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Home My WebLink AboutORD 1987-091 ORDINANCE NO. 87-91 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING CHAPTER 12, ARTICLE II, DIVISION 2 OF THE GRAPEVINE CITY CODE BY PROVIDING SUBSECTIONS 12-39 (a) , 12-39 (b) , 12-39 (c) , AND 12-39 (d) TO THE EXISTING SECTION 12-39 RELATING TO WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE 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 VIOLATIONS OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That the existing Section 12-29 of the Grapevine City Code is hereby amended by providing for the creation of Subsections 12-39 (a) , 12-39 (b) , 12-39 (c) , and 12-39 (d) , which shall read as follows: "Section 12-39. Same-Weeds, trash, brush and other unsightly matter (a) It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to suffer or permit grass, weeds or any plant that is not cultivated to grow to a greater height than twelve (12) inches on an average upon said premises. With respect to lots, tracts or parcels of land of two (2) or more acres under single ownership, the provisions of this subsection shall be applicable to only the area within one hundred (100) feet from any adjacent property under different ownership and any street riqht-of-way. It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant, or anyone having super- vision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to suffer or permit grass, weeds or any plant that is not cultivated to grow in, along, upon or across the sidewalk in the area between the property line and the curbline, or within the area ten (10) feet beyond the property line to a height greater than twelve (12) inches on an average. � � (b) It shall be unlawful for any person, firm, corporation, partnership, association of persons, owner, agent, occupant, or anyone having super- vision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to suffer or permit any rubbish, brush, any and all other objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any such lot, tract or parcel of land. (c) It shall be the duty of any person, firm, corporation, partnership, association of persons, owner, agent, occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, to cut, or cause to be cut, and remove, or cause to be removed, if necessary, to comply with this section, all such grass, weeds, plants, rubbish, brush, and any and all other objectionable, unsightly or unsanitary matter of whatever nature as often as may be necessary to comply with the provisions of this section. (d) Notice to comply; cost of abatement by city: (1) In the event that the owner of any lot, tract, parcel of land or a portion thereof situated within the corporate limits of the city shall fail to comply with this section, then the city' s building official, or his designee, shall notify such owner by letter addressed to him at the address shown on the last approved tax rolls of the city, or at any residence or business structure located on subject property , or at the last known address . The mailing of notice in accordance with any of the above shall satisfy this provision. In the alternative, the city may notify the said owner by publication in the city' s official newspaper on one (1) occasion. At the expiration of ten (10) days after notification or publication, the city may enter upon such premises and may do such work as necessary, or cause the same to be done, in order that the premises may comply with the requirements set ��,.,,,., forth herein. A statement of the cost incurred by the city to abate such condition shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event that said statement has not been paid within such period, the city manager may file a statement with the Tarrant County clerk of the expenses incurred to abate such condition on said premises, and the city shall have a privileged lien on any lot, tract or parcel of land upon which such expense is incurred, together with ten (10) percent on the delinquent amount from the date such payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the city and the statement so made, as foresaid, or a copy thereof shall be prima facie proof of the amount expended in any such work performed by the city. � (2) The building official, or his designee, may give the notice provided for herein, once annually, prior to the grass-growing season, , �_�- stating in such notice that property owner shall maintain grass and weeds on the property . owned by them a height of less than twelve (12) inches at all times, and that in the event such owners fail to do so, the city shall enter upon the property and mow same at ` thirty (30) day intervals during such annual growing season, in the event such owner fails to comply with this section, and that thereafter the cost of such mowing shall be charged against the owner and the property as i herein provided. The giving of such annual notice shall be deemed to be in compliance with the terms of this section. " Section 2 . 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 ' �4n � of the ordinance, and the City Council hereby declares it would have passed such remaining of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. '�'�.-.•,.��:-8 Section 3. 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 upon each day during or on which a violation occurs or continues. Section 4 . 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 emergency for the immediate preservation of 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 15th day of December , 1987• �': �..:;. APPROVED: i �� Mayor � ATTEST: -1%H-Ge� i y Secretar ; APPROVED AS TO FORM: ,�—' ��_ ,�/~-�. `'�--� �r9z , � City Attorney � h I �;�,:,,� I i � j