HomeMy WebLinkAboutItem 12 - Health and SanitationITEM #
MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS
FROM: BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
MEETING DATE: AUGUST 16, 2011
SUBJECT, 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
or 12 inches.
O:IZCUTAM 11- 06.4.doc 8/9/20118:12:38 AM
Sec. 12 -111. - Same— 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 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 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, weeds, or any plant that is not
mated and weeds to grow in, along, upon or across the sidewalk, or in the area
between the property line and the curbline, or ithi^ the area fen feet beyond tine pFep8rhr
tae 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, or any plant that is nOt GUItivated to grow in, along, upon or across the sidewalk
in the area between the property line and the curbline,
the prepeFty line to a height greater then six 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.
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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-
111, 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 high weeds; 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 11 IF 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,
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 curb line, 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
curb line, 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. 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 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. That all ordinances or any parks thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 5. 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.
ORD. NO. 2
Section 6. 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
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 16th day of August, 2011.
APPROVED:
ATTEST:,
APPROVED AS TO FORM:
ORD. NO. 3