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HomeMy WebLinkAboutORD 1982-027 ORDINANCE N0. 8 2-2? AN ORDINANCE ANIE,'[VDING THE CITY CODE OF THE CITY OF GRAPEVIlVE, TEXAS, � 12, BY REPEALING SECTION 12-38, RE[`TUl`�•IBERING EACH SUBS�QUFNT SDC- TION, AND AMII�IDING SECTION 12-40, ALL REL,P.TING TO HF�I,TH AND SANITATION; PROVIDING A SEVEf2- ABILITY CLAUSE; PROVIDING A PE[�ALTY; AND DECLARING AP1 II"1ERGIIVCY BE IT ORDAINID BY Tf� CITY COUNCIL OF Tf-3E CITY OF GRAPEVINE, TEXAS: Section l. That the City Code of the City of Grapevine is hereby amended by the repeal of Section 12-38 and the subsequent rernunbering of Sections 12-39, 12-40, and 12-41 accordingly, to be hereinafter n�m�bered as Sections 12-38, 12-39, and 12-40 respectively. Section 2. Section 12-40 is hereby rernunbered Section 12-39 and amended to read as follaws: "Section 12-39 - Weeds, trash, brush and other unsightly r�atter. (A) It sha.11 be unlawful for any person, firm, corporation, partnership, association of persons, awner, agent, occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, i�roved or unimproved, within the corporate limits of the City to suffer or permit grass, weeds, or any plant that is not cultivated to graw to a greater height than twelve inches (12") on an average upon said premises. (B) With respect to�lots, tracts, or parcels of land of two or more acres under single �wnership, the provisions of this section shall be applicable to only the area withi.n one hundred feet (100') from any adjacent property under different dwnership and any street rightrof-way. (C) It shall be unlawful for any person, finn, 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, i�roved 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 curb line or within the area ten feet (10') beyond the property line to a height greater than twelve inches (12") on an average. (D) It shall be unlawful for any person, fizm, corporation, partnership, association of persons, awner, agent, occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, i.mproved 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 acc�unulate or be present upon any such lot, tract, or parcel of land. __ (E) It shall be the duty of any person, finn, 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 rerroved, if necessary, to co�ly 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 co�ly with the provisions of this section. (F) (1) In the event that the owner of any lot, tract, parcel of land or a portion thereof situated within the corporate li.r.iits of the City shall fail to co�ly with this section, then the City's Building Official, or his designatee, shall notify such awner by letter addressed to him at the address shawn on the last approved Tax Rolls of the City or at any residence or business structure located on subject property or at the last ]mown 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 avner by publication in the City's official newspaper on one (1) occasion. At the expiration of ten 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 co�ly with the requirements set forth herein. A statement of the cost incurred by the City to abate such condition shall be mailed to the awner 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 e��penses incurred to abate such condition on said premi.ses, 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 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 aforesaid, or a copy thereof shall be prima facie proof of the amount e�ended in any such work performed by the City. (2) The Building Official, or his designatee, may give the Notice provided for herein once annually prior to the grass grawing season, ..stating in such Notice that property awners shall maintain grass and weeds on the property awned by them a height of less than twelve inches (12") at all times, and that in the event such awners fail to do so, the City shall enter upon the property and maw same at thirty day (30) intervals during such annual growing season in the event such awner fails to comply with this section, and that thereafter the cost of such mowing shall be charged against the c�wner and the property as herein provided. The giving of such annual notice shall be dePmed to be in compliance with the terms of Section 12-39.° Section 3. Severability. If any section, sentence, phrase, word, paragraph, or provision of this ordinance or the application of that section, sentence, phrase, word, paragraph, or provision to any person, situation or circtiunstances is for any reason adjudged invalid, the adjudication shall not affect any other section, sentence, phrase, word, paragraph, or provision of this ordinance or the application of any other section, sentence, phrase, word, paragraph, or provision to any other person, situa.tion, or circ�unstances, nor shall such adjudication aftect any other section, sentence, phrase, word, paragraph, or provision of the Grapevine City Code. The City Council declares that it would have adopted the valid portions and applications of this ordinance without the invalid part, and to this end the provisions of this _ ordinance are declared to be severable. Section 4. Penalty. Any person violating any of the portions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be fined $1.00 to $200.00, and each day such violation cantinues shall constitute a separate and distinct offense. Section 5. Etnergency. The fact that the present ordinances and regulations of the City of Grapevine, Texas, are ir�c�Ec�uate 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 i.�nediate 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. PASSID AND APPROVED BY � CITY COUivCIL OF Tf� CITY OF GRAPEVINE, TEXAS, on this the 4th day of May, 1982. APPROVID: �/ � N3ayor ATI'E.ST: City Secretary APPR�VID AS 'I�0 FORM AND LEGALITY: City Attorney _. '