HomeMy WebLinkAboutO-2003-2623-A
9
REQUEST FOR CITY COUNCIL AGENDA ITEM
Requested By:
January 14.2008
W.Sr ~
Bud2et
Agenda Date Requested:
Source of Funds:
Department:
Planning
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance #200J-2623-A
Amount Requested:
Exhibits:
Administrative Fee Justification
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
At the December 3, 2007 meeting, City Council held a workshop to discuss possible changes to weed height
regulations and mowing fees. Staff incorporated the requested changes in the attached ordinance.
The new ordinance identifies violations/public nuisances by "lot" and "acreage". Lot violations occur when weeds
are over six inches (6") and acreage violations occur when weeds are over twelve inches (12") in height. Currently,
violations occur when weeds are more than eighteen inches (18") in height.
While the "setback or buffer strip" distance remains at 150' of any residence or place of business within the city,
additional language has been added to address "acreage". The new language reauires the entire acreage to be
mowed (in lieu iust a buffer strip) whenever multiple developments abut the acreage in violation.
Also, the ordinance amends Appendix A, "Fees" to identify charges for abatement. New charges include the
contractor cost plus a $200 administrative fee. A copy of the administrative fee justification has been attached for
your reference.
Action Reauired bv Council:
rove an ordinance reducing the height requirement on weed violations and increasing mowing charges
iated with abatement of such violations.
oc!6
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ORDINANCE NO. 2003-2623-A
AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF
ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE IV.
"UNSANITARY, UNSIGHTLY CONDITIONS ON PRIVATE PREMISES," SECTION 34-126
"DEFINITIONS", SECTION 34-127 "ENFORCEMENT OF ARTICLE", SECTION 34-128
"PROHIBITED CONDITIONS DESIGNATED", SECTION 34-132 "ABATEMENT BY CITY
GENERALLY", AND AMENDING APPENDIX A "FEES," CHAPTER 34
"ENVIRONMENT," ARTICLE IV. (A) "ABATEMENT CHARGES," (B) "REMOVAL OF
LIEN FILED ON PROPERTY," AND (C) "OWNER CONTRACTING ABATEMENT WITH
CITY"; PROVIDING A REPEALING CLAUSE; CONTAINING A SEVERABILITY
CLAUSE; FINDING COMPLIANCE WITH THE OPEN MEETINGS 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 TWO THOUSAND DOLLARS; PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS:
Section 1: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-126 "Definitions," of the Code of Ordinances, La Porte, Texas,
is hereby amended by adding definition for term "acreage" and amending the existing definitions
for the terms "lot or parcel of real estate" and "weeds", to be included in said section in proper
alphabetical sequence, and which definitions shall read as follows:
"Acreage means a tract of land that is in excess of three-quarters of an acre (32,670 sq. ft.) in
land area."
"Lot means a tract of land that is less than three-quarters of an acre (32,670 sq. ft.) in land area,
and includes, in addition to the ground within its boundaries, all ground lying and being adjacent
to and extending beyond the property line of such lot or parcel of real estate to the curb line of
adjacent streets, where a curbline has been established, and 14 feet beyond the property line
where no curbline has been established on adjacent streets; and, in all cases, to the center of all
adjacent alleys."
"Weeds means all rank and uncultivated vegetable growth or matter which has grown to more
than six inches (6") on lots and twelve inches (12") on acreage or which, regardless of height, is
liable to become an unwholesome or decaying mass or a breeding place for mosquitoes or
vermin. "
Ordinance # 2003-2623-A
Page 2
Section 2: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-127 "Enforcement of article", of the Code of Ordinances, La
Porte, Texas, is hereby amended to read as follows:
"Sec. 34-127. Enforcement of article.
The terms and conditions of this article shall be enforced by the director of planning or
his duly designated agents. It is unlawful and, unless otherwise declared in this chapter with
respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail
to perform any act required in this article. Neither allegation nor evidence of a culpable mental
state is required for the proof of an offense defined in this chapter, during the prosecution of such
offenses in any criminal proceeding."
Section 3: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-128 "Prohibited Conditions Designated", of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 34-128. Prohibited Conditions Designated.
The following specific acts and conditions are declared to constitute a public nuisance and are
hereby prohibited and made unlawful:
(1) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of
whatever nature, covering or partly covering the surface of any portion of a lot, where
the lot is located within 150 feet of the property line of a residence or place of
business.
(2) Weeds, brush, rubbish and all other objectionable, unsightly and insanitary matter of
whatever nature, covering or partly covering the surface of acreage, on that portion of
the acreage situated within 150 feet of the property line of any residence or place of
business. However, in any case where the acreage is abutted by a residence or place
of business on more than one side of the acreage, the owner of the acreage shall be
responsible for maintaining the surface of every portion of the acreage as required by
this article, regardless of the size of the acreage.
