Loading...
HomeMy WebLinkAboutItem 15 - Amendments to Chapter 12TO: HONORABLE MAYOR, AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER o MEETING DATE: JULY 18, 2000 SUBJECT: AMENDMENTS TO CHAPTER 12 HEALTH AND SANITATION, ARTICLE II, NUISANCES, SECTION 12-39, WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER RECOMMENDATION City Council to consider amendments to Chapter 12 Health and Sanitation, Article II, Nuisances, Section 12-39, Weeds, trash, brush and other unsightly matter. (See Attached) BACKGROUND INFORMATION The current ordinance allows the Building Department to mow properties in violation at 30 day intervals. While citations may be issued to owners in violation at less than 30 day intervals, Staff needs the ability to abate high weeds and grass as necessary during the growing season. The current ordinance limits high weeds and grass to a maximum average height of twelve (12) inches. While this may be acceptable for open fields in commercial and industrial districts, it is not appropriate for developed residential districts. The proposed change limits the average height for developed residential districts to six (6) inches. A provision has also been added to allow the Building Official to declare dead trees a nuisance and require them to be removed. /ga 0:\sw\memo\ccsec 12-39 1 July 12, 2000 (9:21 AM) f TO: FROM: MEETING DATE HONORABLE MAYOR, AND CITY COUNCIL MEMBERS ROGER NELSON, CITY MANAGER Gl�e JULY 18, 2000 SUBJECT: CHAPTER 12, HEALTH AND SANITATION, ARTICLE II, NUISANCES, SECTION 12-39, WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER Please find attached revised ordinance to Chapter 12, Health and Sanitation, Article II, Nuisances, Section 12-39, Weeds, Trash, Brush and Other Unsightly Matter. Note that on Page 2 of the ordinance the following change was made from the memo in your original packet: Original memo: "...all properties adjacent to such developed properties..." New memo: "...all properties contiguous to and/or within 100 feet of such developed properties..." This change was at the request of the City Attorney who felt that the revised wording was more enforceable. OAsMordamenfted 239ju100.4 1 July 18, 2000 (5:06PM) 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 SANITATION, ARTICLE II, NUISANCES, SECTION 12-39, WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER, RELATIVE TO THE 1994 UNIFORM BUILDING CODE, PROVIDING AMENDMENTS TO SAME, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY 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 Council of the City of Grapevine, Texas, finds it in the best interest of the public to provide protection and safety from the negative and deleterious effects of overgrown vegetation, dead trees, and the accumulation of yard waste; and WHEREAS, the existence and or accumulation of dead trees and limbs serves as a significant threat to property and lives; and WHEREAS, overgrown vegetation and accumulated yard waste increase the propensity for such areas to serve as a place of harborage for insects, vermin, and snakes; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for this ordinance, that the public demands it, that the public interest clearly requires its passage, and that the ordinance does not unreasonably invade the rights of those affected by it; and WHEREAS, the City Council finds that this ordinance is beneficial to the citizens of the City of Grapevine, Texas, and helps promote 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 Chapter 12, Health and Sanitation, Article II, Nuisances, Section 12-39, Weeds, trash, brush and other unsightly matter is hereby amended to read as follows: Section 12-39 Weeds, trash, brush and other unsightly matter. (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 twelve (12) inches on an average upon said premises. 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 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 anv plant that is not cultivated to prow to a greater height than six (6) inches on an average upon said premises. With respect to lots, tracts or parcels of land of two (2) or more acres under single ownership, the provisions of this section shall be applicable to only the area within one hundred (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 person, 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 in, along, upon or across the sidewalk in the area between the property line and the curbline, or within the area ten (10) feet beyond the property line to a height greater then twelve (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, weeds, or any plant that is not cultivated to grow in along upon or across the sidewalk in the area between the property line and the curbline, or within the area ten (10) feet beyond the property line to a height greater then six (6) inches on an average. For the purposes of this section the term "developed" shall mean any property on which a principal structure has been erected. (b) 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 any dead tree, rubbish, brush, and all other reasonably objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any such lot, tract or parcel of land. (c) It shall be the duty of 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 cut, or cause to be cut, and remove, or cause to be removed, if necessary, to comply with this section, all such grass, weeds, plants, rubbish, brush, and any and all other objectionable, unsightly or unsanitary matter of whatever nature as often as may be necessary to comply with the provisions of this section. (d) Notice to comply; cost of abatement by city: (1) In the event that the owner of any lot, tract, parcel of land or a portion thereof situated within the corporate limits of the city shall fail to comply with this section, then the city's building official, or his designee, shall notify such owner by letter addressed to him at the address shown on the last approved tax rolls of the city, or at any residence or business structure located on subject property or at the last known address. The mailing of notice in accordance with any of the above shall satisfy this provision. In the alternative, the city may notify the said owner by publication in the city's official newspaper on one occasion. At the expiration of ten (10) days after notification or publication, the city may enter upon such premises and may do such work as necessary, or cause the same to be done, in order that the premises may comply with the requirements set forth herein. A statement of the