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ORD 1985-18�ql liq AA: TOWN OF TROPHY CLUB, TEXAS ORDINANCE NO. 4 85--18 AN ORDINANCE OF THE TOWN OF TROPHY CLUB, TEXAS, MAKING IT UNLAWFUL FOR ANY PERSON TO PERMIT WEEDS, GRASS, VEGETATION OR OTHER HAZARDOUS, UNSIGHTLY OR UNSANITARY MATTER TO GROW TO A HEIGHT IN EXCESS OF TWELVE (12) INCHES UPON ANY REAL PROPERTY; PROVIDING FOR THE REMOVAL IN CERTAIN INSTANCES; PROVIDING FOR REMOVAL BY THE TOWN AND THE FILING OF A STATEMENT OF EXPENSES; PROVIDING FOR THE FIXTURE OF A PRIVI- LEGED LIEN ON THE PROPERTY; PROVIDING VARIOUS NOTICES; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY 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 or association owning, leasing, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, in a developed lot in a legally approved subdivision where water and sewer service is available, within the corporate limits of the Town to permit grass, weeds, or brush to grow to a height greater than twelve (12) inches upon any such real property, or allow any objectionable or unsightly matter to remain upon said property. (b) 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 or easement but shall be kept mowed, the same as provided above. Section 2. It shall be the duty of any person, firm or corporation owning, claiming, occupying or having supervision or control of any real property, to cut and remove all such weeds, brush and other objectionable or unsightly matter as often as may be necessary to comply with this Ordinance. It shall be the duty of each person, firm, corporation or association to keep the area from the line of his property to the curb line next adjacent to it, if there be a curb line, and if not, then within ten (10) feet outside that property line, free and clear of weeds, brush and objectionable matter. Section 3. In the event that any person owning, claiming, occupying or having supervision or control of any real property occupied or unoccupied within the corporate limits of the Town failed 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 violating the terms of this Ordinance or by letter addressed to such person at his post office address or by publication two (2) times within ten (10) consecutive days in the Town's official newspaper. 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 by letter 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 4. 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 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 5. Any person, firm, corporation or association who shall fail to comply with the notice as set forth in the preceding4 sections shall be subject to a fine, upon conviction in the municipal court, of not more than two hundred dollars ($200.00), and each and every day that the premises shall remain in 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 6. 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 7. 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 in those instances where provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 8. 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 portions of the Ordinance, and the Town Council hereby declares it would have passed such remaining of the Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 9. The fact that the present health and sanitation Ordinances and regulations of the Town are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the Town creates an emergency for the immediate preservation of the public business, property, -2- health, safety and general welfare of the public which requires that this Ordinance shall become effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED on the 24 day of June , 1985. i / Mdyor, Town of Tr_o by Club, Texas A , Town of Trophy`,Club, Texas [SEAL] APPROVED AS TO FORM: Town Attorney, Town ofxrophy Club, Texas -3-