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1984-031NO _ AN ORDINANCE AMENDING ARTICLE V OF CHAPTER 12 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON RELATING TO GRASS AND WEEDS, BY INCREASING THE ADMINISTRATIVE FEES FOR CITY CUTTING, PROVIDING FOR APPEALS OF THE AMOUNT LEVIED FOR CUTTING, AND PROVIDING FOR AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS SECTION I That Section 12-27, Article V of Chapter 12 of the Code of Ordinances is hereby amended to read as follows "Section 12-27 Notice to owner of violations, abatement by city, collection of costs In the event that the owner of any lot, tract or parcel of land or portions thereof shall fail or refuse to comply with Section 12-26, then the city manager or his designee shall notify such owner by letter addressed to him at his post office address, or by publication as many as two (2) times within ten (10) consecutive days, if personal service may not be had as aforesaid or if the owner's address be not known, and at the expiration of ten (10) days after notifica- tion as provided herein, the city 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 of this article A statement of the cost incurred by the city to abate such condition shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof Such cost shall include an administrative fee of eighty dollars ($80 00), in addition to the actual cost of cutting or removing such vegetation In the event that said statement has not been paid within such period, the city manager or his designee may file a statement with the county clerk of the expenses incurred to abate such condition on said premises, and the city shall have the 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 (10) percent 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 and the statement so made, as aforesaid or a certified copy thereof shall be prima facie proof of the amount expended in any such work performed by the city " SECTION II That Article V of Chapter 12 of the Code of Ordinances is hereby amended by creating a new Section 12-28 to read as PAGE 1 follows "Section 12-28 Appeals from Amount Billed for Cutting Within fifteen (15) days of the date a statement of costs is mailed to the owner of the premises, such owner may appeal the reasonableness of the charges billed for abating the condition to the City Council by filing a written statement with the City Manager or his designee, stating why such charges are unreason- able Such appeal shall be submitted to the City Council within a reasonable time after filing The City Council shall review the charges, and may, upon finding such charges unreasonble, assess such costs as it deems reasonable The administrative fees shall not be appealable " SECTION III That Sections 12-29 and 12-30 are reserved for future use SECTION IV That this ordinance shall become effective immediately after its passage and approval PASSED AND APPROVED this the 1 day of d,Z{--, 1984 1 CI OF D NTON, TEXAS ATTEST d4l,vlr2y, Z~ ,CI -CTMLOTTE ALLEN, CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM C J TAYLOR, JR , CITY ATTORNEY CITY OF DENTON, TEXAS BY C . e~v~ 41- 077~__ PAGE 2