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ARTICLE 10.600 TRAFFIC OBSTRUCTIONS



Sec. 10.601 Unlawful to Maintain Traffic Obstruction

(a) It shall be unlawful for any person to willfully obstruct or injure or cause to be obstructed or injured; or to maintain an obstruction in any manner whatsoever upon any street or alley adjacent to any premises owned or controlled by the person within the city limits.

(b) It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the City of Oak Leaf, Texas, to allow any plant or tree to accumulate or grow or object or vehicle to be maintained on said lot or lots in such a manner as to obstruct the vision of persons using any street or alley continuous thereto.

Sec. 10.602 City May Abate Traffic Obstructions and Assess Lien

(a) Should any owner of any lot or lots within the City of Oak Leaf, Texas, who shall be in violation of 10.601 hereof, fail and/or refuse to remove any object or vehicle or to cut down and/or remove such plant or tree 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 or her 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. The City of Oak Leaf may so remove such object or vehicle or cutting down and/or removing of such plants or trees, 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 Oak Leaf, Texas, then such expenses shall be assessed on the real estate, or lot or lots upon which such expense was incurred.

(b) However, should any plant, tree, object or vehicle encroach upon any public right-of-way, then the city shall have the authority to cut back or trim such plant or tree and to remove the object or vehicle or portion thereof, from such right-of-way.

Sec. 10.602 Filing Statement of Expenses

The city secretary or mayor shall file a statement of such expenses incurred under 10.602 hereof, 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 Ellis County, Texas; and the City of Oak Leaf, Texas, shall have a privileged lien on such lot or lots or real estate upon which said work was done or adjacent to any street which shall be cleared or any work done under this section 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 percent (10%) 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 Oak Leaf, 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.