HomeMy WebLinkAboutItem 12 - AM18-01 Chapter 15 Offenses and Miscellaneous MEMO TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: FEBRUARY 6, 2018
SUBJECT: AM18-01 - CHAPTER 15, OFFENSES AND MISCELLANEOUS
PROVISIONS BY THE ADDITION OF SECTION 15-23, CODE
ENFORCEMENT AUTHORITY TO ENFORCE
RECOMMENDATION:
Staff recommends the City Council consider the proposed amendments to Chapter 15,
Offenses and Miscellaneous Provisions by the addition of Section 15-23, Code
Enforcement Authority to Enforce, and take any necessary action.
BACKGROUND:
Code Enforcement Officers have historically written citations as a last resort for certain
offenses. Examples of such offenses are flagrant cases of construction without permits,
multiple violations of high weeds and grass,junk vehicles, dangerous buildings, and similar
nuisance offenses. This addition would clarify the Chapters within the Grapevine Code of
Ordinances for which Code Enforcement Officers have the authority to issue citations and,
will assist the overall Code Enforcement and Municipal Court processes for code violations.
ORDINANCE NO. 2018-014
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE CODE OF
ORDINANCES CHAPTER 15, OFFENSES AND
MISCELLANEOUS PROVISIONS BY ADDING
SECTION 15-23, CODE ENFORCEMENT AUTHORITY TO
ENFORCE, AUTHORIZING CODE ENFORCEMENT
OFFICERS TO ISSUE CITATIONS FOR CERTAIN
VIOLATIONS OF THE CODE OF ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine, Texas (the "City") is a home rule municipality
having full powers of self-government and may enact ordinances relative to its citizens'
health, safety, and welfare that are not inconsistent with the Constitution and laws of the
State; and
WHEREAS, the City Council of the City of Grapevine, Texas finds and determines
that, in order to efficiently and effectively enforce the Code of Ordinances, the City's code
enforcement officers should be provided enforcement authority; and
WHEREAS, the City Council deems the adoption of this ordinance is in the best interests
of the health, safety, and welfare of the public; and
WHEREAS, the City Council is authorized by law to adopt the provisions contained
herein, and has complied with all the prerequisites necessary for the passage of this
Ordinance, including but not limited to the Open Meetings Act.
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 the Code of Ordinances Chapter 15, Offenses and
Miscellaneous Provisions, is amended by adding Section 15-23, Code Enforcement
Authority to Enforce, which shall read as follows:
Sec. 15-23 — Code Enforcement authority to enforce
City of Grapevine Code Enforcement Officers are authorized to enforce the
following provisions of this Code: Chapter 7, Chapter 12, Chapter 24, and
Appendix D – Zoning — Ordinance No. 82-73. In the enforcement of such
provisions, Code Enforcement officers are authorized to issue written or
verbal warnings and citations to any person suspected of violating any
section therein.
Section 3. That if any section, article, paragraph, sentence, clause, phrase or
word in this ordinance, or application thereto any person or circumstances is held invalid
or unconstitutional by a Court or competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of the ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 4. 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
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 final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 6th of February, 2018.
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2018-014 2