HomeMy WebLinkAboutItem 08 - Health and Sanitation Amendment M
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGE
MEETING DATE: MARCH 24, 2009
SUBJECT: AMENDMENTS TO CHAPTER 12, HEALTH AND SANITATION
OF THE GRAPEVINE CODE OF ORDINANCES.
RECOMMENDATION:
Staff recommends City Council consider amendments to Chapter 12, Sections 12-123,
12-126, 12-128 Subsection 3 and Section 12-130 of the Grapevine Code of Ordinances
relating to junk vehicles and take any necessary action.
BACKGROUND INFORMATION:
A recent junk vehicle case was dismissed due to the judge's opinion that municipal court
had no jurisdiction, because the defendant had previously requested a public hearing
before the City Manager. Although the public hearing was held, and City Manager Bruno
Rumbelow affirmed the nuisance, the court felt that the public hearing eliminated the
ability for the city to file a complaint.
As a result, these proposed ordinance amendments were made in an effort to eliminate
any similar future controversy about the right of the city to prosecute junk vehicle
violations, whether or not a public hearing is held before the City Manager. According to
Boyle and Lowry, it is not possible to remove the requirement for a public hearing
altogether; those provisions are contained within State Law.
Staff has also taken the opportunity to add language to the ordinance making it clear
that a car cover or tarpaulin is not an appropriate screening method for junk vehicles,
and that junk vehicles are not to be visible from private property as well as public
property.
March 19,2009(11:30AM)
J
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 12-123, PUBLIC
HEARING, SECTION 12-126, EXEMPTIONS, SECTION
12-128 SUBSECTION 3, AND COMPLAINT, SECTION 12-130;
PROVIDING THAT ALL ORDINANCES IN CONFLICT
HEREWITH ARE HEREBY REPEALED TO THE EXTENT THEY
ARE IN CONFLICT; PROVIDING A SAVINGS CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of the City of Grapevine, Texas, has adopted
ordinances regulating junk and abandoned vehicles; and
WHEREAS, the City Council of the City of Grapevine, has determined that the
passage of this ordinance is in the best interest of the general health, safety, and
welfare of this community.
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, Division 3,
Junked and Abandoned Vehicles, Section 12-123, Nuisance is hereby amended to read
as follows:
"A junked vehicle as herein defined, or parts thereof, which are located in any
place where they are visible from a public place or right-of-way or from private
property, regardless of whether or not the junked vehicle is covered with a
tarpaulin or vehicle cover, are detrimental to the safety and welfare of the general
public, tending to reduce the value of private property, to invite vandalism, to
create fire hazards, to constitute an attractive nuisance creating a hazard to the
health and safety of minors, and are detrimental to the economic welfare of the
state, by producing urban blight which is adverse to the maintenance and
continuing development of the municipalities in the state, and such vehicles
therefore, shall be and are hereby declared a public nuisance."
Section 3. That Chapter 12, Health and Sanitation, Article VI, Division 3,
Junked and Abandoned Vehicles, Section 12-126, Public Hearing is hereby amended to
read as follows:
"Any person who has been issued notice of a public nuisance violation for a
junked vehicle may request a public hearing to appeal the Notice of Violation.
When a public hearing is requested as herein provided, said public hearing shall
be held before the city manager. If the city manager affirms the public nuisance
violation for a junked vehicle, then the recipient of the original violation notice
shall have 24 hours from the notification of the city manager's decision, or the
remainder of the initial ten (10) day notice period (whichever is greater) to correct
the violation."
Section 4. That Chapter 12, Health and Sanitation, Article VI, Division 3,
Junked and Abandoned Vehicles, Section 12-128, subsection (3) Exemptions is hereby
amended to read as follows:
"(3) Unlicensed, operable or inoperable antique and special interest vehicles
stored by a collector on his property, provided that the vehicles and the outdoor
storage areas are maintained in such a manner that they do not constitute a
health hazard and are screened from ordinary public view by means of a fence,
rapidly growing trees, shrubbery, or other appropriate means. Tarpaulins and
vehicle covers shall not constitute appropriate screening."
Section 5. That Chapter 12, Health and Sanitation, Article VI, Division 3,
Junked and Abandoned Vehicles, Section 12-130, Complaint is hereby amended to
read as follows:
"Nothing in this Code shall prevent the city from pursuing civil, criminal, or
administrative enforcement of this Ordinance at anytime."
Section 6. 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 7. 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 8. 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 9. 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
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 24th day of March, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 3