HomeMy WebLinkAboutO-2002-2139-A
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ORDINANCE NO. 96-2139A
AN ORDINANCE AMENDING CHAPTER 58, DSOLID WASTED, OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE, PROVIDING THAT ANY PERSON
VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A
MISDEMEANOR AND UPON CONVICTION SHALL BE FINED A SUM NOT TO EXCEED
ONE HUNDRED DOLLARS ($100.00) FOR THE FIRST OFFENSE, TWO HUNDRED
FIFTY DOLLARS ($250.00) FOR THE SECOND OFFENSE, AND TWO THOUSAND
DOLLARS ($2,000.00) FOR THE THIRD OR ANY SUBSEQUE,NT OFFENSE, AND
EACH DAY OF VIOLATION SHALL BE DEEMED A SEPARATE OFFENSE, FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW, AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Chapter 58, "Solid Waste", section 29, "Penalty
for Violation of ArtiCle", of the Code of Ordinances is hereby
amended, and shall hereafter read as follows, to-wit:
"SECTION 29. PENALTY FOR VIOLATION OF ARTICLE. Any
individual, as that term is defined in section 1.07(26),
Texas Penal code, who shall violate any provision of this
ordinance, shall be guilty of a misdemeanor and upon
conviction shall be fined in an amount not to exceed the
following:
(1) one hundred dollars ($100.00), upon conviction
for the first offense;
(2) two hundred fifty dollars ($250.00), upon
conviction for the second offense;
(3) two thousand dollars ($2,000.00), upon
conviction for the third or any subsequent
offense.
Each day of any violation shall be deemed a separate
offense."
Section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the public at the City Hall of the
City for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
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Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
Section 3. This Ordinance shall be effective fourteen (14)
days after its passage and approval. The City SeCrE!tary shall give
notice of the passage of this ordinance by causing the caption
hereof to be published in the official newspaper of the City of La
Porte at least twice within ten (10) days after the passage of this
ordinance.
PASSED AND APPROVED, this C{U- day of PQf.e lMtWl, 2002.
~OF LA PO~~
By: ~ ?--
orman . al E:
Mayor
ATTESTt;fJ., (),~
~ A. Gillett
City Secretary
APPROVED:
~:~
Assistant City Attorney
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SOLID WASTE ORDINANCE
ENFORCEMENT REPORT
In accordance with discussion held at the City Council Workshop on November 11, 2002
and discussions with the City Prosecutor, the following steps are proposed to begin
enforcement of the Solid Waste Ordinance.
. January 2003 - Begin new database to track violations by address. Enforcement will
be one random zone per cycle, or approximately every 15 days. Inspection of
selected zone at least 6 days prior to scheduled pickup.
. First Offence - Door hanger placed identifying the violation and consequences of
repeat violations. Personal contact to be made if possible.
. Second Offence - Warning letter sent certified and regular mail identifying the
violation, and consequences of repeat violations. Personal contact to be made if
possible.
. Third Offence - Citation issued. Delivered personally if possible. If resident not
available, or refuses citation, turned over to Municipal Court for service by City
Marshall. Violation subject to $100.00 fine under proposed amendment to
Ordinance.
. Fourth Offence - Citation issued. Delivered personally ifpossible. If resident not
available, or refuses citation, turned over to Municipal Court for service by City
Marshall. Violation subject to $250.00 fine under proposed amendment to
Ordinance.
. Fifth Offence - Citation issued. Delivered personally if possible. If resident not
available, or refuses citation, turned over to Municipal Court for service by City
Marshall. Violation subject up to $2,000.00 fine under proposed amendment to
Ordinance.
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Ag.uda nat. Requested: ~}002
Requ....d By: S. Gm.tt ~
Department: Public Works
Appropriation
Source of Funds: N/A
Account Number: N/A
Report:
Resolution:
Ordinance: XX
Amount Budgeted: N/A
Exhibits:
Ordinance
Amount Requested: N/A
Exhibits:
Enforcement Report
Budgeted Item: YES NO
Exhibits:
,SUMMARY & RECOMMENDATION
On November 11, 2002, the City Council conducted a workshop on the proposed enforcement of
the Solid Waste Ordinance. At the workshop, staff recommended amendment of the Ordinance
to provide for a more progressive fme schedule for violation. As written, the Ordinance provides
for a fine "not to exceed $2,000.00". The proposed amendment provides for increasing fines for
repeat violations, as follows.
First Violation:
Second Violation:
Third Violation:
$100.00
$250.00
Up to $2,000.00
The proposed change will allow for a more progressive fine schedule, and also provide for the
payment of a fine without court appearance.
The attached Enforcement Report outlines the steps to be taken to enforce the Ordinance. It is
anticipated that enforcement can begin on January 1,2003.
Action Required bv Council: Approve Ordinance No, 96-2139A amending Chapter 58 of the Code of
Ordinances.
Approved for City Council A2:enda
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