Ord 314 10/9/1920 no date used Ord 312 date s
ORDINANCE NO. 314.
REGULATING AND CONTROLLING THE GROWING OF WEEDS ON PREMISES IN
THE CITY OF WICHITA FALLS, DECLARING THE S.)�ME TO BE A NUISANCE
AND PRESCRIBING THE METHOD FOR THE A BATED NT OF SAME, AND PRO-
VIDING FOR COSTS TO BE IMPOSED AGAINST THE OWNER OF TIE' SAID
PREMISES, PRESCRIBING A PENALTY, AND DECLARING AN EMERGENCY.
WHEREAS, it is deemed by the Board of Aldermen of tx.e City of
Wichita Falls to be dangerous to the public health as well as
hazardous to the inhabitants and their property by reason of the
communication of fire on any premises owned or occupied by any
person within the City of Wichita Falls, to be permitted to grow
thereon weeds in rank condition so as to create the said danger
to the public health and increase the fire hazard of the City.
THEREFORE, it is deemed advisable by the Board of Aldermen of the
City of Wichita Falls, to pass the following regulations contro-
lling the same :
NOW THEREFORE BE IT ORDAINED by the Board of Aldermen of the City
of Wichita Falls :
SECTION 1.
That hereafter it shall be unlawful for any person owner or agent
of any premises occupied or unoccupied, to suffer or permit weeds
to grow upon any premises between the first day of June and the
first day of Oc ober of each and every year to a greater height
than twelve (12 inches on an average, or to grow in rank profu-
sion thereon and any such premises upon which any weeds are suf-
fered or p6 bmitted to grow above the said height, in rank profus-
ion, shall be deemed a nuisance, as dangerous to the public health,
and calculated to increase the fire hazards of the City.
SECTION 2.
That it shall be the duty of any owner or occupant of any prem-
ises to remove or cause to be out all such weeds as often as may
be necessary to comply with Section 1 hereof, provided that this
removing and cutti .g of weeds at least once in every three weeks
during the period hereinabove stated shall be deemed to be a
compliance with this ordinance , and to use every precaution to
prevent the same growing on such premises so as to become a nui-
sance as herein defined.
SECTION 3.
That the terms and conditions of this ordinance shall be enfor-
ced by the health officer and sanitary department of the City of
Wichita Falls, and in case it should appear that the owner of any
premises cannot be found, or is a non-resident, or for any reason
cannot be required by the process of the Corporation Court to
remove or cut any weeds growing in violation of this ordinance
then it shall be the dutV of the said health officer and sanitary
department to cause the said weeds and nuisance to be abated at
the expense of the City and the cost of same shall be carrf illy
compiled and charged against the owner of such premises; that
the said chatge shall be certified by the said health officer and
sanitary department to the Board of Aldermen, and the said Board
of Aldermen shall thereupon issue either a personal notice or a
notice to be published in the official newspaper of the City
Of Wichita Falls, notifying the owner of the said premises to
appear before the said Board of Aldermen at a hearing on a day
to be fixed by the Board which day shall be at least ten, days
before the date of the said hearing is had, and to show cause
why the said charge or costs so certified by the health officer
and sanitary department should not be imposed against the said
owner and his premises and a special assessment should not be
levied for and in the amount of said charge against the said
owner and his premises, and if it appears to the Board upon the
said hearing that the said charge so imposed is a reasonable
charge and covers merely the actual cost and expense required to
abate the said nuisance then the Board of Aldermen shall there-
upon levy a special assessment against the said lot, tract or
parcel of land owned by the said owner upon which the said nui-
sance existed and was abated, and the same shall constitute a
lien against the said premises, and a personal char#e against the
said owner, and the same shall be collected by the tax collector
as other taxes are collected under the City Charter that upon
the said hearing all persons interested in the said property s.La ll
have an opportunity to be heard concerning the xamount of the
said cost as well as all matters relating to the advantages or
benefits growing out of the same ; said owner may be represented
in person, or by attorney or agent.
SECTION 4.
That any person or any owner or occupant or agent or agents of
any owner or occupant violating any of the terms of this ordi-
nance shall be subject to a fine upon conviction in the Corpor-
ation Court in any sum not to exceed two hundred ( 200.00) Dol-
lars, and each and every day that the said premises shall remain
in a condition in violation of the terms of this ordinance shall
constitute a distinct offense , and upon the trial of any person
brought before the Court, the Court is authorized to fix a time
within which any such person may be allowed to abate the said
nuisance, if in the Judgment of the Court, such action is deemed
advisable ; that the section herein providing for penalty shall
be in addition to and cumulative of the provision providing for
tKe abatement of the said nuisance and charging the cost of same
against the said owner of the premises by the City and at the cost
of the said owner.
SECTION 5.
That all ordinances or parts of ordinances in conflict with this
ordinance are hereby expre ss3jr repealed.
SECTION 6.
WHEREAS, on account of the existence of rank weeds and other
noxious growths, permitted to grow upon premises in the City
of Wichita Falls, greatly endangers the public health and adds
to the fire hazards of the City, creates an emergency for the
immediate preservation of the public health, peace and safety
that this ordinance be declared an emergency measure, and that
the charter provisions requiring ordinances to be read upon three
separated days, be and the same is hereby suspended, and that this
ordinance shall become effeeUive immediately, and it is according-
ly so ordained that this ordinance be and the same is in effect
and after its passag e, as in such cases made and provided..
