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1972-051AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, REGULATING THE ACCUMULATION AND COLLECTION OF GARBAGE AND EFFECTING A CHARGE THEREFOR, RESTRICTING THE BURNING OF TRASH AND RUBBISH, DEFINING CERTAIN NUISANCES, PRESCRIBING PENALTIES FOR THE VIOLATIONS OF ITS PROVISIONS, PROVIDING A SAVINGS CLAUSE, AND DE- CLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That the Code of Ordinances of the City of Denton, Texas, is hereby amended and changed as follows A Chapter 12, Article I and the Sections therein contained are hereby deleted and amended by adding a new Article I, Sections 12-1 through 12-17 of said Article and Chapter, which shall here- after read as follows "Article I In General Section 12-1 Purpose of Chapter The accumulation of garbage, trash, rubbish and high weeds on the premises of private residences, businesses, public and private institutions, vacant lots and in the streets and alleys of the City, constitute a public menace and nuisance and greatly increases the danger of the spread of infectious, contagious and epidemic diseases, and the regulations of this chapter are adopted for the purpose of preserving and protecting the public health, safety and general wel- fare by requiring property owners, tenants, occupants and lessees to secure and maintain containers and receptacles of sufficient size and material for the deposit of garbage, trash and rubbish for col- lection and removal at regular intervals, and to maintain their pre- ises free of accumulations thereof, and of excessive growth of grass and weeds Section 12-2 Definitions When used in the chapter, the following terms shall have the meaning indicated. Residential Garbage "Residential Garbage" shall consist of all normal household waste, except plant clippings, leaves, tree trimm- ings, ashes, metal scraps other than cans, large accumulations of boxes, demolition and remodeling debris and other material that can- not be broken down to fit in regular garbage containers Commercial Garbage "Commercial Garbage" shall consist of all waste normally generated by each individual establishment, except plant clippings, leaves, tree trimmings, ashes, demolition and remodeling debris and other material that cannot be broken down to fit in regular garbage containers Rubbish (Trash) "Rubbish" shall consist of all waste and refuse ma- terial that is not either residential garbage or commercial garbage Residential "Residential" shall mean a structure, house or building occupied as a dwelling only, and which contains no more than four (4) dwell- ing units Commercial "Commercial" shall mean any structure or building other than residential, including business structures, hotels, motels, rooming or boarding houses, and structures containing more than four (4) dwelling units City The term "City" shall mean the City of Denton Commercial Tree Trimmer "Commercial Tree Trimmer" shall be a person or firm that engages in and solicits the trimming and/or cutting of trees as a regular part of their business Perso~ "Person" is any person, firm, partnership, association, cor- poration, company or organization of any kind Unusual Accumulations "Unusual Accumulations" for residential ser- vice for each regular collection shall be more than eight 40 gallon plastic bags of garbage, trash and other solid waste permitted under this Chapter and/or limbs and cutting that exceed a pile three (3') feet in height, three (3') feet in width, cut to a maximum of four (4') foot lengths, heavy, bulky objects, and other accumulations unusual for the average household Un- usual accumulations for commercial service shall be any accumulation per- mitted under this Chapter that is not ordinarily encountered in the opera- tion of that type of business or an accumulation substantially greater than ordinary for that commercial establishment Section 12-3 Sanitation Division - Director Appointed, Powers and Duties The head of the sanitation division shall be the director of sanitation The director of sanitation shall be appointed by the city manager with such powers and duties as may be provided by ordinance or assigned by the city manager Section 12-4 Same - Duty to make collections The city sanitation division shall regularly collect and remove pro- perly prepared garbage, trash and rubbish from residential premises and the premises of subscribers to its service -2- Section 12-5 Charges for use of the city sanitary landfill by non residents and resident non subscribers The following charges shall be paid by persons not residing with- in the corporate limits of the City and for non subscribers to re- gular city sanitary service for the use of the city garbage, trash and rubbish disposal grounds, known as the sanitary landfill (a) There shall be no charge for automobiles or station wagons disposing of garbage, trash or rubbish at the city sanitary landfill during business hours (b) One-half ton pick-ups, and two wheel trailers shall be charged $0 75 for each load disposed of (c) Pick-up trucks with side boards, and all other vehicles with a carrying capacity of less than one and one-half tons or five (5) cubic yards, whichever is the smaller shall be charged $1 25 for each load disposed of (d) Ail larger vehicles shall be charged $2 50 for each load dis- posed of, excepting those vehicles described below (e) Commercial, packer-type trucks owned or operated by licensed haulers or non subscribers shall be charged $5 00 for each load dis- posed of Monthly rates for regular use of the sanitary landfill by licensed haulers or non resident haulers may be contracted for with the City under special circumstances in which case the above per load charge will not apply Section 12-6 Disposal of garbage, trash or rubbish only in authorized locations (a) It shall be unlawful for any person to dispose of any gar- bage, trash or rubbish in any place in the City, other than a place designated and authorized in writing by the city manager (b) Any waste, garbage, or other solid or liquid matter, re- sidential, industrial or commercial, that possesses characteristics deemed by the Texas Water Quality Board, Environmental Protection Agency, Texas State Department of Health or any other Federal, State or local agency having Jurisdiction, to be unsuitable or detrimental to the environment when disposed of in the type of sanitary landfill operated by the City is hereby prohibited Such material or matter shall be disposed of in the manner prescribed by the agency having Jurisdiction and at the expense of the party or parties generating such material or matter In no case shall such material or matter be placed for collection by the City, nor shall it be delivered to or disposed of at the city sanitary landfill Section 12-7 Garbage, trash and rubbish nuisances (a) Storing or keeping garbage, trash and rubbish The storing or keeping of any and all stacks, heaps or piles of old lumber, re- fuse, Junk, old cars or machinery or parts thereof, garbage, trash, rubbish, scrap material, ruins, demolished or partly demolished struc- tures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street in the city, so as to produce an unsightly and ugly appearance, or which may harbor reptiles or rodents, create a fire hazard or result in unsanitary conditions, is hereby de- clared to be a public nuisance and unlawful (b) Dumping The dumpin~ unauthorized placing or depositing of any trash, rubbish, garbage, tin cans, refuse, grass, weeds, scrap materials, offal, dead animals or Junk in or upon any street, alley, sidewalk, branch, creek, ditch or gutter or along or upon the sides thereof, in the City, is hereby declared to be a public nuisance and unlawful Section 12-8 Receptacles for trash and rubbish required Every owner, occupant, tenant or lessee using or occupying any building, house or structure within the corporate limits of the City of Denton~ Texas, for residential or commercial purpose shall provide and maintain suitable containers or receptacles of sufficient size and number to hold the garbage, trash and rubbish which normally accu- mulates on the premises Where special conditions exist which subject containers so placed to overturn and spillage, the sanitation division may, at its discretion, require such contamners subject to overturn and spillage to be placed in a portable, movable or stationary rack Section 12-9 Size and construction (a) Garbage cans may be required at the discretion of the city and shall have a capacity of not less than ten (10) nor more than thirty-two (32) gallons, shall be constructed of substantial metallic material safe from water, rodents, and vermin, and shall be equipped with a tight-fitting lid or cover and with handles sufficiently strong for workmen to empty conveniently Can must be round, tapered with bottom diameter smaller than top In no case shall open bins, uncovered barrels, boxes, rooms or other containers accessible to pests be per- mitted --4-- (b) Plastic bags designed for garbage disposal, that meet stan- dard City of Denton specifications and having a capacity of not more than forty (40) gallons shall be used and placed on the curb or alley and suitably protected from animals and vermin Ail bags shall be se- curely tied or otherwise have all openings securely closed Paper bags designed for garbage disposal and possessing characteristics approved by the direstor of sanitation as being equal to the above described plastic bags may be permitted when placed on the curb line or alley and properly protected Other containers or receptacles may be used where permitted under this Chapter (c) The City shall furnish 208 bags each year per individual family unit and may make available for sale additional bags to citizens of the City at locations designated by the City Section 12-10 Weight Limitations The total weight of any garbage can and/or bag and contents, and any trash and rubbish receptacle and contents, shall be fifty (50) pounds or less Section 12-11 Lids or covers required (a) The lids or covers of garbage cans, where permitted, shall at all times be secured and fastened so that flies and other insects may not have access to the contents thereof and said lids or covers shall only be removed while the said garbage cans are being filled or emptied (b) The contents of trash or rubbish receptacles shall be protected so that neither the wind or animals can scatter same over the premises or over the streets or alleys of theCCity Section 12-12 Garbage