HomeMy WebLinkAboutORD 1991-085 �..,�,
ORDINANCE NO. 91-85
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS AMENDING THE GRAPEVINE
CODE OF ORDINANCES BY AMENDING CHAPTER 7
BUILDINGS AND CONSTRUCTION, ARTICLE II, BY THE
ADDITION OF SECTION 7-26. 1 RELATIVE TO
SUBSTANDARD BUILDINGS; REPEALING CONFLICTING
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY IN A SUM 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
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That Chapter 7 , Article II, Section 7-26 is hereby
amended by the addition of a new subsection 7-26. 1 to read as shown
in the attached Exhibit "A" .
w.�. Section 2 . That all ordinances of the City 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hereby are deemed repealed and of no force or effect provided,
however, that the ordinance or ordinances under which the cases
currently filed and pending in the Municipal Court of the City of
Grapevine, Texas shall be deemed repealed only when all such cases
filed and pending under such ordinance or ordinances have been
disposed of by a final conviction or a finding of not guilty, nolo
contendere, or dismissal.
Section 3 . Any person, firm or corporation 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, article, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof to
any persons or circumstances is held invalid or unconstitutional by
a Court of competent jurisdiction, such holding shall not affect
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the validity of the remaining portions of this ordinance; and the
City Council hereby declares it would have passed such remaining
portions of the ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
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""�°`' 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 public creates an emergency which requires that this
ordinance 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 3rd day of December ,
1991.
APPROVED:
William D. Tate
Mayor
ATTEST:
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Lin Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
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Exhibit "A" to Ordinance 91-$5
Page 1 of 2
7-26. 1 Standards for Authority to Secure Substandard Buildings.
_� The building official is hereby authorized to secure
substandard buildings regardless of the date of their
construction when the city determines:
� the building violates the minimum standards established
in Chapter 2 , Section 203 of the Grapevine Building Code;
� the building is unoccupied or is occupied only by persons
who do not have a right of possession to the building.
� Before the 11th day after the date the buildinq is secured,
the buildinq official shall qive notice to the owner by:
� personally serving the owner with written notice;
� depositinq the notice in the United States mail addressed
to the owners post office address shown on the last
approved tax roll of the city,
� publishing the notice at least twice within a ten (10�
day period in a newspaper of general circulation if
personal service cannot be obtained and the owner's post
office address is unknowni or
� posting the notice on or near the front door of the
building if personal service cannot be obtained and the
owners address is unknown.
� The notice must contain:
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� an identification, which is not required to be a legal
description of the building and the property on the
property which it is located;
,j2� a description of the violation of the standards that are
present at the building;
� a statement that the city will secure or has secured the
building as the case may be;
� an explanation of the owners entitlement to rec�uest a
hearing about any matter relating to the city securinq
the buildina.
�d1 The city shall conduct a hearing at which the owner may
testifv or present witnesses or written information about anv
matter relating to the city securing of the buildinq if,
within thirty (30j days after the date the city secures the
building the owner files with the city a written request for
the hearing. The city shall conduct the hearinq within twenty
(20) days after the date the request is filed.
� In the event that the city building official secures any
building, a statement of the cost incurred by the city to
secure a building shall be mailed to the owner of said
premises, which said statement shall be paid within thirty
;�. t_ (30) days of the date of the mailing thereof. In the event
that said statement has not been paid within such period, the
Exhibit "A" to Ordinance 91-85
Page 2 of 2
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) per cent 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 bv the city.
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