HomeMy WebLinkAboutO-2003-2623
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ORDINANCE NO. ~()03" ~t.taJ
ORDINANCE AMENDING CHAPTER 34 OF THE CODE OF ORDINANCES OF THE
CITY OF LA PORTE, "ENVIRONMENT"; ALLOWING FOR INCREASED FREQUENCY
OF ABATEMENT OF CONDITIONS CONSTITUTING NUISANCES WITHIN THE
CITY;PROVIDING FOR EXPEDITED NOTICE OF ABATEMENT IN ACCORDANCE
WITH STATE LAW; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF
THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE FINED IN A SUM NOT TO EXCEED FIVE HUNDRED
DOLLARS; PROVIDING A SEVERABILITY CLAUSE; FINDING COMPLIANCE WITH
THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL TO THE CITY OF LA PORTE:
SECTION 1. The Code of Ordinances, City of La Porte, is hereby amended by deleting
Chapter 34, Section 34-132(b) in its entirety. Chapter 34, Section 34-132(c) of the
Code of Ordinances of the City of La Porte shall now be re-numbered to Chapter 34,
Section 34-132(b).
SECTION 2. Chapter 34, Section 34-130 of the Code of Ordinances of the City of La
Porte is hereby amended to read as follows, to-wit:
Sec. 34-130 Same-Contents; frequency of notice of abatement
The notice provided for in Section 34-129 shall identify the property and require
the abatement of such nuisance or removal of such condition by grubbing and
removing such weeds, brush, rubbish or other objectionable, unsightly or
insanitary matter of whatever nature, as the case may be, or by filling in,
draining, leveling or otherwise regulating such lot or parcel of real estate so as
to prevent stagnant water standing therein, within ten days from the service of
such notice. Such notice shall further state that, in default of the performance
of such conditions, the city may, at once, cause the abatement to be done and
pay therefor, and charge the cost and expense incurred by the city in doing or
having such work done, or improvements made, to the owner of such property,
and fix a lien thereon as provided in this article. Such notice may also state that
if the owner commits another violation of the same kind or nature that poses a
danger to the public health and safety on or before the first anniversary of the
date of the notice, and if the city has not been notified in a change of ownership
of the property, in writing, within said one year period, then the city may, without
further notice, correct the violation and pay therefor, and charge the cost and
expense incurred by the city in doing or having such work done, or
improvements made, to the owner of such property, and fix a lien thereon as
provided in this article.
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SECTION 3. 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 is 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 Chapter 551, Tx. Gov't
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 4. This Ordinance shall be effective upon its passage and approval.
SECTION 5. If any section, sentence, phrase, clause, or any part of any section,
sentence, phrase, or clause, of this ordinance shall, for any reason, be held invalid,
such invalidity shall not affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed each section, sentence,
phrase or clause, or part thereof, irrespective of the fact that any other section,
sentence, phrase or clause, or part thereof, may be declared invalid.
PASSED AND APPROVED this the t#- day of ~ ,2003.
CITY OF LA PORTE
BY:~~ &A L
N MAN~R
ATTEST:
~~4PL
Mart Gillet, City Secretary
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REQeST FOR CITY COUNCIL A.A ITEM
Appropriation
Agenda Date Requested: APri~14' 003
Requested By: Doug Kneupp
Department: Planning
Source of Funds: N/A
Account Number:
Amount Budgeted:
Report: _Resolution: _Ordinance: -X-
Amount Requested:
Exhibits: Ordinance Amending Chapter 34,
Environment
Budgeted Item: YES
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Summa" and Recommendation
During the recent Council Retreat, staff was directed to review the Code of Ordinances and
suggest amendments regarding the abatement of nuisances including the mowing or weeds and
brush. Currently, the Code of Ordinances stipulates that the City cannot abate these nuisances
more than three times in anyone calendar year nor can the abatement occur at intervals less than
3 months.
Due to Council's desire to enhance the aesthetics of the community, additional measures are
being directed to staff to "beautify La Porte". Specifically, it was Council's desire to remove
these "timing" stipulations so that nuisances could be abated whenever they occurred, no matter
how often they occurred. The attached ordinance does this.
Upon passage of the attached ordinance amending Chapter 34 of the Code of Ordinances, this
new provision will be enforced across the entire city limits. Our office will work with the City
Secretary on a communication document for the citizens.
Action Required bv Council:
Consider approval of an Ordinance amending Chapter 34, Environment of the Code of
Ordinances.
Approved for City Council Ae:enda
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Date