cans, trash and rubbish receptacles to be maintained in sanitary condition (a) It shall be the duty of every person placing a can or receptacle from which garbage, trash or rubbish is to be collected to keep the same in a clean and sanitary condition (b) The City shall cause regular inspections to be made to insure compliance with the term of this chapter, and if any non compliance is found, the owner shall be notified to correct the same within five (5) days, failure to comply with such notice shall constitute a separate vio- lation of this chapter The affixing of a conspicuous tag or sticker indicating the nature of the non compliance shall be considered a proper notification (c) Ail garbage and refuse containers, drums and barrels not meeting the requirements of this chapter shall be removed and dis- posed of by the City and the City shall not be liable for the re- movable and disposal Section 12-13 Location Receptacles The required receptacle for trash and rubbish shall be placed on the curb line most accessible to the sanitation collection crew, or on the alley line where applicable The locations may be specified at the discretion of the City Section 12-14 Unauthorized handling of garbage, trash or rubbish prohibited (a) It shall be unlawful for any person other than the owner, employees of the City, or person operating under a permit issued in accordance with this Chapter to collect or empty garbage, trash or rubbish receptacles, and it shall be unlawful for any person to trans- port or cause the transportation of garbage, trash or rubbish on the public streets, alleys, or public thoroughfares of the City, in an uncovered or unenclosed receptacle or vehicle (b) It shall be unlawful for any person other than the owner, employees of the City or persons operating under a permit issued in accordance with this Chapter, to disturb or tamper with the contents of any garbage, trash, or rubbish receptacle in the City (c) Ail Junk and other material in the sanitary landfill belong- ing to the City is the property of the City, and it shall be unlawful for any person to separate, collect, remove or dispose of any Junk from the City Sanitary Landfill except under the written authority of the city manager (d) It shall be unlawful for any person to enter the City Sani- tary Landfill except city officials and employees, persons operating under permit granted under the provisions of this chapter, persons delivering their own garbage, trash or rubbish in automobiles and station wagons, subscribers delivering their own excess garbage, trash or rubbish from premises located within the corporate limits of the City of Denton, and persons paying the charges required by th~s chapter (e) Ail burning of garbage, trash and rubbish in the City's Sani- tary Landfill is prohibited and it shall be unlawful for any person to burn garbage, trash or rubbish on any portion of such grounds, or to cause such a fire to be started Section 12-15 Garbage, trash and rubbish to be drained Ail garbage and all trash and rubbish mixed with water or other l~quids shall be drained before being placed in the can or receptacle Section 12-16 Preparation of trash, rubbish, tree limbs, etc , for collection (a) Ail trash and rubbish shall be placed in an approved receo- tacle In the eYent trash and rubbish is of such nature that it can- not be placed in the receptacle it shall be prepared in units or pieces under fifty (50) pounds in weight and placed at a point designated by the sanitation division Ail trash and rubbish must be protected from blowing, scattering or causing a nuisance (b) Tree limbs, shrubs and hedge cuttings shall not exceed four (4) feet in length and shall be stacked neatly with one cut end to- ward the street No unit or piece shall weigh more than fifty (50) pounds Small pieces, small cuttings, and small loose material shall be placed in approved plastic bags (c) The sanitation division shall make regular collections of trash and rubbish which has been prepared in accordance with this sec- tion, and if more than normal work is necessary in making such collec- tion, a reasonable charge shall be made for such service in addition to the regular monthly service charge Section 12-17 Heavy or unusual accumulations not included in reEular service (a) Heavy accumulations such as brick, broken concrete, rocks, stones, ashes, lumber, clinkers, cinders, dirt, plaster, sand, gravel, automobile frames, dead trees and other bulky, heavy material shall be disposed of at the expense of the owner or person controlling same, or upon payment of the actual cost of such removal plus ten (10%) per cent of such cost to the City Sanitation Division (b) Manure from cow lots, horse stables, poultry yards, fowl coops, pigeon lofts, other animals, and similar matter, shall be dis- posed of by the owner or person controlling same under the direction of the City Sanitation Division (c) The bodies of dead animals shall not be placed in solid waste containers or in any street, alley, easement or public way The collection and removal of dead animal bodies shall be a service of the City and shall be furnished upon request or notification by any in- terested party Requests shall be made to the animal control officer --7-- (Section 