cost incurred by the city to abate such condition shall be mailed to the owner of said premises, which statement shall be paid within thirty (30) days of the date of the mailing thereof. In the event that said statement has not been paid within such period, the city manager may file a statement with the Tarrant County clerk of the expenses incurred to abate such condition on said premises, and the city shall have a privileged lien on any lot, tract or parcel of land upon which such expense is incurred, together with ten (10) percent on the delinquent amount from the date such payment is due. For any such expenditure and interest, as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the city and the statement so made, as aforesaid, or a copy thereof shall be prima facie proof of the amount expended in any such work performed by the city. The building official, or his designee, may give the notice provided for herein, once annually, prior to the grass -growing season, stating in such notice that property owners shall maintain grass and weeds on the property owned by them a height of less than twelve (12) inches in accordance with paragraph (a) above 3 at all times, and that in the event such owners fail to do so, the city shall enter upon the property and mow same at thirty day intervals necessary during such annual growing season, in the event such owner fails to comply with this section, and that thereafter the cost of such mowing shall be charged against the owner and the property as herein provided. The giving of such annual notice shall be deemed to be in compliance with the terms of this section. Section 2. 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 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 two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. 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 5. 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 , 2000. ATTEST - APPROVED: 51 APPROVED AS TO FORM: O: \sw\o r d a m e n d \o rd 12-39j u 100 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 SANITATION, ARTICLE II, NUISANCES, SECTION 12-39, WEEDS, TRASH, BRUSH AND OTHER UNSIGHTLY MATTER, RELATIVE TO THE 1994 UNIFORM BUILDING CODE, PROVIDING AMENDMENTS TO SAME, REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY 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 Council of the City of Grapevine, Texas, finds it in the best interest of the public to provide protection and safety from the negative and deleterious effects of overgrown vegetation, dead trees, and the accumulation of yard waste; and WHEREAS, the existence and or accumulation of dead trees and limbs serves as a significant threat to property and lives; and WHEREAS, overgrown vegetation and accumulated yard waste increase the propensity for such areas to serve as a place of harborage for insects, vermin, and snakes; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for this ordinance, that the public demands it, that the public interest clearly requires its passage, and that the ordinance does not unreasonably invade the rights of those affected by it; and WHEREAS, the City Council finds that this ordinance is beneficial to the citizens of the City of Grapevine, Texas, and helps promote 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 Chapter 12, Health and Sanitation, Article II, Nuisances, Section 12-39, Weeds, trash, brush and other unsightly matter, subsections (a) and (b) are hereby amended to read as follows: "Section 12-39 Weeds, trash, brush and other unsightly matter. (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 twelve (12) inches on an average upon said premises. 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 located within any residentially zoned district within the corporate limits of the city, which has been developed, and all properties adiacent to such developed properties within the corporate limits of the city, to suffer or permit grass weeds or any plant that is not cultivated to prow to a greater height than six (6) inches on an average upon said premises. With respect to lots, tracts or parcels of land of two (2) or more acres under single ownership, the provisions of this section shall be applicable to only the area within one hundred (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 person, 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 in, along, upon or across the sidewalk in the area between the property line and the curbline, or within the area ten (10) feet beyond the property line to a height greater then twelve (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 adjacent to 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 in along upon or across the sidewalk in the area between the property line and the curbline, or within the area ten (10) feet beyond the property line to a height greater then six (6) inches on an average. For the purposes of this section, the term "developed" shall mean any property on which a principal structure has been erected. (b) 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 ORD. NO. 2 any dead tree, rubbish, brush, and all other reasonably objectionable, unsightly or unsanitary matter of whatever nature to accumulate or be present upon any such lot, tract or parcel of land." Section 2. That Chapter 12, Section 12-39(d)(1), second paragraph is hereby amended to read as follows: (d)(1) second paragraph: "The building official, or his designee, may give the notice provided for herein, once annually, prior to the grass -growing season, stating in such notice that property owners shall maintain grass and weeds on the property owned by them a height ofleg than twelve (12) innhoS in accordance with paragraph (a) above at all times, and that in the event such owners fail to do so, the city shall enter upon the property and mow same at th�daysuch intervals necessary during such annual growing season, in the event such owner fails to comply with this section, and that thereafter the cost of such mowing shall be charged against the owner and the property as herein provided. The giving of such annual notice shall be deemed to be in compliance with the terms of this section." Section 3. 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 4. 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) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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. 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 18th day of July, 2000. APPROVED: ORD. NO. 3 ATTEST: APPROVED AS TO FORM: ORD. NO.