(3) Any lot or parcel of real estate situated within the city which has the surface thereof
filled or partly filled with holes, or is in such condition that the lot or parcel holds or
is liable to hold stagnant water therein, or, from any other cause, is in such condition
as to be liable to cause disease, or produce, harbor or spread disease germs of any
nature or tend to render the surrounding atmosphere unhealthy, unwholesome or
obnoxious."
2
Ordinance # 2003-2623-A
Page 3
Section 4: That Chapter 34, "Environment," Article IV. "Unsanitary, Unsightly Conditions
on Private Premises," Section 34-132 "Abatement by City - Generally," of the Code of
Ordinances, La Porte, Texas, is hereby amended to read as follows:
"Sec. 34-132. Abatement by City - Generally.
( a) In the event of the failure, refusal or neglect of the owner of any premises or property
to comply with a notice given him pursuant to this article, it shall be the duty of the
director of planning or his duly designated agents to cause the weeds, brush, rubbish
or other insanitary matter or condition constituting a nuisance to be promptly and
summarily abated, in a reasonable and prudent manner at the expense of the city. The
director of planning or his duly designated agents shall carefully determine the cost of
such work done and shall charge such costs against the owner of such premises. Cost
shall be based upon the charges in amounts established by the city and listed in
Appendix A of this code.
(b) The city shall have the right to award any quantity of work authorized under this
section to a general contractor whose bid shall be accepted by the city council as the
lowest and best secured bid for doing the work mentioned in this section during a
stipulated time not to exceed one year."
Section 5: That Appendix A, "Fees," Chapter 34 "Environment," Article IV. "Unsanitary,
Unsightly Conditions on Private Premises," of the Code of Ordinances, La Porte, Texas, is
hereby amended to read as follows:
"(a) Abatement Charges
(1) Per Lot
(2) Per Acre
(3) Minimum Bill on Property
Contractor Charge + $200 Administrative Fee
Contractor Charge + $200 Administrative Fee
Contractor Charge + $200 Administrative Fee
(b) Removal of Lien filed on Property
$75.00 + Attorney Costs
(c) Owner Contracting Abatement with City
(1) Per Lot Contractor Charge + $200 Administrative Fee
(2) Per Acre Contractor Charge + $200 Administrative Fee"
Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are
hereby repealed; provided, however, that such repeal shall be only to the extent of such
inconsistency and in all other respects this ordinance shall be cumulative of other ordinances
regulating and governing the subject matter covered by this ordinance.
3
Ordinance # 2003-2623-A
Page 4
Section 7: Should any section or part of this ordinance be held unconstitutional, illegal, or
invalid, or the application to any person or circumstance for any reasons thereof ineffective or
inapplicable, such unconstitutionality, illegality, invalidity, or ineffectiveness of such section or
part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such
remaining portion or portions, the same shall be and remain in full force and effect and to this
end the provisions of this ordinance are declared to be severable.
Section 7. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of this ordinance as codified in the Code of Ordinances herein, shall be deemed guilty
of a misdemeanor and upon conviction shall be punished by a fine not to exceed TWO
THOUSAND DOLLARS ($2000.00).
Section 8. 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 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 9. This Ordinance shall be effective fourteen (14) days after its passage and approval.
The City Secretary 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, in accordance with the provisions of Chapter 52,
Texas Local Government Code, and the City of La Porte Charter.
PASSED AND APPROVED this the } 1{JI- day of crMJ ~ 'Y , 2008.
CITY ~ ~A PORTE 0
By: ~~~.I~
Mayor
e:m~ rJd
City Secretary
APPRO~
~r~
City Attorney
4
ADMINISTRATIVE FEE - MOWING/CLEAN-UP
( 12/26/07)
Utilized $30/hour: Includes costs associatedfor employee hourly pay & benefits
Field identification
-Notes & photo as needed
~ hour
$ 15.00
Create violation paperwork
~ hour
$ 15.00
Computer case entry by office
- issue notification -OR-
- issue work order for contractor
~ hour
$ 15.00
For notifications, re-inspect + issue
work order for non-compliance
1 hour
$ 30.00
Field confirmation on contractor
work order completion
~ hour
$ 15.00
Update/close code enf case in
computer & file accordingly
~ hour
$ 15.00
Process paperwork for contractor
payment & forward to Accounting
~ hour
$ 15.00
Provide billing info to Acctg. Dept.
~ hour
$ 15.00
Acctg. bills owner
~ hour
$ 15.00
Acctg. pays contractor
~ hour
$ 15.00
Acctg. processes payment
~ hour
$ 15.00
Acctg. monitors payments; additional
billing/files liens as needed
~ hour
$ 15.00
$190.00
ADMINISTRATIVE FEE - $200.00
S:\City Planning Share\04-INSPECTIONS DIVlSION\ALL OTHER STUFF\Code Enforcement\Correspondence\Adminstrative Fee
Documentation.doc