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Home My WebLink AboutORD 2000-065 ORDINANCE NO. 2000-65 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 12, HEALTH AND SANITATION, ARTICLE II, NUISANCES, SECTION 12-39, WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER, RELATIVE TO THE 1994 UNIFORM BUILDING CODE, PROVIDING AMENDMENTS TO SAME, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY, NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Grapevine, Texas, finds it in the best interest of the public to provide protection and safety from the negative and deleterious effects of overgrown vegetation, dead trees, and the accumulation of yard waste; and WHEREAS, the existence and or accumulation of dead trees and limbs serves as a significant threat to property and lives; and WHEREAS, overgrown vegetation and accumulated yard waste increase the propensity for such areas to serve as a place of harborage for insects, vermin, and snakes; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for this ordinance, that the public demands it, that the public interest clearly requires its passage, and that the ordinance does not unreasonably invade the rights of those affected by it; and WHEREAS, the City Council finds that this ordinance is beneficial to the citizens of the City of Grapevine, Texas, and helps promote 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 Chapter 12, Health and Sanitation, Article II, Nuisances, Section 12-39, Weeds, trash, brush and other unsightly matter, subsections (a) and (b) are hereby amended to read as follows: "Section 12-39 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. 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, located within any residentially zoned district within the corporate limits of the city, which has been developed, and all properties contiguous to and/or within 100 feet of such developed properties 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 six (6) 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 section shall be applicable to only the area within one hundred (100) feet from any adjacent property under different ownership and any street right-of-way. It shall be unlawful for any person, firm, corporation, partnership, association of person, 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 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 then twelve (12) inches on an average. It shall be unlawful for any person, firm, corporation, partnership, association of person, owner, agent occupant, or anyone having supervision or control of any lot, tract, parcel of land or portion thereof, occupied or unoccupied, located within any residentially zoned district within the corporate limits of the city, which has been developed, and all properties contiguous to and/or within 100 feet of such developed properties 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 then six (6) inches on an average. For the purposes of this section, the term "developed" shall mean any property on which a principal structure has been erected. (b) 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, ORD. NO. 2000-65 2 improved or unimproved, within the corporate limits of the city, to suffer or permit any dead tree, rubbish, brush, and all other reasonably objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any such lot, tract or parcel of land." Section 2. That Chapter 12, Section 12-39(d)(1), second paragraph is hereby amended to read as follows: (d)(1) second paragraph: "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 owners shall maintain grass and weeds on the property owned by them a height in accordance with paragraph (a) above 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 such intervals necessary 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 herein provided. The giving of such annual notice shall be deemed to be in compliance with the terms of this section." Section 3. 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 4. 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 5. 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 6. 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 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 18th day of July, 2000. ORD. NO. 2000-65 3 APPROVED: William D. Tate Mayor ATTEST: 7 • ej Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2000-65 4