4-25) (d) Brush, limbs, leaves and cuttings from trees and shrubs which have been trimmed or removed by a commercial tree trimmer shall be disposed of at the expense of the owner or person controlling the same, or upon payment of the actual cost of such removal plus ten (10%) per cent of such cost to the City Sanitation Division (e) Construction material and other accumulations as a result of construction, remodeling, repairing or destruction shall be disposed of at the expense of the owner or person controlling the same, or upon payment of the actual cost of removal plus ten (10%) per cent to the City Sanitation DiviSion B Chapter 12, Article II and the Sections contained therein are hereby deleted and amended by adding a new Article II, Sections 12-18 and 12-19 of said Article and Chapter, which shall hereafter read as follows ~ "Article II Residential Collection Service Section 12-18 Residential Collection - Service Required, Penalty for non-payment (a) Any owner, occupant, tenant or lessee of any residential premises in the City shall have garbage, trash and rubbish regularly removed by the City Sanitation Division (b) The charges for such service shall be included on the monthly bill of the applicant, as determined by the utility deposit or service application (c) Ail utility service may be suspended upon failure to pay the required charges within ten (10) days from the due date of the bill, and it shall be unlawful for any person to accumulate garbage, trash or rubbish on his premises in a manner making same uncollect- able by the City, or to prevent such collection Section 12-19 Charges for residential service (a) As used in this section, the term "individual family unit" shall mean each side of a duplex, ~ach one or more living units per sub-divided lot, each apartment in an apartment house up to and in- cluding four (4) mnits, and any unit or living space in which a single family resides (b) The charge for collecting garbage, trash and rubbish from each individual family unit shall be $2 75 per month if a single unit -8- $2 50 per unit if there are from two (2) to four (4) units inclusive on the sub-divided lot with one central pick-up point Ail such fees are subject to being increased by the sanitation division if more than the minimum service is required (c) Multiple dwelling units having either water or electricity billed through a single meter will be billed a single charge along with the single water or electric charge regardless of the occupancy of such multiple dwelling unit Multiple dwelling units classified as fraternities, sororities, boarding houses and dormitories shall be charged as a commercial or institutional service Any multiple dwell- ing unit which requires more than the minimum service described here- in is subject to having the charges increased by the City Sanitation Division based upon the additional required service (d) Bills for service hereunder will be at the net monthly rate, payment of which is due on or before the due date shown on the state- ment After the due date shown on the statement, the gross amount will be charged The gross amount shall be the net amount multiplied by one hundred ten (110%) per cent (e) Ail residential dwelling units shall use garbage bags as specified under Section 12-9 (b) and shall place such bags on the curb or alley line as specified by the City (f) Containers (bags) may be placed in other locations designated by the City if no member of the household is physically able to place such containers on the curb line Such exceptions shall be at the dis- cretion of the City C Chapter 12 is further amended by creating a new Article III of said Chapter containing therein new Sections 12-20 through 12-24, which shall hereafter read as follows "Article III Commercial Collection Service Section 12-20 Charge for commercial or institutional service Commercial establishments may subscribe for City collection of garbage, trash and rubbish, at the following rates (a) The charge for the collection and removal of garbage, trash and rubbish from premises used for business, commercial or institu- tional purposes shall be from a minimum of $3 50 per month to a maxi- mum of the actual cost to the City of the loading, hauling, and dis- posing of same plus ten (10%) per cent of such cost (b) The service charge shall be determined by the City Sani- tation Division and based upon the number of collections each week, the amount of garbage, trash and rubbish collected, and the manner in which it is collected (~) Buildings or connected series of buildings containing more than four (4) dwelling units having either water or electricity bill- ed through a single meter will be billed as a single charge along with the single water or electric charge regardless of the occupancy of such multiple dwelling unit Multiple dwelling units classified as fraternities, sororities, boarding houses and domitories shall be charged as a commercial or institutional service Any multiple dwell- ing units or commercial establishment which requires more than the minimum service described herein is subject to having the charges in- creased by the City Sanitation Division based upon the additional service required Any multiple dwelling unit having individual water and