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Home My WebLink AboutORD 1987-085 ORDINANCE N0.87-85 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES, BY AMENDING CHAPTER 1 , SECTION 1-6 RELATING TO GENERAL PENALTY AND CONTINUING VIOLATIONS; BY AMENDING CHAPTER 9 , SECTION 9-8(d) RELATING TO PENALTIES; BY AMENDING CHAPTER 11 , SECTION 11-41 RELATING TO PENALTY FOR VIOLATION; BY AMENDING CHAPTER 12, SECTION 12-2 RELATING TO PENALTY FOR VIOLATIONS; BY AMENDING SECTION 12-21 RELATING TO SPECIFIC NUISANCES; BY AMENDING ,� SECTION 12-26 RELATING TO VIOLATIONS - PENALTIES PRESCRIBED; BY AMENDING SECTION 12-59 RELATING TO PENALTIES; BY RMENDING CHAPTER 16 , SECTION 16-55 RELATING TO PENALTIES AND ENFORCEMENT; BY AMENDING CHAPTER 17, SECTION 17-14(a) RELATING TO PENALTIES; BY AMENDING SECTION 20 OF APPENDIX "A" RELATING TO PENALTY FOR VIOLATIONS; BY AMENDING SECTION 70 OF APPENDIX "D" RELATING TO PENALTIES; BY PROVIDING THAT ALL ORDINANCES WHICH PROVIDE FOR A PENALTY OF FINE OF TWO HUNDRED DOLLARS ($200 . 00) FOR A VIOLATION OF ANY CITY ORDIVANCE SHALL HEREINAFTER HAVE A PENALTY OF FINE OF FIVE HUNDRED DOLLARS ($500 . 00) ; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section 1 . That Chapter 1 , Section 1-6 of the 'S�''�` Grapevine City Code is hereby amended to read as follows : � "Whenever in this Code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such Code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful , and no specific penalty is provided therefore, the violation of any such provision of this Code or any such ordinance shall be punishable by a fine in a sum not to exceed two thousand dollars ($2,000 . 00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed five hundred dollars ($500 . 00) for each offense for all other violations; however, that where the offense is one for which a penalty is fixed by state law, the penalty for such offense shall be the same as fixed by state law. Each day any violation of this Code or other ordinance of the city shall constitute a separate offense unless otherwise provided. " Section 2 . That Chapter 9 , Section 9-8(d) of the Grapevine City Code is hereby amended to read as follows : " (d) Any person, firm or corporation violating any of the terms or provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in a sum not to exceed two thousand dollars ($2, 000 . 00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed five hundred dollars ($500 . 00) for each offense for all other violations , and a separate offense shall be deemed committed each day during or on which a violation occurs or continues . " ;��, Section 3 . That Chapter 11 , Section 11-41 of the Grapevine City Code is hereby amended to read as follows : "Any person, firm or corporation violating any of the terms and provisions of the fire code shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in a sum not to exceed two thousand dollars ($2, 000 . 00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed five hundred dollars ($500 . 00) for each offense for all other violations, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues . " Section 4 . That Chapter 12, Section 12-2 of the Grapevine City Code is hereby amended to read as follows : "Any person, firm or corporation violating any of the terms and provisions of the food service manual shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine in a sum not to exceed two thousand dollars ($2, 000 . 00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed five hundred dollars ($500 . 00) for each offense for all other violations, and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues . " Section 5 . That Chapter 12 , Section 12-21 of the Grapevine City Code is hereby amended in the following respect : "The following are declared to be nuisances and shall be abated, and any persons guilty of performing any of the acts herein set out, or of causing any such nuisances, or of permitting or suffering any of them to remain upon his premises, or in any building occupied by or controlled by him, or on any public thoroughfare immediately adjacent to such premises shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be punished by to a fine in a sum not to exceed two thousand dollars ($2, 000 . 00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed five hundred dollars ($500 . 00) for each offense for all other violations and a separate offense shall be - 2 - oi � sc deemed committed upon each day during or on which a violation occurs or continues . These fines shall be in addition to and cumulative of the provisions for the abatement of the nuisance by correcting such insufficient maintenance or dangerous condition to persons or property, as well as all other costs provided for by this article. " Section 6 . That Chapter 12, Section 12-26 of the Grapevine City Code is hereby amended to read as follows : "Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be subject to a fine in a sum not to exceed two thousand dollars ($2, 000 . 