O-78-559 - 9/14/1978ORDINANCE NO. i9
AN ORDINANCE TO PROTECT THE PUBLIC HEALTH AND PRO-
MOTE THE PUBLIC WELFARE OF THE CITY OF ROUND ROCK,
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 OF ANY BUILDING OR PREMISES OF FILTH, CAR-
RION OR OTHER IMPURE AND UNWHOLESOME MATTER; REQUIRING
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 BE GIVEN TO OWNERS OF PREMISES IN CASE OF
FAILURE OF OWNER TO MAKE LOTS AND/OR PREMISES SANI-
TARY AND SIGHTLY; PROVIDING 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.
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 stag
nant 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.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ROUND
ROCK, TEXAS:
Section 1. That it shall be unlawful for any person, firm or
corporation
Round Rock,
where water
to remain.
Section 2. It shall be unlawful for any person, firm or cor-
poration 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 cor-
poration who shall own or occupy any house, buildings, establishment,
who shall own or
Texas, to permit
occupy any lot or
or allow holes or
lots in the City of
places
may accumulate and become stagnant, or to
on said lots
permit same
lot or yard in the City of Round Rock to permit or allow any
carrion, filth or other impure or unwholesome matter to accu-
mulate or remain thereon.
Section 4. It shall be unlawful for any person, firm or cor-
poration 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. Should 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
may be, fail and/or refuse to drain and/or fill the same lot or
lots, or remove such filth, carrion or other impure or unwholesome
matter, as the case may be, within ten (10) 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 (10) days after
notice by publication as many as two (2) times within ten (10)
consecutive days in any newspaper in 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 Round Rock, 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 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 expense or expenses shall be assessed
on the real estate, or lots upon which such expense was incurred.
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 (10) days after
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notice to said owner to do so, in writing, or by letter addressed
to such owner at his post office address, or within ten (10) days
after notice by publication as many as two (2) times within ten (10)
consecutive days in any newspaper in Texas, may do such cutting
down and/or removing such weeds, rubbish, brush or any other un-
sightly, 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 down 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 Health Officer 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, Re-
vised 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 improvements.
Section 8. Any person, firm or individual who shall violate
any of the provisions of this ordinance shall be guilty of a mis-
demeanor, and upon conviction shall be fined in any sum not exceeding
fifty dollars ($50.00), and each and every day's violation shall
constitute a separate and distinct offense. In the event the owner
or occupant of any lot, lots or premises under the provisions of
this ordinance shall be a corporation, and shall violate any pro-
vision 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 or ordinances in
conflict with this ordinance are hereby repealed. Ordinance No.
217 is specifically repealed.
(Mark through the following alternative that is not applicable)
Alternative 1.
By motion duly made, seconded and passed with an affirmative
vote of all the Council members present, the requirement for
reading this ordinance on two separate days was dispensed with.
READ, PASSED, and ADOPTED on first reading this day of
, 1978.
Alternative 2.
READ and APPROVED on first reading this the
aa, tat
, 1978.
day of
READ, APPROVED and ADOPTED on second reading this the
day of Zifizitf�y^j�a„'r/ , 1978.
ATTEST:
J ANNE LAND, City Secretary
RAY LITTON, Mayor
City of Round Rock, Texas