Ord 1904 4/25/1960ORDINANCE NO.
AN ORDINANCE DECLARING THE EXISTENCE OF WEEDS, RUBBISH AND
ANY AND ALL OTHER OBJECTIONABLE, UNSIGHTLY OR UNSANITARY MATTER
OF WHATEVER NATURE UPON ANY LOT OR PARCEL OF REAL ESTATE IN THE
CITY OF WICHITA FALLS A NUISANCE; PROVIDING FOR NOTICE TO OWNERS
OF SUCH PROPERTY THAT IF SAID OWNERS REFUSE TO ABATE SUCH NUISANCE
WITHIN TEN (10) DAYS AFTER DATE OF NOTICE THAT THE CITY OF WICHITA
FALLS SHALL ABATE SUCH NUISANCE AND SHALL LEVY THE REASONANBLE
COST OF SUCH WORK AGAINST SAID OWNERS; AND FINALLY PROVIDING THAT
SAID LEVY TO BECOME A LIEN ON SAID PROPERTY SUPERIOR TO ALL OTHERS
EXCEPT TAX LIENS AND LIENS FOR ST T IMPROVEMENTS, SAID LIEN BEAR-
ING INTEREST AT THE RATE OF TEN(( 0J) PER ANNUM; AND REPEALING
ORDINANCE NOS. 409 AND 311.E AND ANY AND ALL OTHER ORDINANCES IN CON-
FLICT HEREWITH.
BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF WICHITA
FALLS, TEXAS:
SECTION I
DEFINITIONS. The words "lot or parcel of real estate ", as
herein used, 11 be held to include, in addition to those grounds
within their respective boundaries all lots or parcels of ground
lying and being, adjacent thereto and extending beyond the property
line of any such lot or parcel of real estate to the curb line of
adjacent streets where a curb line has been established and four-
teen (111) feet beyond the property line where no curb line has
been established and also to the center of Id.4acent alleys.
The word "weeds ", as herein 'used, shall include all rank and
uncultivated vegetable growth or matter which has grown to more
than nine inches in height, or which, regardless of height, is
liable to become an 'unwholesome or a decaying mass or breedin3
place for mosquitoes or vermin.
The word "brush ", as herein used, shall include all trees or
shrubery under seven (71) feet in height which are not cultivated
or cared for by persons owning or controlling the premises.
The work "rubbish" shall include all refuse, tin cans, old
vessels of all sorts, useless articles, discarded clothing and
textiles of all sorts, and in general all litter and other things
usually included within the meaning of the term.
The words "any and all other objectionable, unsightly or un-
sanitary matter of whatever nature" shall include all uncultivated
vegetable growth, objects and matter not includ�_,c within the mean-
ing of the other terms, as herein used, or an'T other matter or
thing which is liable to produce or tend to produce an unhealthy,
unwholesome or unsanitary condition.
SECTION II
Whenever and wherever weeds, rubbish or any other objection-
able, unsightly and unsanitary matter of whatever nature shall
exist, covering or partly covering the surface of any lot or par-
cel of real estate within the city or from any other cause shall
be in such condition as to be liable to cause disease or produce,
harbor or spread disease germs of any nature, or tend to render
the surrounding atmosphere unhealthy, unwholesome or obnoxious,
such condition is hereby declared to constitute a public nuisance,
the prompt abatement of which shall be a public necessity.
SECTION III
Whenever the existence of any such nuisance, as herein defined,
on any lot or parcel of real estate situated in the city shall come
to the knowledge of the city health officer or his assistants, it
shall be his duty and he shall cause a written n_-tice identifying
such property to be issuou forthwith to thQ person owning or having
-1 -
possession or control of same requiring the abatement of such nui-
sance by grubbing and removing such weeds, brush, rubbish or other
objectionable, unsightly or unsanitary matter of whatever nature,
as the case may be. Such notice shall also state that in default
of abatement by him the city may within ten (10) days from the date
of said notice cause the same to be done and pay therefor, and
charge the cost and expense incurred in having such work done or
improvements made to the owner of such property and fix a lien on
such property therefor as hereinafter provided.
SECTION IV
The notice, as required above, shall be in writing and either
served personally or sent by letter addressed to the owner of said
lot or parcel of real estate at his post office address or by pub-
lication in a newspaper of general circulation in the City of Wic-
hita Falls two (2) times within ten (10) consecutive days, if per-
sonal service may not be had, as aforesaid, or if the owner's add-
ress be unknown.
SECTION V
In the event the owner shall fail or refuse to abate said nui-
sance within the time required in Section III, the City may cause
said nuisance to be abated and when the same is done the City Health
Officer shall compile the cost of such work done or improvements
made in abating such nuisance and shall charge such costs against
the owner of such premises. A certified copy of such costs shall
also be filed with the County Clerk of Wichita County, Texas, and
when the same is so filed the city shall have a privileged lien
upon such lot or parcel of real estate, second only to tax liens
and liens for street improvements, to secure the expenditures so
made, and ten (10%) per cent interest on the amount from the date
of such payment, after the fixing of any such lien, as aforesaid,
and for any such expenditures, and interest, as hereinbefore set
out, suit may be instituted and recovery and foreclosure had in
the name of the City in any court of competent jurisdiction, and
in any such suit or action, the statement of charges so made, as
aforesaid, or a certified copy thereof, shall be prima facie proof
of the amount expended in any such work or improvements.
SECTION VI
The enumerations of the nuisances and the remedy for abating
the same, as set out in this ordinance, shall not be exclusive,
but cumulative.
SECTION VII
Ordinance 409 and 314 and all other ordinances in conflict here-
with are hereby expressly repealed.
-1�
PASSED and APPROVED This <= day pf April, A,,r D. 1960.
(SEAL)
enne�t�i��i� r�son, ayor
EST: �
GeF T. Renderson, City Clerk.
PREPARED BY Frank Gibson, City Attorney
-2-