1983-008262L
AN ORDINANCE REPEALING ARTICLE V OF CHAPTER 12 ("WEEDS ON
PRIVATE PREMISES") OF THE CODE OF ORDINANCES OF THE CITY OF
DENTON AND ENACTING A NEW ARTICLE V REGULATING THE HEIGHT OF,
AND REQUIRING THE CUTTING OF CERTAIN WEEDS, GRASS AND
UNCULTIVATED VEGETATION, PROVIDING FOR NOTICE OF VIOLATIONS,
ABATEMENT BY THE CITY, ASSESSMENT OF AN ADMINISTRATIVE FEE AND
COLLECTION OF COSTS, PROVIDING FOR A LIEN FOR DELINQUENT COST,
INTEREST THEREON AND FORECLOSURE THEREOF, PROVIDING FOR A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS (~200 00) FOR
VIOLATIONS THEREOF, REPEALING ALL ORDINANCES IN CONFLICT,
PROVIDING FOR A SEVERABILITY CLAUSE AND DECLARING AN EFFECTIVE
DATE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I
That the Code of Ordinances of the City of Denton, Texas is
hereby amended by repealing in its entirety Article V of Chapter
12 of said Code and enacting a new Article V of Chapter 12 which
shall hereafter read as follows
ARTICLE V GRASS AND WEEDS
Sectlon 12-26 Height l~mltat~ons on certain weeds, grass
and uncultivated vegetation
A It shall be unlawful for any person, f~rm, corporation,
partnership, association, owner, agent, lessee, occupant or
anyone having control or supervision of any lot, tract, or
parcel of land, or portion thereof, occupied or unoccupied,
improved or unimproved, wlth~n the corporate l~m~ts of the City
to suffer or permit grass or weeds or other vegetation, except
agricultural crops, trees, shrubs, flowers or other decorative
or ornamental plants under cultivation, to grow on an average to
a greater height then twelve inches (12") upon said premises, or
to leave such weeds or grass upon any premises after the same
have been cut
B W~th 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
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property under different ownership on which habitable dwellings
are located
C The provisions of this Article shall be applicable to all
railroad rights-of-way within the City
D It shall be the duty of any person, firm, corporation,
partnership, association, owner, agent, lessee, occupant or
anyone having supervision or control of any lot, tract, parcel
of land or port,on thereof, occupied or unoccupied, improved or
unimproved, within the corporate limits of the City to cut, or
cause to be cut, and remove, or cause to be removed, if
necessary, to comply with this section, all such grass, weeds,
and/or other vegetation as often as may be necessary to comply
with the provisions of this section
Sectlon 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 fall or refuse to comply w~th
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 publlcatlon 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 notification as provided
herein, the C~ty 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 w~th 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 ~nclude an administrative
fee of Thlrty-F~ve Dollars ($35 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
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Clerk of the expenses incurred to abate such condition on said
premises, and the City 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 lmens for street ~mprovements,
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 xn the name of the City and the statement so
made, as aforesaid or a certified copy thereof shall be prima
fac~e proof of the amount expended In any such work performed by
the Cxty
Section 12-28 to 12-30 Reserved
SECTION II
That any person v~olatlng any of the provisions of thxs
ordinance shall, upon conviction, be fined a sum not less than
Ten Dollars (~10 00) nor exceeding Two Hundred Dollars
(~200 00), and each day and every day that the provisions of
this ordinance are v~olated shall constitute a separate and
d~stlnct offense Th~s penalty ~s in addition to and cumulative
of, any other remedles as may be available at law and equity
SECTION III
All ordxnances or parts of ordxnances in force when the
provisions of th~s ordmnance become effective which are
~nconslstent or in conflict with the terms or provisions
contained ~n this ordmnance are hereby repealed to the extent of
any such conflxct
SECTION IV
That ~f any section, subsection, paragraph, sentence,
clause, phrase or word ~n th~s ordmnance, or applxcat~on thereof
to any person or circumstance is held ~nvalld by any court of
competent jurisdiction, such holding shall not affect the
validity of the remalnmng portions of th~s ordinance, and the
C~ty Council of the City of Denton, Texas, hereby declares ~t
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would have enacted such remaining portions despite any such
invalidity
SECTION V
That th~s ordinance shall become effective fourteen (14) days
from the date of its passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, the official newspaper of
the City of Denton, Texas, w~thln ten (10) days of the date of
· ts passage
PASSED AND APPROVED th~s the /~- day of ~ ,
ATTEST
CHA~0TTE ALLEN, CITY SEC~TARS
CITY OF DENTON, TEXAS
APPROVED AS TO LEGAL FO~
C J TAYLOR, JR , CITY ATTO~EY
CITY OF DENTON, TEXAS
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