electric meters shall be billed individually at the residential rate The charge for collecting garbage, trash and rubbish from apart- ment houses consisting of more than four (4) units, having individual water or electric meters shall be $2 00 per unit per month (d) Commercial establishments shall utilize containers as speci- fied by the City Containers shall be placed at the location desig- nated by the City (e) If such owner or occupant elects to remove such garbage, trash or rubbish from his premises, by contract with a private hauler or with his owner vehicle, the requirements of Sections 12-23 and 12-24 shall be met, and such owner or occupant shall furnish the city secretary with the name and address of such private hauler (f) Bills for service hereunder will be at the net monthly rate, payment of which is due on or before the due date shown on the state- ment After the due date shown on the statement, the gross amount will be charged The gross amount shall be ~he net amount multiplied by one hundred ten (110%) per cent Section 12-21 Owner to arrange for collection and removal (a) Every owner, occupant, tenant or lessee of a house or build- ing used for business, commercial or institutional purposes shall -10- arrange for the removal of garbage, trash and rubbish from the pre- mises not less than two (2) times each week, or as determined by the City Sanitation Division based upon each particular commercial or institutional use involved (b) It shall be the duty of the owner, occuoant, tenant or lessee of any premises to report the failure to collect properly pre- pared garbage, trash or rubbish for a consecutive period of five (5) days to the city manager where the city sanitation division or the holder of a permit under this Article is responsible for the collec- tion, and if the owner, occupant, tenant or lessee of a commercial establishment or institution elects to regularly remove garbage, trash or rubbish from his premises, it shall be un~awful for such owner, occupant, tenant or lessee to remove such accumulations less often than required in this section Section 12-22 Containers furnished by city for commercial and industrial concerns (a) The sanitation division may locate and place metal refuse containers for use by commercial and industrial concerns in accor- dance with the needs of the individual concern All concerns for which containers are so provided by the city shall place all refuse and waste materials in such containers and shall not place waste re- fuse or garbage in any containers except those designated by the sani- tation division for their use It shall be unlawful for any person using such containers to leave the lid open after placing refuse ma- terial therein (b) All boxes and cartons must be broken down, and placed in pro- per containers (c) Maximum weight of container and contents shall not exceed 1200 pounds (Net contents not to exceed 600 pounds ) (d) Charges for containers furnished by Citv The following minimum charges will be made for containers furnished by the City 2 cubic yard container $ 7 00 each per month 3 cubic yard container $ 9 00 each per month 4 cubic yard container $11 00 each per month The minimum charge shall include the cost of emptying the con- tainer one (1) time each week and disposing of the garbage and rubbish contained therein The charges to be made for additional service (emptying containers and disposing of the garbage and rubbish), shall be the actual cost to the city plus ten (10%) per cent of such cost -ll- Where more than one (1) commercial establishment uses the same con- tainer, the charges shall be pro-rated according to use, but in no case shall be less than $3 50 per month The charges for containers shall apply to all types of approved use except apartment houses and residences served by containers Such apart- ment houses and residences shall be charged the regular rate listed in this chapter Section 12-23 Permit required for private haulers of garbage trash or rubbish, fee (a) Any person desiring to engage in the business of collection, re- moving or disposing of garbage, trash or rubbish in the City, and any com- mercial establishment which regularly dispose~ of its own matter, or any such person or firm disposing of such material at the city sanitary land- fill shall first make application to the city secretary for a permit (b) Each application shall state the name and address of the appli- cant, the trade name under which the applicant does or proposes to do business, the number of vehicles the applicant desires to operate, the class, size and design of each vehicle, whether or not the applicant has been convicted of a violation of any federal, state or municipal law, whether or not the applicant, or any person, firm or corporation with whom he has been associated or employed, has a claim against him for dam- ages resulting from the negligent operation of a vehicle, the financial ability and responsibility of the applicant, the proof of liability in- surance in the amount of $100,000 00 for each person and $300,000 00 dol- lars for each accident involving death or injury to persons or damage to property by reason of the negligent operation of a vehicle or vehicles upon the public streets and thoroughfares