ORD 1987-05 Unsightly Weeds TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 0 87-05
AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS,
MAKING IT UNLAWFUL FOR ANY PERSON TO PERMIT WEEDS,
GRASS OR ANY PLANT THAT IS NOT REGULARLY CULTI-
VATED TO GROW TO A HEIGHT GREATER THAN TWELVE (12)
INCHES UPON ANY REAL PROPERTY WITHIN THE TOWN;
PROVIDING FOR NOTICE OF A VIOLATION; PROVIDING FOR
REMOVAL BY THE TOWN OF WEEDS, GRASS OR PLANTS NOT
REGULARLY CULTIVATED AND THE PLACEMENT OF A PRI-
VILEGED LIEN ON THE PROPERTY INVOLVED; REPEALING
ORDINANCE NUMBER 85-18 OF THE TOWN OF TROPHY CLUB
RELATING TO WEEDS, GRASS AND BRUSH; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PRO-
VIDING A PENALTY NOT TO EXCEED THE SUM OF ONE
THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES; DECLARING AN EFFECTIVE DATE
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. (a) It shall be unlawful for any person, firm, corporation,
partnership, sole proprietorship or any other entity recognized in law owning,
leasing, claiming, occupying or having supervision or control of any real
property, occupied or unoccupied, improved or unimproved, within the corporate
limits of the Town, to permit or allow grass, weeds or brush to grow to a height
greater than twelve (12) inches upon any such real property, or allow or permit
any objectionable or unsightly matter to accumulate or be present upon such
property.
(b) With respect to lots, tracts or parcels of land of two (2) or more
acres under single ownership, the provisions of this section shall be applicable
only to the area within one hundred (100) feet from any adjacent property under
different ownership and any adjacent or contiguous street right-of-way, alley,
utility easement or other public right-of-way.
Section 2. It shall be unlawful for any person, firm, corporation,
partnership, sole proprietorship or other entity recognized in law owning, leasing,
claiming, occupying or having supervision or control of any real property,
occupied or unoccupied, improved or unimproved, to permit or allow grass, weeds
or brush to grow in, along, upon or across the area between the property line
and the curb line of a street or alley, or if there is no curb, between the
property line and the pavement of a street or alley or traveled way, to a height
greater than twelve (12) inches, or to allow or permit any objectionable or
unsightly matter to accumulate or be present in, along, upon or across said
areas.
Section 3. It shall be the duty of any person, firm, corporation,
partnership, sole proprietorship or other entity recognized in law owning, leasing,
claiming, occupying or having supervision or control of any real property,
occupied or unoccupied, improved or unimproved, within the corporate limits of
the Town to cut, or cause to be cut, and remove, or cause to be removed, all
such grass, weeds, brush and other objectionable or unsightly matter as may be
necessary to comply with this Ordinance.
Section 4. All vegetation not regularly cultivated and which exceeds
twelve (12) inches in height shall be presumed to be objectionable and unsightly,
except that regularly cultivated crops will not be allowed to grow within the
right-of-way of any public street, alley, easement or other public right-of-way
but shall be kept mowed or cut back, as provided above.
Section 5. In the event that any person, corporation, partnership, sole
proprietorship or other entity recognized in law owning, claiming, occupying or
having supervision or control of any real property, occupied or unoccupied,
improved or unimproved, within the corporate limits of the Town fails to comply
with the provisions of this Ordinance, it shall be the duty of the Town to give
ten (10) days notice in writing to such person by letter at the address shown on
the last approved tax rolls of the Town, or at any residence or business structure
located on the subject property or at the last known address, or by publication
two (2) times within ten (10) consecutive days in the Town's official newspaper,
if personal service may not be had as aforesaid. If such person fails or refuses
to comply with the provisions of this Ordinance within ten (10) days after date
of notification in writing or date of second publication of notice in the Town's
official newspaper, the Town may go upon such property and do or cause to be
done the work necessary to obtain compliance with this Ordinance, and may
charge the expenses incurred in doing or in having same done, to the owners of
such property as provided hereafter in compliance with Article 4436, Revised
Civil Statutes of Texas, as amended.
Section 6. The charges provided for in this Ordinance shall be levied,
assessed and collected by the Town of Trophy Club, Texas. In the event the
owner of said premises upon which work was done and charges were incurred
fails or refuses to pay such charges and expenses within thirty (30) days after
the first day of the month following the one in which the work was done, the
Mayor shall file with the county clerk of Denton County, a statement by the
Town Secretary setting out the expenses that the Town has incurred pursuant to
the provisions of this Ordinance, and the Mayor shall thereby perfect a
privileged lien on the property involved, second only to tax liens and liens for
street improvements to secure the expense incurred; together with ten per cent
(10%) interest from the date such payment was due. For any such expenditures
and interest, as aforesaid, suit may be instituted and foreclosure had in the name
of the Town of Trophy Club, and the statement so made, as aforesaid, or a
certified copy thereof, shall be prima facie proof of the amount expended for
any such work or improvements.
Section 7. Notwithstanding the provisions of Section 5 of this Ordi-
nance, the Town shall prior to filing a complaint in the Town Municipal Court
or seeking injunctive or other legal relief, be required to give only one (1) notice
in writing to any person, corporation, partnership, sole proprietorship or other
entity recognized in law owning, claiming, occupying or having supervision or
control of any property, occupied or unoccupied, improved or unimproved, within
the corporate limits of the Town, of a violation of this Ordinance. The notice
may state in part that a violation of the Ordinance has occurred, and that, if
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the violation is not abated within ten (10) days of the date of the notice, a
complaint will be filed in the Town Municipal Court, and that, if future
violations occur, notice of the violation will not be given prior to a complaint
being filed in the Town's Municipal Court or other legal action being taken to
abate the violation.
Section 8. Any person, firm, corporation or association who shall fail to
comply with the notice as set forth in the preceding sections shall be subject to
a fine, upon conviction in the municipal court, of not more than One Thousand
Dollars ($1,000.00), and each and every day that the premises shall remain in a
condition in violation of the terms of this Ordinance shall constitute a separate
offense. This section shall be in addition to and cumulative of the provisions for
the abatement of the said nuisance and charging the cost of same against the
owner of the premises by the Town.
Section 9. That the weed abatement regulations as herein established
have been made for the purpose of promoting the health, safety, morals and the
general welfare of the community.
Section 10. That this Ordinance shall be cumulative of all other
Ordinances of the Town affecting health and sanitation and shall not repeal any
of the provisions of said Ordinances, except that Ordinance No. 85-17 of the
Town, enacted June 24, 1985, is hereby repealed, and except in those instances
where provisions of those Ordinances are in direct conflict with the provisions
of this Ordinance.
Section 11. If any section, article, paragraph, sentence, clause, phrase or
word in this Ordinance, or application thereof to any person or circumstance, is
held invalid or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining parts of the Ordinance, and
the Town Council hereby declares it would have passed such remaining parts of
the Ordinance despite such invalidity, which remaining portions shall remain in
full force and effect.
Section 12. That this Ordinance shall take effect from and after its date
of passage and publication as provided by law.
PASSED AND APPROVED by the Town Council of the Town of Trophy
Club, Texas on the 23 day of February , 1987.
(4,
Mayor, Town of T ophy Club, Texas
ATTT:
Town r Y� P Y etar `Town o Club, Texas
[SEAL]
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APPROVED AS TO FORM:
P,
own Attorney, Town of Trophy Club, Texas