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HomeMy WebLinkAboutORD 10.08.1906 - Dangerous BuildingsAN oRDrnuq PROVrDING FOR THe MANNRR AND MODS! OF CONDW4 ING UNSAn OR DANGBROUS BUILDINGS ANND STRUCTURF3 IN Tn CITY QF GBORGBTOWN, TEXAS, AND FIXING A Ln1W UPON THB PROPERTY FOR THE' COSTS OF REMOVAL WHRRR RFMOVVD BY.THL CITY, AND.PROVIDING FOR THE COLLECTION OF SUCH COSTS, AND ASSESSING PENALTIES FOR VIOIA TION OF THIS ORDIffK%CB. B8 IT ORDAINED by the City Council of the City of George- townT Texas, thats Section 1. Every building, fence shed awning or other structure that may from age$ neglect, faulty construction or material, or from any other cause become or is so weakened or insecure as to be liable to fall down and endanger persons or property is a nuisance. Section 2. When the Mayor, or any two aldermen# is informed and believes that such a nuisance exists in the corporate limits of the City of Georgetown, Texas, he# or they, shall cause the City Secretary to notify in writing the owner of such nuisance, or, in the absence of such owner from the City# his agent or tenant, If there be one, to appear before the City Council at a desig- nated session thereof to show cause, if any he has, why such nuisance should not be abated, and such owner or agent, if he appears at the time designated, shall be heard. If the owner of such building or other structure is not in the City, and has no duly authorized known agent in said City upon whom service may be had, notice shall be served on said owner by publishing in the official newspaper a notice to appear before the Council at a session in said notice designated, which notice shall be published not lees than eight days before the session designated, and show cause, if any there be, why such nuisance should not be abated, and should said owner appear he shall be heard. If such owner should not appear, the;t in that event, the City shall proceed as hereinafter provided for, the same as though personal service had been had. If the owner or agent is in the City then such notice shall be served upon him in person by the City Marshall. If such owner or agent is out of the CtY and his Postoffice ad- dress is knowng then in addition to the published notice here- inbefore provided for the Secretary shall mail a copy of such notice to such party. 13� Section 3. If, at the meeting designated or at any sub- sequent one to which the matter may be postponed, the City Council shall be of the opinion that said building, fence, shed, awning or any structure of any kind or any part thereof is liable to fall down and endanger pebsons or property„ the City Council shall order the owner or agent of the same, or any occupant of the premises on which such building, fence, shed awning, or other structure stands, or to which it is attached, to take down and remove the same or any pa rt thereof within Sen days after notice is served on him by the Marshall to remove the same as directed by the City Council, then the said City Council. In the event the said owner, *gent or occupant shall fail or refuse to remove the same after notice as directed by the City Council, then the said City Council shall have the power to remove the name at the expense of the City on account of the owner of the property or premises„ and assess the expense on the land on which it stood or to which it was attacked, and the. material contained therin, and the same shall be a lien on such property. Section 4. The mode and manner of giving notice to the owner, agent or occupant of said property, or any other agent or occupant of the premises on which such buil ding, fence, shed, awning or other structure stands& or to which it is attached, to take down and remove the same or any part thereof, shall be by entering an order of the said City Council on its minutes directing the Marshall to serve a certified copy of said order, retaining a copy, requiring said person or persons to remove said building, fence, shed, awning or other structure within Ten days from the time of the service of said notice. Should such owner or agent be in this City then such notice shall be served accordingly. Should such owner not be in the City and have no known agent in this City on whom the notice required by this section may be served, then such notice shall be given by publishing such notice for two successive weeks in the official newspaper, and such owner shall have ten days after the last publication in which to remove such nuisance, and if the postoffiee address is known of such non-resident owner the Secretary shall also mail him a copy of such order. Section 5. In the event said owner, agent or occupant of the premises on which said building, fence, shiedg awning or other structure stands, or to rkieh it is attached, shall fail or refuse to take down and remove the same, or any part thereof, after due notice served on him as above provided, the City Council shall at the expense of the pity have such building, fence, shed, arming or other structure took down and removed, and at its first regular meeting after such re» moval or as soon thereafter as possible, shall proceed to Xy assess the expenses of taking down and removing such building, fences shed# awning or other structure so taken down by them, after giving notice as herein provided for to said owner, agent or occupant of said premises, to appear before the Council at a designated meeting and contest the assessment of said expenses, which expenses shall be collected by the Mayor for the City. Section 6. In the event said ownerp agent or occupant of said premises shall fail or refuse for a period of Thirty days to pay off and discharge said expenses assessed by the City Couneilp then the said City may commence an action in any Court having jurisdiction of the same to recover the expenses so assessed by said City Council. Section 7. By " occupant " as used in this ordinance is meant any person in the actual control of said nuisance or any part of it. Section 8. The following costs shall also be assessed against such owner, to be taxed as cost* in such suit! to -wits The coat of publishing the notices provided for in this ordin. &nos; SO cents to the Secretary for each notice issued and a Five Dollar attorney fee to the City Attorney for representing the city in such suit. _ Section 9. In the event said owner, agent or occupant of any such building, fence, shed, awning or other structure shall fail or refuse to comply with the order of said City Council after notice served on him as provided in Section 40 the said owner# agent or occupant shall be deemed guilty of a misdemea- or, and upon conviction shall be punished by fine of not less than Five nor more than Two Hundred Dollars, and each and every day that said building, fence, shed$ awning or other structure shall be allowed to stand and remain after the time specified in said notice for the removal of same shall be deemed a separate offence. Section 10. All ordinances and parts of ordinances is conflict herewith ars hereby repealed, Section 11. This ordinance shall take effect from and after its legal publication. PASSED AND APPROVPID this 8th, day of October A.D. 1906. R.3, Ward Mayor, ATTBSTs Goo, _Ke ,whey, Secretary* M