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O-71-217 - 9/16/1971ORDINANCE NO 217 AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PROMOTE THE PUBLIC WELFARE OF THE CITY CF ROUND ROCK, TEXAS, BY PROVIDING FOR THE FILLING UP AND DRAINAGE OF LOTS THAT SHALT HAVE UN- WHOLESOME PLACE OR PLACES WHERE STAGNANT WATER MAY ACCUMULATE THEREON; THE CLEANING OF ANY BUILDING OR PREMISES OF FILTH, CARRION OR OTHER IMPURE AND UNWHOLESOME MATTER; RE- -QUIRING OWNERS OR OCCUPANTS OF LOTS IN THE CITY OF ROUND ROCK TO KEEP SAID LOTS FREE FROM WEEDS, RUBBISH, BRUSH AND OTHER UNSIGHTLY OR INSANITARY MATTER; PROVIDING FOR NOTICE TO SE GIVEN TO OWNERS OR PREMISES IN CASE OF FAILURE OF OWNER TO MAKE LOTS AND/OR PREMISES SANITARY AND SIGHTLY THAT THE SAME MAY BE DONE AT THE EXPENSE OF THE CITY OF ROUND ROCK; PROVIDING FOR THE FIXING OF A LIEN AGAINST SUCH LOTS FOR SUCH IMPROVEMENT; AND DECLARING AN EMERGENCY. WHEREAS, it is deemed by the City Council of the City of Round Rock, Texas, that it is dangerous to the public health for lots in the City of Round Rock 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, rubbish, and other unsightly and insanitary matter on lots in. the City of Round Rock; and WHEREAS, it is expressly provided by the provisions of Article 4436, Revised Civil Statutes of Texas, that cities shall have the power to correct the evils hereinbefore recited. 1\0'1, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ROUND ROCK, TEXAS: SECTION 1. That it shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Round Rock, Texas, to permit or allow holes or places on said lots where water may accumulate and become stagnant, or to permit same to remain. SECTION 2. It shall be unlawful for any person, firm or corpora- tion who shall own or occupy any lot or lots in the City of Round Rock, Texas to permit or allow the accumulation of stagnant water thereon, or to permit same to remain. SECTION 3. It shall be unlawful for any person, firm or corpora- tion who shall own or occupy any house, buildings, establishment, lot or yard in the City of Round Rock to permit or allow any carrion, filth or other inpure or unwholesome matter to accumulate or remain thereon. SECTION 4. It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Round Rock, Texas, to allow weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter to accumulate or grow on said lot or lots. SECTION 5, Whenever any owner of such lot or lots that have places thereon where stagnant water may accumulate and/or which are not properly drained, or the owner of any premises or building upon which carrion, filth or other impure or unwholesome. matter have been allowed to accumulate upon any premises of the City of Round Rock as prohibited by this ordinance the City Council shall hear evidence and determine whether or not such accumulation of water, rubbish and trash or the growth of weeds thereon, or all are sufficient to constitute a nuisance as herein defined, and if they so find, they shall pass a resolution declaring that the growth of weeds or accumulation of trash and rubbish or other impurities upon such premises, constitutes a public nuisance, and shall order same removed by the owner, occupant, lessee or person in charge of such premises, within 10 days from the date such notice is given. SECTION 6. Should any owner of any lot or lots within the City of Round Rock, Texas, who shall allow weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter to grow or accumulate thereon, fail and/or refuse to cut down and/or 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 14 days after notice by publication as many as two times within 14 consecutive days in any newspaper in Texas, may do such cutting downand/or removing such weeds, rubbish, brush or any other unsightly, objectionable or insanitary matter, or cause the same to be done and may pay therefore, and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate; and, if such work is done or improvements made at the expense of the City of Round Rock, Texas, then such expenses shall be assessed on the real estate, or lot or lots upon which such expense was incurred. SECTION 7. The Mayor or City Building Official of the City of Round Rock 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 Williamson County, Texas: and the City of Round Rock, Texas, shall have a privileged lien on such 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, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City of Round Rock, 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 improve- ments. SECTION 8. Any person, firm or individual who shall violate any of the Provisions of this ordinance shall be Runty of a misdemeanor, and upon conviction shall be fined in any sum not exceedinR fifty dollars (150), 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 manaRer, agent or employee of such corporation shall be also severally liable for the penalties herein provided. SECTIOIT 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. SECTION10. All other ordinances or parts or ordinances in conflict with this ordinance are hereby repealed. PASSED AND APPROVED THIS THE in:- day of A.D., 1 ATTEST: (UJ1,t 72,4i1t City,Secretary APPROVED: 9 layor