ORD CC 07/14/73 - Ch 15 Soil RemovalAN ORDINANCE AMENDING CHAPTER FIFTEEN, ARTICLE I, STREETS AND
SIDEWALKS ORDINANCE OF THE CITY OF HUNTSVILLE, TEXAS, BY ADDING
EIGHT NEW SECTIONS TO BE NUMBERED SECTION 15,9, NUISANCE;
SECTION 15.10, REMOVAL OF SOIL; SECTION 15.11, NOTICE AND HEARING;
SECTION 151.12, ORDER OR REMOVAL; SECTION 15.13, REMOVAL BY CITY;
SECTION 15.13A, STATEMENT OF EXPENSES INCURRED IN REMOVING
SOIL TO BE FILED; LIEN UPON REALTY; PRIORITY OF LIEN AND INTEREST;
FORECLOSURE OF LIEN; SECTION 15.13B, PENALTY; AND SECTION 15.13C,
SAVINGS CLAUSE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE,
TEXAS, THAT CHAPTER 15, ARTICLE I, OF THE CODE OF ORDINANCES
OF THE CITY OF HUNTSVILLE, BE AMENDED BY ADDING EIGHT NEW SECTIONS
TO BE NUMBERED 15.9, 15.10, 15.11, 15.12, 15.13, 15.13A, 15.13B,
15.13C SO THAT SAID SECTIONS SHALL READ AS FOLLOWS:
i
SECTION 15.9. NUISANCE.
Soil which washes from the abutting real estate and is deposite-
into and upon a paved street in the City of Huntsville. from the
result of rain or other means, is detrimental to the safety and
welfare of the general public, is a traffic hazard, impairs the
operation of and damages the storm sewers of the City of Hunts-
ville creating a health hazard, and such soil is therefore
declared to be a public nuisance.
SECTION 15.10. REMOVAL OF SOIL.
Every person, firm or corporation owning real estate fronting on
a paved street in the City of Huntsville, or the agent or agents
of such owner, shall within 12 hours after the fall of any rain
or any occurence which causes the soil from the abutting real
estate to be washed into and deposited upon such paved street,
remove and clear, or cause to be removed and cleared, said soil
from such paved street so as to leave it free and clear of those
deposits.
Should the fall of rain or any other occurence occur between the
hours of 6 P. M. and 6 A. M., such owner or the agent or agents
of such owner, shall by 11:00 A; M. o'clock following the periods
specified above, remove and clear, or cause to be removed and
cleared, said soil from such paved street so as to leave it free
and clear of those deposits.
SECTION 15.11. NOTICE AND HEARING.
Should any person, firm or corporation fail to comply with Section
15.10 herein, then the City may order said soil to be removed and
abated under the following conditions, regulations, and procedure:
a. When it shall come to the notice of the Chief of Police
that there is soil which has washed into and been deposited
upon a paved street in the City of Huntsville as the result of
rain or other means which has not been removed as provided
in Section 15.10 herein, the Chief of Police shall give notice to
the owner of the premises from whose premises the soil has washed,
to appear before the Municipal Court and show cause why such soil
should not be declared a public nuisance and why he should not be
ordered to remove same from the paved street. The date of such
hearing shall not be less than 3 days after such notice has
been made.
b. Such notice shall be sent by certified or registered
mail with a (3) day return requested, to the owner or occupant
of the premises from which the soil washed. If the notice is
returned undelivered by the United States Post Office, the hearing
shall be continued to a date not less than 7 days from the
date of such return.
c. On the day set in such notice for hearing, hearing shall
be had and on the basis of such hearing the Court shall determine
whether or not such soil is a nuisance, and if so found to be a
nuisance, the Judge of the Municipal Court shall issue such
orders as shall appear reasonably necessary for the removal and
abatement of such soil.
SECTION 15.12. ORDER FOR REMOVAL.
If upon the hearing provided herein, there is an order to remove
such soil, the removal shall be accomplished by the owner of
said premises.
SECTION 15.13. REMOVAL BY CITY.
If any owner of real property from whose premises the said soil
washed into and deposited upon the paved street in the City of
Huntsville, fails to remove said soil within 24 hours after being
ordered to do so, the City shall remove said soil, and the costs
of removing same shall be assessed on said real estate, or lots
from which such soil was washed.
SECTION 15.13A. STATEMENT OF EXPENSES INCURRED FOR REMOVAL OF
SOIL TO BE FILED; LIEN UPON REALTY; PRIORITY OF LIEN AND INTEREST;
FORECLOSURE OF LIEN.
The Mayor or Superintendent of Street Maintenance shall
file a statement of such expenses incurred under Section 15.13 of
this Article giving the amount of such expenses, the nature of the
work done, and the date on which said work was done, with the
County Clerk of Walker County, Texas, and the City of Huntsville,
shall have a privileged lien on such lot or lots or real estate
from which the soil was washed into and deposited upon the public
street, which said lien shall be second only to tax liens and
liens for street improvements; and said amount shall have ten (10 %'
per cent interest from the date said statement was filed. It is
further provided that for any such expenditures and interest, as
aforesaid suit may be instituted and recovery and foreclosure of
said lien may be had in the name of the City of Huntsville, Texas;
and the statement of expenses so made, as aforesaid, or a certified
copy thereof, shall be prima facie proof of the amount expended
for such work or improvements.
SECTION 15.13B. PENALTIES
Any person, firm or corporation who shall violate any
of the provisions of this ordinance, or who shall fail to comply
with same shall be guilty of a misdemeanor and upon convictions
thereof shall be punished by fine not exceeding $200.00. Each
and every day or fraction thereof which this ordinance or any
part thereof shall be violated, shall be deemed a separate offense.
SECTION 15.13C. SAVINGS
That if any Section, part or provision of this ordinance
is declared unconstitutional or invalid, then, in that event, it
is expressly provided, and it is the intention of the City Council
in passing this ordinance, that all other parts of this ordinance
shall not be affected thereby, and shall remain in full force and
effect.
PASSED ON FIRST READING this 10th day of July, 1973.
PASSED ON SECOND READING this ,q'�' day of � 5 9 7 3 .
htiL /
MORRIS I. WALLER, Mayor
ATTEST: Ainti y�
FRANK ROBINSON, JR., City S etary
OVED:
MARTIN D. COLLEY, City Attorney;