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Home My WebLink AboutWS Item 03 - Ordinance Amendments gs� � � d,( / �� C � __ -.�.-r_.,-- -- - - 1/V � MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS FROM: BRUNO RUMBELOW, CITY MANAGER� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: JANUARY 18, 2011 SUBJECT: WORKSHOP -AMENDMENTS TO CHAPTER 12 HEALTH AND SANITATION AND CHAPTER 24; MANUFACTURED HOMES AND MANUFACTURED HOME PAF2�CS RECOMMENDATION: City Council fio 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 fio parking lot maintenance throughout the city, and fences located on individual lots within manufactured home parks. Attached are proposed amendments to Chapter 12, Health and Sanitation, and Chapter 24, Manufactured Homes and Manufactured Hame Parks of the Code of Ordinances that require repair of potholes or other paving deterioration exceeding one and one-half('f-1/2) inches in depth and twelve (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 {7)days of change of tenant. Should the City Council wish to proceed, these proposed amendments will be broughtto a future public hearing for consideration. R:WGENDA�2011\Q1-1&111AM11-01.4.doc 1/11/2011 1:18:43 PM 1 D RAFT � ORDINANCE NO. 11-XXX 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; AND CHAPTER 24, MANUFACTURED HOMES AND MANUFACTURED HOME PARKS. REPEALING CONFLICTING ORDINANCES; PROVIDING A SEVERABILTY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED 11N0 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 WHEREAS, 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 provisions contained herein, and has compiled with all prerequisites necessary for the passage of this Ordinance; WHEREAS, the City has determined that amendments of 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 item (31) and renumbering the remaining item to read as follows: (31) All parking lots and driveways having potholes depressions, heaving, missing, failed or deteriorated pavement that exceeds one and one- half (1 1/2) 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 R-3.5 zoning districts. i I I I - , {�1-} (32) {Remainder unchanged} I � ' , - Section 3. That Chapter 24, Manufactured Homes and Manufactured Home Parks, Section 24-4 Permitted Accessory Uses, is hereby amended by the addition of a new paragraph (4)to read as follows: � (4) Fence, not to exceed eight (8) feet in heiglit 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 lafter there is any change in the occupancy or tenancy of the associated manufactured home. � i � 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 a new paragraph (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 - 1/2) inches in depth and twelve (12) inches in �length, width or ' diameter in parking lots, common private driveways, and common private streets. This paragraph shall not apply to i'individual private driveways on individual manufactured home lots. Section 5. 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. ' i Section 6. 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. 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 emergency for the immediate preservation of the public business, � property, health, - � � , �� ORD. NQ. 2011-XX 2 O:Ordinances120110rdinanceDraftWmendHealthOrd1-1-17 - 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-XX 3 O:Ordinances120110rdnanceDrafllAmendHeaNhOrd1-1-11