Passed on this the 16th day of Sept. 1920.
Approved on this the 16th day of September, 1920.
ATTEST: Geo. W, Thorburn, Ws D. Cline,
City Clerk. Mayor.
Approved as to form: E. M. Mann,
City Attorney.
v v
-N-A-Y-C
gulatin" and co)trollin^ the cro"U1xig of weeds on premises
in the ,'it-T of ichita Falls., declarj.-ng the s -me to be. a nuisance,
and pre scribilx,cp th_�e meti-iod for the abatement of r i7-
10r costs to be iii.iT)oqed agai-Ist the o,,-,ner of the s -id premises, _011e_
scribi-igg a penalty, and declarL-)g an erier -encv.
7'oard of of the -it7T Of
is de--.,med by the
' 'iclkiita -Dalls to dap serous to t1ne )-ablic beg as well as irl';k.Zar-
dour to the inhabitants and t1leir property, by reason of the coyn_,unica-
tion of fire on any premises or occupied by an person n 7 i V-)i n
y
the i t y of ichita
Isp to be -oen.,iitted to !7ro,,,,T thereon weeds in
rank condition so as to create the s�-lid. dan,-,er to the public health nn.d
in,crease the fire hazard of the -ity:
,L:1
Oi
it is deer.-ipd advisable •)v the Boa-c-a of
of `Jie -it7!;- of -.1:ichita Falls, +0 pass the rermla-
tions controll-`!_n- the same :
JF� B1., IT 017T)AIIi
U TO iFO F. l- !-
X by the Board of ldemen of the
-Jity of 'ic';,-I-* ta Fo.!Is :
01-1
That .e- afDr it sal,- e Unl^171N,.1 If or a-ny person OVI-inell,
or a--ort of -my prer,iiFos Oc 11-Plerf, or ImoccurAed
.4 to suffer or rei-TKit
t d�,.v of June anal the1-Te o,d s t M)on any -oremi--c-, bet-.! _,,-,
n the first
first day of October of each and every ve,,jrP to a rcpter heirrht Vhem
twelve (12 ) inches on an avera, e a profusion hereon,
. Or to '�,Tow in rrk
and `t Y1117 such 1)rerr.ises upon_ a-ry ve ds s.re su-.-Tered Or permitted
to -;row above tire s.,,i,.,- hei>-,Ljt n be deeded a
nuisance, as dnn- crous to the health, `_`-rid c,"Ic""3ted- to increase
the fi e haz,,.-i.rr1s of Mie ..ity.
2.
ghat i1;
e 4.
s"n"ll dut-T o-, any mkv.,�ier or occ- q it
ses to -reyiove. or c q s e t r,, t aL Ch e
_0
1 ,
be nece,.,sary to COY1,1T) 1_Y VT t'rl i e c t i o n 1 hereofs provided that this re
Miami
moving and cutting of wants at least once in every three wenks
during the neriod heyeinabove HOW shall he de aped to be a com-
Winrce with this ordinance, and to use evey precauticn to prevent
the s-re growirg on such pro-ises so as to become a nuis9nce PS
h era ildefined.
'3
TAnt the terms ard conditions of this ordinance shall be
enforced by the hevith officer and sanitary de-nart--.ient O:_� ';-he
of ichita 2alls, and in case it should annaar that the owner of
any premises cannot be found, or is a non-resident, or for any rea-
son cannot be roquIPM ,.fir UP Pvu=v Of the "W"vatiOn Court to
remove or out any weeas growing in vinlation of this ordinance,
then it shill be the duty of the said health officer arcs_ sari aq,
devartment to cause the s9id. weeds qnd nuisance to be abated at the
axnense of the �itj nrd the cost of same shall be carefully corrile',_�
and charged. a�-' Is 'ilae, owner of any soch prenises ; that the spid
charne Wil le certified by the saif WPM nftider aM sarltnry
department to Me Board of Aldermen, and the sRid Bo9rd of Uderner
Shall therpiroon issue either a p5rsrrQ notice, or a notice to be
o hoff 'fie o te o Ts
e M ,
no tit FH7 tM owner of the spid premises to appear before the spi-d-
GoaM of Aldermen at a he-ripq on a Gay to be fixed by the BoaW,
i d a b t ea e s fie. 2-.Ie -!
SYi al nd7 ,te s -�
nearing is had,and to show canny "Ay the s, id. char7e or costs so
certified by the health officer ani sanitary devartvert shor!& not
be imposed aZainst the void owner and his premises, and a special
assessnent shr id not be levied for and in the amount of snid. charqe
a-ainst the srM o 'ner and '_pis rrenises, end if it anne-rs to the
7oard upon the sqif heqrjrE tARt the said nharEe so imposed is a
reasorable charqe and CoVers merely the actual cost and exDansc.
reouircd to abate the spid nui3aAce, then of' 1 n
shRII thereupon levy a special qssesswert anairst the salt lot,
troct or rprcal of 1W owned by the sqid nDnqr, noon which the