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1-17-72-Ordinance-Regulating Tall Grass and Weeds-01/17/1972CITY OF BANGER, TEXAS ORDINANCE NO . = `, ` - , AN ORDINANCE OF THE CITY OF BANGER, TEXAS, REGULATING THE HEIGHT TO WHICH GRASS, WEEDS OR UNCULTIVATED PLANTS SHALL BE PERMITTED TO GROW WITHIN THE CORPORATE LIMITS OF THE CITY OF BANGER UPON PRIVATE PREMISES; REGULATING THE HEIGHT TO WHICH GRASS, WEEDS OR UNCULTI- VATED PLA+° TS SHALL BE PERMITTED TO GROW ALONG OR ADJACE T TO PUBLIC STREETS; REQUIRING THE OWi TER OF ANY LOT OR LOTS TO KEEP THE SAME FREE FROM RUBBISH, BRUSH AND ANY AND ALL OTHER OB- JECTIONABLE, UNSIGHTLY OR UNSANITARY MATTER OF WHATEVER NATURE; REQUIRING THE CUTTING AND RE- MOVAL OF CERTAIN WEEDS AND GRASS; PROVIDING FOR THE CUTTING AND REMOVAL OF GRASS AND WEEDS BY THE CITY OF BANGER, WITH THE COST INCURRED TO CONSTITUTE A LIEN; PROVIDING A PENALTY FOR THE VIOLATION HEREOF; PROVIDING A SEVERABILITY CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF ALL OTHER ORDINANCES AFFECTING THE GROWTH OF GRASS, WEEDS OR UNCULTIVATED PLANTS; AND NAMING AN EFFECTIVE DATE® BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGER, TEXASm Section 1. It sha11 be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Sanger to suffer or permit grass, weeds or any plant that is not cul- tivated to grow to a greater height than twelve inches (12") on an average or to grow in rank profusion upon said premises. With respect to lots, tracts or parcels of land of two or more acres under single ownership, the provisions of this section shall not be applicable to the area in excess of one hundred feet (100') from any open public street or way, or to the area in excess of one hundred feet (100') from any adjacent property under different ownership on which habitable dwellings are locate Section 2. It shall be unlawful for a.ny person, firm, corporation, partnership, association of persons, owner, agent, occupant or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Sanger to suffer or permit grass, weeds or any plant that is not cultivated on, or otherwise, in, along, upon or -1- across the sidewalk or street adjacent to same in the area be- tween the property line and the curb line or within the area ten feet (10°) beyond the property line to a height greater than twelve inches (1211) on an average. Section 3. It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant or or anyone having supervision or control of any lot, tract, parcel of 1a.nd or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the City of Sanger to suffer or permit any rubbish, brush, any and all other objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any such lot, tract or parcel of land. Section 4. It shall be the. duty of any person, firm, corporation, partnership, association of persons,- owner, agent, occupant or anyone having supervision or contro.Mof any lot, tract, parcel of land or portion thereof, occupied'' r unoccupied, improved or unimproved, within the corporate limits of the City of Sanger to cut, or cause to be cut, and reeve, or cause to be removed, if necessary, to comply with Section 3. of this ordinance, all such grass, weeds, plants, rubbish, brush, and any and all other objectionable, unsightly or unsanitary matter of whatever nature as often as may be necessary to comply with the provisions of Sections 1, 2 and 3 of this ordinance. Section 5. In the event that the owner of any lot, tract, parcel of land or a portion thereof situated within the corporate limits of the City of Sanger shall fail to comply with Section 4. of this ordinance, then the City Secretary may notify such owner by letter addressed to him at his post office address, or by publi- cation as many as two times within ten consecutive days in the official newspaper, if personal service may not be had as afore- said, or the owner°s address be not known, of said owner's failure to comply with Section 4. of this ordinance, and at the expiration of ten days after notification, the City of Sanger may enter upon such premises and may do such work as necessary, or cause the same to be done, in order that the premises may comply with the requirements set forth in Section 4. A state- ment of the cost incurred by the City of Sanger to abate such condition shall be mailed to the owner of said premises, which statement shall be paid within thirty days of the date of the mailing thereof. In the event that said statement has not been paid within such period, the Mayor of the Gity of Sanger may file a statement with the County Clerk of Denton County of the expenses incurred to abate such condition on said premises, and -2- the City of Sanger shall have a privileged lien on any lot, tract or parcel of land upon which such expense is incurred second only to tax liens and liens for street improvements, together with ten per cent on the delinquent amount from the date such payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the City of Sanger, and the statement so made, as afore- said, or a copy thereof shall be prima facie proof of the amount expended in any such work performed by the City of Sanger. Section 6. Any person violating any of the provisions of this ordinance shall, upon conviction, be fined in any sum of money not less than One Dollar ($1.00) nor more than Two Hundred Dollars ($200.00'). Each day any such violation of this ordinance shall continue shall constitute a separate offense. Section 7. If any section, subsection, clause, sentence, phrase, or word of this ordinance is for any reason held void or unconstitu- tional by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining sections, sub- sections, clauses, sentences, phrases or words except as the same are inseparable from and indispensable to the remaining portions of the ordinance. Section 8. This ordinance shall be cumulative of all other ordinance of the City of Sanger relating to the subject matter hereof except where such ordinances or parts thereof are in conflict with the provisions of this ordinance, in which event, such ordinances or parts of ordinances so conflicting are hereby expressly repealed. Section 9. The City Secretary shall cause the publication of the caption and penalty clause of this ordinance in two consecutive issues of the official paper of the City of Sanger, Texas, and said ordinance shall become effective fourteen (14) days after the date of its passage. APPROVED AND PASSED at a regular meetin of the City Council of the City of Sanger, Texas , on this the ` : day o f r, ; ; `` , A.D. 1972. r Secretary AS TO FORM: Mayor City Attorney -3-