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ORD CC 07/02/63 - Drainage Fillings - Public SafetyFurnish as a Service of the Texas Municipal League .AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PRO- MOTE THE PUBLIC WELFARE OF THE CITY OF HUNTSVILLE, TEXAS, BY PROVIDING FOR THE FILLING UP AND DRAINAGE OF LOTS THAT SHALL HAVE UNWHOLESOME PLACE OR PLACES WHERE STAGNANT WATER MAY ACCUMULATE THEREON; THE CLEANING BF ANY BUILDING OR PREMISES OF FILTH, CARRION OR OTHER IMPURE AND UNWHOLESOME MATTER; REQUIRING OWNERS OR OCCUPANTS OF LOTS IN THE CITY OF HUNTSVILLE TO KEEP SAID LOTS FREE F EM WEEDS, RUBBISH, BRUSH AND OTHER UNSIGHTLY OR INSANITARY MATTER; PROVIDING FOR NOTICE TO BE GIVEN TO OWNERS OF PREMISES IN CASE OF FAILURE OF OWNER TO MAKE LOTS AND PREMISES SANI- TARY AND SLIGHTLY THAT THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF HUNTSVILLE; PROVIDING FOR THE FIXING OF .A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVE- MENT; AND DECLARING AN EMERGENCY: WHEREAS, it is deemed by the City Council of the City of Huntsville, Texas, that it is dangerous to the public health for lots In the City of Huntsville to have places thereon where stagnant water may accumulate and for filth, carrion or other Impure and unwholesome matter to accumulate on lots In said city and that It is dangerous to public health and constitutes a fire hazard to have weeds, brush, rubblsh, and other unaightty and insanitary matter on lots In the City of Huntsville; and WHEREAS, it is expressly provided by the provisions of Articte 4436, Revised Civil Statutes of Texas, that cities of a population of more than 5,000 people shall have the power to correct the evils hereinbefore recited and the City of Huntsville, Texas Is a city of more than 5,000 population: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS SECTION 1. That It shall be unlawful for any person, firm or corpora- tion who shall own or occupy any tot or lots in the City of Huntsville. Texas, to permit or allow holes or places on said lots where water may accumulate and be come stagnant. or to permit same to remdn. -2- SECTION 2. It shalt be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Huntsville, Texas, to permit or allow the accumulation of stagnant waterthereon, or to permit same to remain. SECTION 3. It shall be unlawful for any person, firm or corporation who shall own or occupy any house, buildings, establishment, lot or yard in the City of Huntsville to permit or allow any carrion, filth or other impure or unwhole- some matter to accumulate or remain thereon. SECTION 4. It shalt be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Huntsville, Texas, to allow weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter to accumu- late or grow on said lot or tots. SECTION 5. Should any owner of such tot or lots that have places thereon where stagnant water may accumulate and which are not properly drained, or the owner of any premises or building upon which carrion, filth or other Impure or unwholesome matter may be fall and refuse to drain and fill the said tot or tots, or remove such filth, carrion or other impure or unwholesome matter as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to such owner at his postoffice address or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in Huntsville, Texas, if personal service may not be had as aforesaid, or if the owner's address be not known; then in that event, the City of Huntsville, Texas, may do such filling or draining or removal of filth, carrion, etc„ or any other unsightly, objectionable or insanitary matter, or cause the same to be done and may pay therefor and charge the expenses incurred to doing such work or having such work done or improvements made to the owner of such lot or tots or real estate, and if such work is done or improvements made at the expense of the City of Huntsville, Texas, then such expense or expenses shall be assessed on the real estate, or tots upon which such expense was incurred, SECTION 6. Should any owner of any lot or lot■ within the City of Huntsville, Texas, who shall allow weeds, rubbish, brush or any other un- sightly, objectionable or insanity matter to grow or accumulate thereon, fall and refuse to cut down and remove such weeds, rubbish, brush or other unsightly, objectionable or insanitary matter, as the case may be, within ten days after notice to said owner to do so, in writing, or by letter addressed to such owner at his post office address, or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in Huntsville, Texas, may do such cutting down and removing such weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter, or cause the same to be done and may pay therefor, and charge the expenses incurred In doing such work or having such work done or improvements made t o the owner of such tot or lots or real estate; and, if such work is done or improvements made at the expense of the City of Huntsville, Texas, then such expense or expenses shall be assessed on the real estate, or lot or lots upon which such expense was incurred, SECTION 7, The Mayor or City Health Officer of the City of Huntsville shall file a statement of such expenses incurred under Section 5 or under Section 6 of this ordinance, as the case may be, giving the amount of such expenses, the date on which said work was done or improvements made, with the County Clerk of Walker County, Texas; and the City of Huntsville, Tezas, shall have a privileged ben on ouch Lot or lots or real estate upon which said work was done or improvements made to secure the expenditures so made, in accordance with the provisions of said Article 4436, Revised Civil Statutes of Texas, which said lien shall be second only to tax liens and liens for street Improvements; and said amount shall bear ten per cent Interest from the date said statement was filed, It is further provided that for any such expenditures, and interest, as • aforesaid, mutt may be instituted and recovery and foreclosure of said lien may -4- 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, shalt be prima facie proof of the amount expended for such work or improvements. SECTION 8. .Any person, firm or individual who shall violate any of the provtslons of this ordinance shall be guilty of a misdemeanor, and upon convic- tion shall be fined in any sum not exceeding Two Hundred Dollars i ;200), and each and every day's violation shall constitute a separate and distinct offense, in case the owner or occupant of any lot, lots or premises under the provisions of this ordinance shall be a corporation, and shall violate any provision of this ordinance, the president, vice- president, secretary, treasurer of such corporation, or any manager, agent or employee of such corporation shall be also severally liable for the penalties herein provided. SECTION 9. That if any part of this ordinance is, or should be held invalid for any reason, then that fact shall not invalidate the entire ordinance, but the balance thereof shall remain in full force and effect. SECTION 10. All other ordinances or parts of ordinances in conflict with this ordinance are hereby repealed. Liz 154. PASSED and approved t,.is the 2nd day of , A.D., 19:42-: ATTEST: a'+ 7 CITY SECRETARY r c7$ ,_r l MAYOR