HomeMy WebLinkAboutORD 99-47 - Tall Grass & WeedsAN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS REPLACING SECTION 8.20.095 OF THE CODE
OF ORDINANCES OF THE CITY OF GEORGETOWN, TEXAS AND
ADDING SECTION 8.20.105 RELATING TO WEED ABATEMENTS;
MAKING VARIOUS PROVISIONS AND FINDINGS RELATED THERETO;
PROVIDING FOR SEVERABILITY; REPEALING CONFLICTING
ORDINANCES AND RESOLUTIONS; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City Council recognizes the need for timely abatement of nuisance code
violations; and
WHEREAS, the City Council acknowledges the need for provisions for repeat offenders of
the nuisance code; and
WHEREAS, the City Council recognizes the need for provisions allowing the City to
summarily abate weeds greater than 48 inches in height and create a health, life, or safety hazard;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct, and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim. The City Council hereby finds that this ordinance
implements the Historic Preservation and Urban Design policy 2 of the Century Plan - Policy Plan
Element, which states: "THE CITY WILL UTILIZE AN URBAN DESIGN PROGRAM TO:
IMPROVE THE OVERALL APPEARANCE OF THE CITY; DEVELOP A POSITIVE IMAGE
THAT IDENTIFIES GEORGETOWN; AND ENHANCE THE ATTRACTIVENESS OF THE
CITY FROM AN ENVIRONMENTAL, AESTHETIC, AND ECONOMIC PERSPECTIVE", and
further finds that the enactment of this ordinance is not inconsistent or in conflict with any other
Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan.
SECTION 2. Section 820.095 of the Code of Ordinances of the City of Georgetown, Texas
is hereby replaced and Section 8.20.105 is hereby added to read as contained in Exhibit "A",
attached hereto and incorporated here in for all purposes.
SECTION 3. All ordinances and resolutions, or parts of ordinances and resolutions, in
conflict with this Ordinance are hereby repealed, and are no longer of any force and effect.
SECTION 4. If any provision of this ordinance or application thereof to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
application thereof, of this ordinance which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
SECTION 5. The Mayor is hereby authorized to sign this ordinance and the City Secretary
to attest. This ordinance shall become effective and be in full force and effect in (10) ten days on
and after publication in accordance with the provisions of the Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the , day of �'_', 1999.
PASSED AND APPROVED on Second Reading on the day of la.4 1999.
ATTEST:
Sandra Lee
City Secretary
APPROVED AS TO FORM:
Assistant City
THE CITY OF GEORGETOWN:
By: MARYELLEN 1<
Mayor
EXHIBIT "A"
8.20.095 Abatement by City Forces.
(a) Notice of Violation. In the event that any person, owning, claiming, occupying or having
supervision or control of any real property permits any condition to exist thereon in violation
of this chapter, the City may notify such person of his failure to comply and direct him to
correct, remedy, or remove such condition within seven days after such notice is received.
Such notice shall be sent to the owner by hand delivery or sent to the owner at the owner's
address as recorded in the Williamson County Appraisal District records. If personal service
cannot be obtained, notice may be given by publication at least once in a newspaper of
general circulation within the City, by posting the notice on or near the front door of each
building on the property to which the violation relates, or by posting notice on a placard
attached to a stake driven into the ground to which the violation relates, if the property
contains no buildings. If the United States Postal Service returns the notice as "refused" or
"unclaimed", the validity of the notice is not affected, and the notice is considered as
delivered.
(b) Abatement by City Forces. If any person of a notified violation of this chapter fails or
refuses to comply with the requirements of the Fire Marshal, Code Enforcement Officer, or
other City official, as specified in such notice within seven days after notification in
accordance with this chapter, the City may enter upon the property and perform such work or
make such improvements as are necessary to abate the nuisance, or cause the same to be
done, and charge the expenses incurred in doing such work or having such work done or
improvement made to the owner of such property. All expenses incurred by the City in
performing such work, including and legal and administrative expenses, shall be charged to
the owner of the property.
(c) In a notice provided under this section, the City may inform the owner by regular or certified
mail and a posting on the property that if the owner commits another violation of the same
kind or nature that poses a danger to the ,public health and safety on or before the first
anniversary of the date of the notice, the City without further notice may correct the violation
at the owner's expenses and assess the expense against the property. If a violation covered
by a notice under this subsection occurs within the one-year period, and the City has not been
informed in writing by the owner of an ownership change, then the City may take any action
permitted by subsection (b) and assess its expenses as provided by §8.20.110.
8.20.105 Additional Authority to Abate Dangerous Weeds
(a) The City may abate, without notice, weeds that:
(1) Have grown higher than 48 inches; and
(2) Are an immediate danger to the health, life, or safety of any person.
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Weed Abatement Ordinance Revision
(b) Not later than the tenth (10`x') day after the date the City abates weeds under this section, the
Fire Marshal, his designee, or other City official shall give notice to the property owner in the
manner consistent with §8.20.095(a).
(c) The notice shall contain:
(1) An identification, which is not required to be a legal description, of the property;
(2) A description of the violations of the ordinance that occurred on the property;
(3) A statement that the City abated the weeds; and
(4) An explanation of the property owner's right to request an administrative hearing
regarding the abatement of the weeds.
(d) The Fire Chief shall conduct an administrative Bearing on the abatement of weeds under this
section if, not later than the thirtieth (30`x') day after the date of the abatement of the weeds,
the property owner files with the Fire Marshal a written request for a hearing.
(e) The administrative hearing conducted under this section before the Fire Chief shall be
conducted not later than the twentieth (20`") day after the date a request for a hearing is filed.
The owner may testify or present any witnesses or written information relating to the City's
abatement of the weeds. The Fire Marshal or his designee may present evidence on the
condition of the property.
(d) After the hearing conducted in accordance with this section, the Fire Chief may uphold,
modify, or overturn the actions of the Fire Marshal or his designee.
(f) The City may assess expenses and create liens under this section as it assesses expenses and
creates liens under §8.20.110.
(g) The authority granted by this section is in addition to any other remedy provided in this
chapter or by state law.
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Weed Abatement Ordinance Revision