HomeMy WebLinkAboutItem 09 - Manufactured HomesITEM
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER Vj�_'
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: FEBRUARY 15, 2011
SUBJECT: AM11 -01 - AMENDMENTS TO CHAPTER 12 HEALTH AND
SANITATION AND CHAPTER 24, MANUFACTURED HOMES
AND MANUFACTURED HOME PARKS
RECOMMENDATION:
City Council to consider possible amendments to Grapevine Code of Ordinances,
Chapter 12, Health and Sanitation relative to parking lot and driveway maintenance, and
Chapter 24, Manufactured Homes and Manufactured Home Parks relative to fencing and
private driveway and street maintenance and take any necessary action.
BACKGROUND INFORMATION:
At the quarterly workshop held on November 15, 2010, City Council discussed possible
ordinance amendments relative to property standards in manufactured home parks.
As a result of this discussion, City Council requested changes relative to parking lot
maintenance throughout the city, and fences located on individual lots within manufactured
home parks. A draft of the proposed amendments was reviewed by City Council at the
January 18, 2011 workshop.
Attached are proposed amendments to Chapter 12, Health and Sanitation and Chapter
24, Manufactured Homes and Manufactured Home Parks of the Code of Ordinances that
require repair of potholes or other paving deterioration exceeding one and one -half inches
in depth and 12 inches in length, width or diameter.
Chapter 24, Manufactured Homes and Manufactured Home Parks has proposed
amendments prohibiting fences on individual lots. A provision is included which allows
existing fences to remain, but requires removal within seven days of change of tenant.
R:IAGENDA 12011102- 15- 111AM11- 01.41.doc 2/1012011 10:33:42 AM
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF
ORDINANCES BY AMENDING CHAPTER '12, HEALTH AND
SANITAT[ON; AND CHAPTER 24, MANUFACTURED HOMES
AND MANUFACTURED HOME PARKS. REPEALING
CONFLICTING ORDINANCES; PROVIDING A SEVERABILTY
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 of Grapevine is authorized to adopt ordinances to protect
the health, safety, and welfare of its citizens; and
INHERE A
AS`, the City of Grapevine has determined that it is 'a necessity to
regulate the activities and entities as provided for herein to. safeguard the; public; and
WHEREAS, the City of Grapevine is authorized by law to adopt the provision's
contained herein, and has compiled with all prerequisites necessary for the passage of
this ordinance;
WHEREAS, the City has determined that amendments to Chapter 12, .Health and
Sanitation; and. Chapter 24, Manufactured Homes and Manufactured. Home Parks
of the Code of Ordinances is in the best interests of the City, and its citizens.
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 Chapter 12, Health and Sanitation, Article VI, Nuisances,
Section 12 -93 Specific Nuisances is hereby amended by adding a new subsection (31)
to read as follows and renumbering the remaining subsection to (32):
"(31) All.. parking lots and driveways having potholes, depressions, heaving,
missing, failed or deteriorated pavement that exceeds one and one -half (1.
1I2) inches in depth and twelve (12) inches in length, width or diameter..
This section shall not apply to private driveways in the R -20, R -12.5, R -7.5,
R =5.0 and R3.5 zoning districts. Repairs shall be made within thirty (30)
days following written notification.
(32) {Remainder unchanged }"
Section 3. That Chapter 24, Manufactured Homes and Manufactured Home
Parks, Section 24=4 Permitted Accessory Uses, is hereby amended by the addition of
subsection (4) to read as follows:
"(4) Fence, not to exceed eight (8) feet in height above grade, surrounding the
perimeter of the manufactured home park. Fences on individual lots within
the park are prohibited. Fences legally existing at the time of the adoption
of this ordinance may remain in place subject to the following. Any fence
remaining on an individual lot within the manufactured home park at the
time of the adoption of this ordinance must be removed within seven days
after there is any change in the occupancy or tenancy of the associated
manufactured home."
Section 4 That Chapter 24, Manufactured Homes and Manufactured Home
Parks; Section 24 -12 Duties of Manufactured Home Park Licensee shall be amended by
the addition of subsection (h) to read as follows:
"(h) The licensee shall repair all potholes, depressions, heaving, missing, failed
or deteriorated pavement that exceeds one and one -Half (1 112) inches in
depth and twelve (12) inches in length, width or diameter in parking lots,
conmimon' private driveways, and common private streets.;., This paragraph
shall riot apply to individual private driveways on individual manufactured
home lots. Repairs shall be made within thirty (30) days following written
notification."
Section 5, That 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) for each offense and a separate
offense shall be deemed committed each day during or on which a violation occurs or
continues.
Section 6. 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 7; That 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 8. 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
ORD. NO. 2
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 15th day of February 2011.
F-11TORTUAR
ATTEST-
APPROVED AS TO FORM:
ORD. NO. 3