HomeMy WebLinkAboutORD 1978-041 �,�-=:.
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, ORDINANCE NO. 78-41
��= N AN ORDINANCE PROHIBITING THE DEPOSITING OF
LUMBER, BOXES, BARRELLS, BRICKS, STONE, DE4D
TREES, TRASH, GARBAGE, DEBRI S, VEHICLES, VEHICU-
LAR PARTS OR ANY OTHER MATERIAL EXCEPT SOIL,
SAND, AND GRAVEL IN EXCAVATED AREAS OR IN ANY
AREA FOR THE PURPOSE OF FILLING SAME AND DECLARING
SAME TO BEA NUISANCE; PROVIDING DEFINITIONS;
PROVIDING FOR CITY TO ABATE SAME AND FILE LIEN
AGAINST THE PROPERTY; PROVIDING FOR THE CITY TO
OBTAIN INJUNCTIVE RELIEF; PROVIDING A PENALTY;
PROVIDING A SERV�RABILITY CLAUSE AND DECLARING
AN EMERGENCY.
BE IT ORDAINED BY THE CITY �OUNCIL OF THE CITY OF GRAPEVINE,
T EXA S:
Section 1 . It is hereby unlawful and declared to be a nuisance for any
owner, a:cupant, tenant, lessee or other person, firm, corporation or partner-
� =3 ship to allow to be deposited, to deposit or fail to remove from said premises
any lumber, boxes, barrells, bricks, stone, dead trees, trash, garbage, debris,
vehicles, vehicular parts or any other material except soil, sand and gravel in
excavated areas or in any area for the purpose of filling said premises.
Section 2. Definitions.
(a) Excavated area - means any lot, tract or parcel of land that requires
fill as a aondition to building upon same or any lot, tract, or parce� of land that
has been previ ously excavated.
Section 3.
(a) Upon receipt of written notice from the �ity Manager, or his designated
agent, that a nuisance �xists, the owner, occupant, tenant or lessee shall be given
ten (10) days from receipt of said written notice to abate the nuisance. Should any
owner, occupant, tenant or lessee fail to abate the nuisance within the ten (10)
day period, the City may remove and abate the nuisance and all expense shall be
assessed against the subject property.
(b) Notice requiremenlsof Section "a" above are satisfied by placing a
�� letter in the U.S, mail, certified return receipt requested to the owner as his
address appears on the last approved tax rolls of the City.
(c) The City Manager in order to perfect the lien described shall file
a lien in accordance with Tex. Rev. Civ. Stat. Ann. Article 4436.
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Section 4. The City may enforce the provisions of this Ordinance in
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a District Court of Tarrant County, Texas, by obtaining injunctive relief.
Section 5. Penalty. 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 hundred dollars ($200.00)
and a separate offense shall be deemed committed upon each day during or
on which a violation occurs or continues after the notice period provided
herein has expired. The Court shall order removal and abatement of the
nuisance.
Section 6. Severability. If any section, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereto to any person or
circumstances is held invalid orunconstitutional by a Court of competent juris-
diction such holding shall not affect the validity of the remaining portions of the
ordinance; and the City Council hereby declares it would have passed such remain-
ing portions of the ordinance despite such invalidity, which remaining portions
shall remain in full force and effect.
�,� Section 7. Emergency. The fact that no present ordinances of the City
of Grapevi ne regulati ng I um er, boxes, etc ,, i n excavated areas exist, creates
an urgency and an emergency and in the preservation of the public health, safety
and welfare requires that this ordinance shall take effe�t immediately from and
after its passage and the publication of the caption as the law and charter in such
cases provides.
DULY PASSED by the City Council of the City of Grapevine, Texas, this
the lst day of Auqust , 1978.
� , �i��-Ci
Mayor, City of Grapevine, Texas
ATTEST:
C i ty Se ret y
APPROVE AS T RM:
��,W�
City Attorney
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