of the city, the nature and character of the service the applicant proposes to render and the appli- cant's experience in rendering such service, and such other information as the city secretary may require (c) The city secretary shall make or cause to be made, such investi- gation of each applicant as he may deem necessary to determine whether or not the public convenience and necessity requires the granting of the permit (~) If the city secretary determines that the applicant is a proper and fit person to conduct such business and that the public con- -12- venience and necessity requires the service, and that the applicant meets all the requirements of this chapter, he may issue a permit which shall be nontransferable and may be rescinded upon violation of any ordinance of the City, or any statute of the State of Texas (e) Ail permits shall be permanently attached to the vehicle or vehicles used for the service, and shall be subject to inspection at all times by any public official (f) There shall be an annual permit fee of $100 00 dollars payable in advance for the calendar year during which it is to be in force Thms fee shall not be pro-rated for partial years (g) Each private hauler shall provide the city secretary with a list of all establishments served, within the corporate limits of the city, stating the name and location of each, every three months so that a current list may be maintained by the city secretary Section 12-24 Vehicles used by private haulers - requirements, three classes (a) Ail vehicles used by licensed private haulers, non resident haulers and resident haulers shall meet the minimum requirement stated under the below described class which is most applicable CLASS I Persons engaging in the business of collecting, hauling and dispos- ing of trash, garbage and rubbish or commercial or institutional estab- lishments that provide their own such service shall use vehicles meet- ing the following minimum requirements truck body (1) Ail vehicles utilized shall have a metal, enclosed~that is comparable to that used by the sanitation division of the City of Denton (2) This equipment shall be maintained and operated so as to pre- vent the spilling of liquid, trash, garbage and rubbish (3) Containers shall meet all requirements and standards speci- fied in this chapter Mechanically-hoisted refuse containers compar- able to those supplied by the city under Section 12-22 may be utilized CLASS II Contractors, tree trimmers and commercial establishments hauling non-putrescible material on a regular basis shall be considered special permit haulers and shall pay sanitary landfill fees as provided for in this chapter No license shall be required for this classification -13- (1) Equipment shall be so designed as to prevent any loss of trash, or rubbish through spillage, blowing or other means during collection and transport Where necessary a tarp or other cover shall be provided (2) In no case shall such equipment be used to collect or transport putrescible material CLASS III Commercial and residential subscribers hauling their own un- usual accumulations of trash, garbage or rubbish on an irregular basis shall use equipment as specified for Class II haulers with the following exception Putrescible material may be carried in a container that will prevent any loss through spillage or other means and that is not accessible to rats, vermin, rodents, etc These classes shall at all times comply with all applicable city ordinances and state and federal statutes, and shall be cumu- lative thereof (b) Private haulers shall meet the Class I vehicle require- ments not later than January 1, 1974 The requirement for Class II and Class III shall become effective immediately upon enactment of this ordinance " D Chapter 12 is amended by adding a new Article IV to said Chapter which shall consist of Section 12-25, which shall read as follows "Article IV Burning of trash and rubbish restricted Section 12-25 Declared Unlawful (a) It shall be unlawful for any person to burn trash or rub- bish (1) At any place other than within a proper incinerator which has been approved by the city fire marshal (2) At any place upon the public square or within one block of the public square (3) Nearer than fifteen (15) feet to any residence, building or structure (4) In any street or alley, or upon any public property in the City -14 - (5) In any place other than on private premises under the immediate supervision of the owner or person in charge of the premises or some competent person designated by the owner or per- son in charge of the premises (6) In any place or at any time other than that permitted by the regulations of the air pollution control board and the Clean Air Act of Texas, as amended (7) At any time or place without a permit from the fire marshal (8) At any time or place where wind conditions may create a hazard, or cause non-containment of burning matter (b) Junk vehicles, salYage parts, scrap material, refuse, grass, paper, garbage, and all like substances and matter are con- sidered to be trash or rubbish for the purpose of this section Firewood, kindling and charcoal or coal in a proper fireplace, pit or broiler are not considered to be trash or rubbish for the pur- pose of this