Any and all of the following conditions are hereby declared
to be nuisances dangerous to the public health:
(1)
Any open excavated place upon any lot within the corporate limits
of the city, not having surface drainage facilities to prevent the
accumulation of standing water in such open excavated places, or which
open excavated place contains any trash, rubbish, junk, rock, scrap
metal, scrap wood, paper, animal matter, weeds, junk vehicles, discarded
vehicles, motor vehicles not being used for transportation purposes,
tires, tubes, upholstering, rotted materials of any kind, rats, rat
nests, rat signs or other filth or objectionable, unsightly, unwholesome
or unsanitary matter.
(2)
Any open excavated place upon any lot in the city where such excavation
is below the grade of the gutter on the street abutting any such lot
and which excavation is capable of being used for or is being used
for the purpose of depositing, accumulating, storing or otherwise
keeping any trash, rubbish, junk, rock, scrap metal, scrap wood, paper,
animal matter, weeds, junk vehicles, discarded vehicles, motor vehicles
not being used for transportation purposes, tires, tubes, upholstering,
rotted materials of any kind, rats, rat nests, rat signs or other
filth or objectionable, unsightly, unwholesome or unsanitary matter.
(Ordinance 1170, sec. 1, adopted 1/29/1952; 1959 Code, sec. 15-22; 1983 Code, sec. 12-131)
It shall be the duty of the owner of any lot to forthwith fill
in any excavated place described in the preceding section with soil
or other suitable materials to a grade not lower than the gutter line
of the abutting street, and supply proper drainage from such lot.
(Ordinance 1170, sec. 2, adopted 1/29/1952; 1959 Code, sec. 15-23; 1983 Code, sec. 12-132)
The city health officer, the fire marshal and any other officer or employee designated by the city manager are hereby authorized to inspect any open excavated place upon any lot in the city at all reasonable times and, where any such nuisance as described in section 34.03.001 of this article shall exist, to give the owner and other persons, if any, having control thereof, notice in writing that such nuisance exists, which notice shall require the owner or other person to abate any such nuisance and comply with the provisions hereof by filling in the excavated place with soil or other suitable materials to a grade not lower than the gutter line of the abutting street and supply proper drainage from such lot. Such notice may be given by delivering the same to the owner or other person, in person or by letter addressed to such owner or other person at his post office address, with return receipt requested, or by publication as many as two (2) times within ten (10) consecutive days, if personal service of the notice may not be had, or if the owner’s address is not known.
(Ordinance 1170, sec. 5, adopted 1/29/1952; 1959 Code, sec. 15-24; 1983 Code, sec. 12-133)
It shall be the duty of any owner to comply with the provisions of the notice under section 34.03.003 and to abate the nuisance within ten (10) days after the date of the notice and, if such owner or other person in control of such lot shall, for any reason, fail or refuse to abate such nuisance, or if the owner’s address is not known, or if personal service cannot be had, as provided by article 4436, Revised Civil Statutes, the city manager shall, upon approval by the city council, cause the abatement of any such nuisance on account of the owner of the lot and the expense thereof shall be assessed against the lot upon which it was incurred, and the city health officer shall file with the clerk of the county a statement of such expense, and a copy of such statement with the city attorney, who shall be authorized to timely file suit to foreclose the lien for such improvements, as provided by article 4436, Revised Civil Statutes.
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Editor’s note–Article 4436, Revised
Civil Statutes, mentioned in the section above has been recodified
as V.T.C.A., Health and Safety Code, secs. 342.001–342.007.
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(Ordinance 1170, sec. 6, adopted 1/29/1952; 1959 Code, sec. 15-25; 1983 Code, sec. 12-134)
The city attorney, upon written request by the city manager, is authorized to prosecute any and all suits when deemed necessary or expedient to abate any condition declared to be a nuisance by the provisions of section 34.03.001 of this article.
(Ordinance 1170, sec. 9, adopted 1/29/1952; 1959 Code, sec. 15-26; 1983 Code, sec. 12-135)
(Ordinance 1170, secs. 3, 4, adopted 1/29/1952; 1959 Code, sec. 15-27; 1983 Code, sec. 12-136)
The provisions of this chapter relating to and requiring the
filling up of open excavated places shall not apply to excavations
made under the terms of an uncancelled building permit, duly issued
by the building official, if such excavations are maintained in a
clean and sanitary manner and the construction is reasonably continuous.
(Ordinance 1170, sec. 10, adopted 1/29/1952; 1959 Code, sec. 15-28; 1983 Code, sec. 12-137)
