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HomeMy WebLinkAboutORD 2009-006 ORDINANCE NO. 2009-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12 HEALTH AND SANITATION, ARTICLE VI, NUISANCES, SECTION 12-123, PUBLIC HEARING, SECTION 12-126, EXEMPTIONS, SECTION 12-128 SUBSECTION 3, AND COMPLAINT, SECTION 12-130; PROVIDING THAT ALL ORDINANCES IN CONFLICT HEREWITH ARE HEREBY REPEALED TO THE EXTENT THEY ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas, has adopted ordinances regulating junk and abandoned vehicles; and WHEREAS, the City Council of the City of Grapevine, has determined that the passage of this ordinance is in the best interest of the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 12, Health and Sanitation, Article VI, Division 3, Junked and Abandoned Vehicles, Section 12-123, Nuisance is hereby amended to read as follows: "A junked vehicle as herein defined, or parts thereof, which are located in any place where they are visible from a public place or right-of-way or from private property, regardless of whether or not the junked vehicle is covered with a tarpaulin or vehicle cover, are detrimental to the safety and welfare of the general public, tending to reduce the value of private property, to invite vandalism, to create fire hazards, to constitute an attractive nuisance creating a hazard to the health and safety of minors, and are detrimental to the economic welfare of the state, by producing urban blight which is adverse to the maintenance and continuing development of the municipalities in the state, and such vehicles therefore, shall be and are hereby declared a public nuisance." Section 3. That Chapter 12, Health and Sanitation, Article VI, Division 3, Junked and Abandoned Vehicles, Section 12-126, Public Hearing is hereby amended to read as follows: "Any person who has been issued notice of a public nuisance violation for a junked vehicle may request a public hearing to appeal the Notice of Violation. When a public hearing is requested as herein provided, said public hearing shall be held before the city manager. If the city manager affirms the public nuisance violation for a junked vehicle, then the recipient of the original violation notice shall have 24 hours from the notification of the city manager's decision, or the remainder of the initial ten (10) day notice period (whichever is greater) to correct the violation." Section 4. That Chapter 12, Health and Sanitation, Article VI, Division 3, Junked and Abandoned Vehicles, Section 12-128, subsection (3) Exemptions is hereby amended to read as follows: "(3) Unlicensed, operable or inoperable antique and special interest vehicles stored by a collector on his property, provided that the vehicles and the outdoor storage areas are maintained in such a manner that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means. Tarpaulins and vehicle covers shall not constitute appropriate screening." Section 5. That Chapter 12, Health and Sanitation, Article VI, Division 3, Junked and Abandoned Vehicles, Section 12-130, Complaint is hereby amended to read as follows: "Nothing in this Code shall prevent the city from pursuing civil, criminal, or administrative enforcement of this Ordinance at anytime." Section 6. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 7. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect. Section 8. That if any section, subsection, sentence, clause or phase of this ordinance shall for any reason be held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Section 9. That the fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an ORD. NO. 2009-06 2 emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 24th day of March, 2009. APPROVED: r4(r .4--- _ William D. Tate Mayor ATTEST: Undo Huff City Secretary APPROVED AS TO FORM: Douglas H. Conner Ill Assistant City Attorney ORD. NO. 2009-06 3