section" E Chapter 12 is amended additionally by adding and creating a new Article V, containing therein Sections 12-26 through 12-31, which shall read as follows "Article V Weeds on Private Premises Section 12-26 Declared a nuisance It shall be unlawful for any person owning or controlling any premises within the City, whether occupied or unoccupied, to suffer or permit weeds or grass to grow thereon to a greater height than twelve (12) inches on an average or in rank profusion, or to leave such weeds or grass upon any premises after the same are cut, and it shall be deemed a nuisance dangerous to the public health, and to the public safety as a fire hazard, for any premises to have weeds or grass above such height, or in rank profusion, or cut and left thereon Section 12-27 Inspection of premises, notice to owner (a) Upon being informed of any premises in violation of the terms of this article, the city health officer or his deputy shall -15- inspect the same to determine the facts and if a nuisance exists thereon as defined in Section 12-26, the city health officer shall notify the owner in writing and direct that the said weeds or grass be cut and removed from the premises within ten (10) days of such notice, (b) The notice may be in writing, or by letter addressed to such owner at his post office address, or by publication as many as two (2) times within ten (10) consecutive days Section 12-28 Abatement by the City If the owner fails or refuses to cut or remove the weeds or grass from his premises within ten (10) days as directed, or if personal service may not be had as aforesaid, or the owner's add- ress be not known, the city health officer shall immediately make arrangements by contract to cut and remove the weeds from the premises and shall keep a careful account of all expenses incurred, reporting in writing to the city the total cost of the work Section 12-29 Special assessment for cost of abating weed or grass nuisances, notice and hearing (a) The city health officer shall certify the order and per- formance of the work together with the totsl cost to the city secre- tary who shall issue either a personal notice, or a notice to be published in the official newspaper in the city, notifying the owner of the premises to appear before the city council for a hearing on a date to be fixed by the council, such date being at least ten (10) days after the notice, and to show cause why the said charge or cost shall not be imposed against said owner and his premises as a special assessment (b) If it appears to the council, upon the hearing, that the said charge is reasonable and covers only the cost and expense re- quired to abate the nuisance, the council shall levy a special -16- assessment against the lot, tract or parcel of land upon which the nuisance existed and was abated, and the special assessment shall constitute a lien against the premises, and a personal charge against the owner, and the same shall be collected by the tax col- lector as other taxes are collected in the City Section 12-30 Statement of expenses to be filed with county clerk In addition, the city health officer shall file with the county clerk a statement of any such expenses and the city shall have a privileged lien thereon, second only to tax liens and liens for street improvements, to secure the expenditures so made, and ten (10%) per cent interest on the amount from the date of filing 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 there- of, shall be prima facie proof of the amount expended in any such work or improvements Section 12-31 Penalties (1) Any person who shall violate a provision of this Code, or fails to comply therewith or with any of the requirements thereof, or of a permit, license or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not less than ten ($10 00) dollars nor more than two hundred ($200 00) dollars Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, or continued, and upon conviction of any such violation such person shall be punished within the limits provided above (2) The imposition of the penalties herein prescribed shall not preclude the City Attorney from instituting an appropriate action or proceeding to prevent an unlawful accumulation, collection and/or movement of garbage within the terms of the ordinance stated above, or to restrain, correct or abate a violation of said ordin- ance, or prevent an illegal act, conduct, business or use in or about any premises or any public nuisance or health hazard " -17- PART II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any per- son or circumstances is held invalid by any court of competent Jur- isdiction, such holding shall not affect the validity of the remain- ing portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity PART III .~/j ~ That this ordinance shall become effective ~ and the City Secretary is hereby directed to cause the caption of this ordinance to be published in the Denton Record-Chronicle within ten (10) days of the date of its passagef/~~/~ ~ PASSED AND APPROVED this the~yv~ day of , , A D 1972 BILL NEU, MAYOR CITY OF DENTON, TEXAS ATTEST BROOKS HOLT, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS~_~O LEGAL FORM W~RALPH MA~_~, Ct~T~f ATTORNEY CITY OF DENTON, TEXAS -18-