00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed five hundred dollars ($500 . 00) for each offense for all other violations and a separate offense shall be deemed committed upon each day during or on which a violation occurs . These fines shall be in addition to and cumulative of the provisions for the abatement of the nuisance by correcting such insufficient maintenance or dangerous condition to persons or property, as well as all other costs provided for by this article. " Section 7 . That Chapter 12, Section 12-59 of the �� Grapevine City Code is hereby amended to read as follows : �, "Any person, firm or corporation violating any of the provisions of this division 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 relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed f ive hundred dollars ($500 . 00) for each offense for all other violations and a separate offense shall be deemed committed upon each day during or on which a violation occurs . These fines shall be in addition to and cumulative of the provisions for the abatement of the nuisance as provided for in this division, as well as all other costs provided for by this division. " Section 8 . That Chapter 16, Section 16-55 of the Grapevine City Code is hereby amended to read as follows : " Any person, firm or corporation violating any of the terms or provisions of this chapter shall be guilty of a �, misdemeanor , and upon conviction thereof shall be punished by a fine in a sum not to exceed two thousand dollars ($2 , 000 . 00) for each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed five hundred dollars ($500 . 00) for each offense for all other violations, and a - 3 - oi � sc separate offense shall be deemed committed each day during or on which a violation occurs or continues . " Section 9 . That Chapter 17 , Section 17-14(a) of the Grapevine City Code is hereby amended to read as follows : " (a) Any person, firm or corporation violating any of the terms or provisions of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a f ine in a sum not to exceed two thousand dollars ($2, 000 . 00) for „�„ each offense relating to fire safety, zoning, or public health and sanitation, including dumping of refuse, nor to exceed five hundred dollars �$500 . 00) for each offense for all other violations, and a separate offense shall be deemed committed each day during or on which a violation occurs or continues . " Section 10 . That Section 20 of Appendix "A" of the Grapevine City Code is hereby amended to read as follows : "20-100 Any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum not to exceed two thousand dollars ($2, 000 . 00) , and ""'" a separate offense shall be deemed committed upon each day during or on which a violations occurs or continues . The owner or owners of any building or premises, or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect , builder, contractor , agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The City of Grapevine, likewise, shall have the power to enforce the provisions of this ordinance through civil court action as provided by state law. " Section 11 . That Section 70 of Appendix "D" of the Grapevine City Code is hereby amended to read as follows : "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) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues . " Section 12 . That whenever in any Code or ordinance of the City the penalty for the violation of any provision of the Code or ordinance is affixed at two hundred dollars ($200 . 00) , the penalty shall be amended to five hundred dollars ($500 . 00) and that all Codes or ordinances to be adopted by the City - 4 - ui � sc Council shall have a penalty of fine of five hundred dollars �� ($500 . 00) unless otherwise specified in said ordinance. � ; Section 13 . If any section, article, paragraph, ' sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance, is held invalid • or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the , remaining portions of the ordinance, and the City Council j hereby declares it would have passed such remaining of the ', ordinance despite such invalidity, which remaining portions '� shall remain in full force and effect . Section 14 . The fact that the present ordinances and '` "� regulations of the City of Grapevine, Texas, are inadequate to i properly safeguard the health, safety, morals, peace, and j general welfare of the public creates an emergency which � requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. i I PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF i GRAPEVINE, TEXAS on this the 15th day of December , 1987 . ''f APPROVED: , II��I G��'�'��/ � Mayor, City of Grapevine, Texas I i ATTEST: aJ it Secretary, ty of Grapevine, Texas [SEAL] APPROVED AS TO FORM: -- r �--- - , <.------� / City Attorney, City of rapevine, Texas �,x� . I�� - 5 - 0 l 7 5 c