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Home My WebLink AboutWS Item 01 - Health and SanitationW5i ri III nn li MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: AUGUST 2, 2011 SUBJECT: WORKSHOP - AM11 -06 AMENDMENTS TO GRAPEVINE CODE OF ORDINANCE, CHAPTER 12, HEALTH AND SANITATION, ARTICLE VI, DIVISION 2, NUISANCES, SECTION 12 -111, SAME — WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER RECOMMENDATION: City Council to consider possible amendments to Grapevine Code of Ordinances, Chapter 12, Health and Sanitation, Article VI, Division 2, Nuisances, Section 12 -111, Same — Weeds, Trash, Brush and other Unsightly Matter and take any necessary action. BACKGROUND INFORMATION: The high weeds and grass ordinance has an exception for "cultivated" vegetation to be allowed to exceed the maximum height of 12 inches (six inches if on or adjacent to residential property). This is to allow agricultural use of properties. Unfortunately, the "cultivated" exception also applies to rights -of -way (the portion between the property line and street). Staff has recently encountered areas of very high weeds and grass along rights -of -way next to agricultural property, and the weeds almost completely obscured sidewalks. The proposed amendments do not change anything related to private property, but simply require owners to keep the right -of -way maintained to the appropriate height of six inches (adjacent to residential) or 12 inches (adjacent to all other zoning classifications). Should City Council approve of these changes, the amendments will be brought to a future City Council meeting. RAAGENDA12011108- 02- 111AM11 -06.4 wkl.doe 7/28/20112:16:06 PM ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES CHAPTER 12 HEALTH AND SANITATION, ARTICLE VI, NUISANCES, SECTION 12111, SAME — WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER, REPEALING CONFLICTING ORDINANCES PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH SEPARATE OFFENCE 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, deems it necessary for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the Code of Ordinances to amend regulations regarding political signs; and WHEREAS, all legal prerequisites and requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City of Grapevine City Council, deems the passage of this ordinance is in the best interest of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated herein above 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, Division 2, Nuisances, Section 12 -111, Same --- Weeds, Trash, Brush and other Unsightly Matter, is hereby amended to read as follows: "(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 12 inches on an average upon said premises. It shall be unlawful for any person, firm, corporation, ORS. NO. 2011 -X7f DRAFT 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 inches on an average upon said premises. With respect to lots, tracts or parcels of land of two or more acres under single ownership, the provisions of this section shall be applicable to only the area within 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 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 and weeds to grow in, along, upon or across the sidewalk, or in the area between the property line and the curbline, to a height greater than 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 or weeds, to grow in, along, upon or across the sidewalk, or in the area between the property line and the curbline, to a height greater then six inches on an average. For the purpose of this section, the term "developed" shall mean any property on which a principal structure has been erected." Section 3. 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 a violation occurs or continues. Section 4. 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 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. ORD. W. 201 J -XX 2 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 day of , 2011. APPROVED: ATTEST:. APPROVED AS TO FORM: ORD. NO. 2011 3 Ah �` �i� (� H � yp.�.ryWM ✓, / ,5, Y��, /,, mF 9 (Jas , �` ; �tl , � ,\ � 2 /K \. .� \ � /��•�% � � � � / \\� � � � �« °y� \/ , �� » g. . }� � { \ / �� : �� \2 � � � � . =,y � \ 2� ��G/ .&v. ��\ \�} \�\ � � � � � \ , �� y\ \ � \\ � < i ......................................... i lj /ii/ r l � G6 A "M Stj wag C lI,