HomeMy WebLinkAbout12826 ORD - 10/01/1975DT:jkh:10 -1 -75; 3rd
AN ORDINANCE
RELATING TO CONTROL OF PARCELS OF LAND WHEREON THERE
EXISTS WEEDS OR VEGETATION, DEAD TREES, DEAD BRANCHES
ON LIVING TREES, OR OTHER HAZARDOUS WASTES OR REFUSE,
WHICH CONSTITUTES A FIRE HAZARD; DEFINING STRUCTURES;
PROVIDING FOR FIRE BREAKS WHERE DEEMED NECESSARY BY
THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE; PRO-
VIDING FOR A LIEN TO CLEAR THE PREMISES; PROVIDING
FOR REMEDIES AT LAW OR IN EQUITY; PROVIDING FOR NOTICES
TO THE PERSON HAVING CONTROL OF SUCH LAND OR THE OWNER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION;
AND PROVIDING A PENALTY.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. No person owning or having charge or control of
real property shall allow to exist thereon any weeds or vegetation, standing
or otherwise, dead trees, dead branches on living trees, or any hazardous
wastes or refuse of any nature which would constitute a fire hazard or
contribute to the spread of fire.
SECTION 2.
A. For the purpose of this ordinance "structure" means
anything constructed or erected which requires loca-
tion on the ground or is attached to something having
a location on the ground but not including fences,
advertising signs, billboards, poster boards or water
storage facilities.
B. When the Fire Chief or his designated representative
determines that brush, grass or weeds existing on any
real property constitutes a significant fire hazard
to persons or property, he shall require that:
(1) When a structure exists on the property adjacent
to the property containing brush, grass or weeds
and is within 250 feet of the common property
line, a fire break shall be maintained on any
portion of the property line within 250 feet of
the structure. The fire break shall extend a
minimum of 100 feet along the common property line
1282(;
on either side of a point nearest the structure
or the entire length of the common property line
if it is less than 200 feet in length. "Fire
break," as used in paragraph (1) hereof, means a
50 -foot wide strip of land surface on which all
brush, grass or weeds are maintained at a height
of not more than 24 inches above the ground nor
less than 3 inches above the ground, and all branching
growth and leafy foliage 5 or less feet above the
ground has been removed.
(2) A fire break be maintained along the property line
adjacent to a public right of way. As used in
this paragraph (2), "fire break" means a 20 -foot
wide strip of land surface on which all brush,
grass or weeds are maintained at a height of not
more than 24 inches above the ground nor less than
3 inches above the ground, and all branching growth
and leafy foliage 5 or less feet above the ground
has been removed.
C. Fire breaks shall not be required on a tract of real
property or any portion thereof which is used exclusively
for crop cultivation or as a nursery area.
D. When the Fire Chief or his designated representative
determines that the requirements of Section 2, subsection
B, do not provide adequate fire protection for the
safety of persons or property, he may require more
extensive and intensive fire breaks.
E. In determining whether or not a fire hazard exists and
the degree of the fire hazard under Section 2, sub-
sections B and D. the Fire Chief or his designated
representative shall consider factors such as, but
not limited to, the following:
(1) The extent and density of brush, grass or weeds
on property in question.
WA
(2) The character and density of development on
adjacent property.
(3) Distance of strudtures on adjacent property from
the brush, grass or weeds.
(4) The width, character and use of any public right
of way involved.
SECTION 3. Any hazardous condition allowed to remain in violation
of this ordinance shall be deemed a public nuisance and upon failure by
the person owning or having charge or control of the property to abate the
same within 30 days after being notified, the Fire Chief or his designated
representative may enter upon the property and remove or eliminate the
nuisance. The Fire Chief or his designated representative shall keep an
itemized written account of the cost of abatement on each separate parcel
of land where the work is done. The cost of abatement on each parcel of
land shall constitute a special assessment against that parcel and after
the assessment is made and been confirmed by the Director of Finance or his
designated representative, it shall become a lien on the premises. The
enforcement of said lien shall comply with Article 4436, V.A.C.S., relating
to public health.
SECTION 4. As an alternative method for the collection of the
cost of abatement, the City may maintain an action at law or in equity
thereon against the owner of the premises upon which a nuisance was main-
tained, in any court of competent jurisdiction.
SECTION 5. Service of notice shall be accomplished by depositing
the notice in the United States mail by certified letter, return receipt
requested, addressed to the owner, agent or person in control of said
parcel of land at his-last known address, postage paid thereon; where the
owner or person in control is unknown or his whereabouts are unknown, by
an official notice in a generally circulated and recognized Corpus Christi
newspaper, to be published twice within a 10 -day period. Notice will have
been deemed to have been served on the second day after the date of deposit
in the United States mail or on the second date of publication, if publica-
tion is used.
SECTION 6. If for any reason any section, paragraph, subdivision,
clause, phrase, word, or provision of this ordinance shall be held invalid,
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or unconstitutional by final judgment of a court of competent jurisdiction
It shall not affect any other section, paragraph, subdivision, clause, phrase,
word, or provision of this ordinance, for it is the definite intent of this
City Council that every section, paragraph, subdivision, clause, phrase,
word, or provision hereof be given full force and effect for its purpose.
SECTION 7. Publication shall be made one time in the official
publication of the City of Corpus Christi, by publishing the caption of
this ordinance, stating in substance the purpose of the ordinance.
SECTION 8. Any person, firm or corporation violating the terms
and provisions of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction shall be fined in a sum not to exceed $200. Every day
of violation shall be considered a separate offense.
THAT THE FOREGOING ORDINANCE AS READ FOR THE FIRST TIME AND PASSED
TO ITS SECOND READING ON THIS TMEA DAY OF
FOLLOWING VOTE: 19Z ,f BY THE
JASON LUeY
DP. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LO2ANO, SR.
EDWARD L. SAMPLE
THAT THE FOREGOING ORD e INANCE WAS READ FO THE SECOND TIME AND PASSED
TO ITS THIRD READING ON THIS TNEDAY OF
FOLLOWING VOTE: 19 BY THE
JASON LUST / e.
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOZANO, SR.
EDWARD L. SAMPLE
THAT THE FORE0011r6 ORDI
FINALLY ON THIS THE_ Y DAY O
JASON LUDY
DR. BILL TIPTON
EDUARDO DE ASES
RUTH GILL
BOB GULLEY
GABE LOYANO, SR.
EDWARD L. SAMPLE
PASSED AM APPROVED, TH1
ATTEST:
Y SECRETARY
APPROVED:
_DAY OF
CITY ATTORNEY
E T" TIME AND PASSED
9Z._f; BY THE FOLLOWING VOTE:
MAYOR
THE CITY OF CORPUS CHRISTI, TEXAS
PUBLISHER'S AFFIDAVIT
STATE OF TEXAS,
County of Nueees•
Before me, the undersigned. a Notary Public, this day P—QIIY came.....__.___.....__.__._.
Z .......... _ who being first duly — according to law, says that he is the
of the Corpus Christi Caller and The Corpus Christi Time"
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-------------------- - - ------- *-*--*-* .......... * T, and that the publication Of
,,,, in said County and State- NG TO CONTROL OF
Daily Newspapers Published at Corpus Christi' �ATP
"--LAND WojE014 THERE PARCELS OF
Zor
of which the annexed is a true copy, was published in pus–f1hriali-limle-
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on the_4--- day of
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------ - ---- - - ---- - RE-dB7.1-tT.-9
Rowena . . .......
Subscribed and sworn to before me this........_.. 6 day
Eugenia S. Cortez -- -----
–f4otaU Pudic, Nueces County, Texas
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