HomeMy WebLinkAboutORD 1999-058 ORDINANCE N0.99-58
� AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
AMENDING ORDINANCE NO. 87-45, THE EROSION AND
SEDIMENTATION CONTROL ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS
APPENDIX "F" OF THE CITY CODE, BY AMENDING
ARTICLE II, APPLICABILITY, NOTICE AND ABATEMENT,
PENALTY, SECTION C, NOTICE PROVISIONS; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE AND
A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS
OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
° Section 1. That Ordinance No. 87-45, Erosion and Sedimentation Control, same
being known as Appendix "F" of the Code of Ordinances of the City of Grapevine, Texas
��-=r is hereby amended in the following particulars, and all other sections, subsections,
paragraphs, definitions, words and phrases of said Appendix "F" are not amended but are
hereby ratified, verified and affirmed:
A. That Article II, Applicability, Notice and Abatement, Penalty, Section C,
Notice Provisions, is hereby amended to read as follows:
"It shall be the duty of the director of Public Works or his designee to give
forty-eight (48) hours written notice to the owner or agent in charge of any
premises believed to be in violation of this ordinance to correct the public
erosion nuisance and to clean up and remove the offending and burdensome
sedimentation.
Such notice shall be considered given when the written notice is deposited
by regular U.S. mail addressed to the last known address of the agent or
owner based upon the building permit or records of ownership.
However, in the event that the director of public works decides, in his
��,k�
judgement, that the situation believed to be in violation of this ordinance
poses a substantial and immediate threat to public health, safety, and
welfare of the City of Grapevine, the director of public works may give such
notice as he deems is necessary and appropriate, given the existing
circumstances and conditions, even though said notice is less than forty-
eight hours."
Section 2. 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 Five Hundred Dollars ($500.00) for each offense and a separate offense shall
be deemed committed each day during or on which an offense occurs or continues.
Section 3. 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 of 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. 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 20th day of April, 1999.
APPROVED:
William D. Tate
Mayor
ATTEST:
Lind Huff
City Secretary
�.�-�
ORD. NO. 99-58 2
�aY. 4 APPROVED AS TO FORM:
,
,° , ,._ � ;
John F. Boyle, Jr. �'
City Attorney
��.,�
�,: ,
ORD. NO. 99-58 3