82-04 O - Removal of Unwholesome/Unsightly Items • ORDINANCE NO. Y)=
AN ORDINANCE OF THE CITY OF PROSPER, COLLIN COUNTY, TEXAS,
46, PROVIDING FOR THE FILLING, DRAINAGE, AND REGULATION OF ANY
PLACE IN THE CITY WHICH IS UNWHOLESOME, CONTAINS STAGNANT WATER,
OR ANY OTHER CONDITION LIABLE TO PRODUCE DISEASE; THE CLEANING
OF ANY BUILDING OR PREMISES OF FILTH, CARRION OR OTHER IMPURE
AND UNWHOLESOME MATTER; REQUIRING OWNERS OR OCCUPANTS OF LOTS
IN THE CITY TO KEEP THE LOTS FREE FROM WEEDS, RUBBISH, BRUSH
AND OTHER UNSIGHTLY OR UNSANITARY MATTER; PROVIDING FOR
NOTICE TO BE GIVEN TO OWNER OF PREMISES WHICH ARE UNSANITARY
OR UNSIGHTLY; PROVIDING THAT AFTER NOTICE THE OWNER DOES NOT
REMEDY THE UNSIGHTLY OR UNSANITARY CONDITION THE CITY OF
PROSPER, TEXAS, MAY PERFORM THE WORK NECESSARY TO MAKE THE
LOT OR LOTS SANITARY AND/OR SIGHTLY; PROVIDING FOR THE FIXING
OF A LIEN AGAINST SUCH LOT OR LOTS FOR THE WORK PERFORMED BY
THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY;
PROVIDING FOR REPEAL OF ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND, PROVIDING FOR PUBLICATION AND THE
EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, it is deemed by the City Council of the City of
4110 Prosper, Texas, that it is dangerous to the public health for
lots or premises in the City of Prosper, Texas, to have places
thereon where stagnant water may accumulate and for filth,
carrion, or other impure and unwholesome matter to accumulate
on lots or premises in the City of Prosper, Texas ; and,
WHEREAS, it is deemed by the City Countil of the City of
Prosper, Texas, that it is dangerous to public health and
constitutes a fire hazard to have weeds, brush, rubbish and
other unsightly and unsanitary matter on lots or premises
in the City of Prosper, Texas ;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF PROSPER, TEXAS :
SECTION 1 . It shall be unlawful for the owner or occupant
of any real property in the City of Prosper, Texas, to permit
or allow holes or places on the real property where water
may accumulate and become stagnant.
SECTION 2 . It shall be unlawful for the owner or occupant
of any real property in the City to permit or allow the
accumulation of stagnant water on such real property.
SECTION 3 . It shall be unlawful for the owner or occupant
of any house, building, establishment, lot, yard or ground in
the City of Prosper, Texas, to permit or allow any carrion,
- filth or other impure or unwholesome matter to accumulate or
remain thereon.
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SECTION 4 . It shall be unlawful for the owner or occupant
of any lot or lots to allow weeds, rubbish, brush or any other
unsightly or unsanitary matter to accumulate or grow on such
lot or lots.
SECTION 5 . Should the owner of any real property located
in the City have places on such real property where stagnant
water may accumulate and he fails or refuses to drain or fill
the property within ten ( 10 ) days after written notice by
letter addressed to such owner at his post office address ;
then the City of Prosper, Texas, may do such filling or
drainage and charge the reasonable expenses incurred in doing
such work or having the work done to the owner of the real
ihro property. If the post office address is unknown and can not
be obtained or the owner can not otherwise be given written
notice, the owner may be notified by publication twice within
ten ( 10 ) consecutive days in a newspaper of general county
circulation.
SECTION 6 . Should the owner of any house, building,
establishment, lot, yard or ground fail or refuse to rid such
property of filth, carrion or other impure or unwholesome
matter within ten ( 10 ) days after written notice by letter
addressed to such owner at his post office address; then the
411. City of Prosper, Texas, may remove the filth, carrion, or
other impure or unwholesome matter or cause the same' to be
done and charge the reasonable expenses incurred in doing such
work or having the work done to the owner of the house,
building, establishment, lot, yard or ground. If the post
office address is unknown and can not be obtained or the owner
can not otherwise be given written notice, the owner may be
notified by publication twice within ten ( 10 ) consecutive days
in a newspaper of general county circulation.
SECTION 7 . Should the owner of any lot or lots in the
City allow weeds, rubbish, brush or any other unsightly or
unsanitary matter to grow or accumulate on such lot or lots
and fail or refuse to cut down or remove the weeds, rubbish,
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brush or other unsightly or unsanitary matter within ten ( 10 )
days after written notice by letter addressed to such owner
or occupant at his post office address ; then the City of
Prosper, Texas, may do such cutting and/or removing of the
weeds, rubbish or other unsightly or unsanitary matter, or
cause the same to be done and charge the expenses incurred in
doing such work or having the work done to the owner of the
lot or lots. If the post office address is unknown and can not
be obtained or the owner can not otherwise be given written
notice, the owner may be notified by publication twice within
ten ( 10 ) consecutive days in a newspaper of general county
circulation.
SECTION 8 . The mayor of the City of Prosper, Texas, shall
file a statement of the expenses incurred by the City under
Section 5 , Section 6 or Section 7 of this ordinance with the
County Clerk of Collin County, Texas. The statement by the
mayor shall include the amount of the expenses and the date
the work was started and completed. As provided by Tex.
Rev. Civ. Stat. Ann. Art. 4436 , the City of Prosper, Texas,
shall have a privileged lien to secure payment of such expenses
and the amount of such expenses shall bear interest at the rate
of ten ( 10 ) percent from the date of payment or incurring of
401, the expenses.
SECTION 9 . Any person, firm, or Corporation who violates
any of the provisions of this ordinance shall be guilty of a
misdemeanor, and upon conviction, shall incur a fine not
exceeding two hundred ( 200 ) dollars, and each and every day
of violation shall constitute a separate and distinct offense.
SECTION 10 . That if any part of this ordinance is, or
should be held invalid for any reason, then that fact shall
not invalidate the entire ordinance, but the balance thereof
shall remain in full force and effect.
SECTION 11 . All other ordinances or parts of ordinances
411, in conflict with this ordinance are hereby repealed to the
extent of such conflict.
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SECTION 12 . That this ordinance shall be published in
160 accordance with Tex. Rev. Civ. Stat. Ann. Arts. 1013 and 1152
and it shall become effective ten ( 10 ) days from and after its
passage and approval .
Passed and adopted this sT day of jiAJ , A.D. 1982 .
2Y/*
'YSR OF E CITY OF
PROSPER, TEXAS
ATTEST:
.716a/L-Za-, /V-tt-e-441-0-1
CITY SECRETARY FOR THE CITY OF
PROSPER, TEXAS
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APPROVED AS TO FORM:
A°, ,>,b/
CITY Af•RNEY FOR THE CITY OF
PROSP " , TEXAS
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