Loading...
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;