HomeMy WebLinkAboutO-2008-2623-C amend Ch 34, mowing/clean-up abatement fees (original 2003)
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Department:
Au2Ust 25. 2008 ~
D. Wilmore 9J ~
Planning
Bud2et
Agenda Date Requested:
Requested By:
Source of Funds:
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits:
Ordinance #2003-2623-C
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
On July 28th City Council held a workshop to consider amending the mowing/clean-up abatement fees. Council
asked staff to amend Chapter 34 to include a requirement that the one-time annual notification letter be sent via both
"regular and registered mail". In addition, we were to amend Appendix A, mowing/clean-up abatement fees, by
including an increasing administrative fee in addition to a penalty fee for 4th & additional violations.
Since property owners have received multiple ordinance change notices this year and since six months of the
mowing season is complete, staff has drafted the ordinance to become effective January 01,2009. This will allow
the increasing administrative/penalty fee, that is based on the number of violations per year, to be applicable to a full
mowing season.
Action Required bv Council:
onsi r approval of an ordinance amending the mailing notification requirement and abatement fee schedule
_?J ~ j~
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ORDINANCE NO. 2003-2623-C
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 34-131
"SAME - SERVICE METHODS," AND AMENDING APPENDIX A "FEES"; PROVIDING A
REPEALING CLAUSE; CONT AINING 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 34-131 "Same - Service Methods," of the Code of Ordinances, La
Porte, Texas, is hereby amended to read as follows:
"Sec. 34-131. Same--Service Methods.
The notice provided for in Sections 34-129 and 34-130 shall be served personally on the owner
to whom it is directed or shall be given by letter via regular mail and registered/certified mail
addressed to such owner at his last known post office address. If personal service cannot be
made and the owner's address is unknown, such notice shall be given by publication at least two
times within ten (10) consecutive days in a newspaper of general circulation published within the
city; by posting the notice on or near the front door of each building on the property to which the
violation relates; or by posting the notice on a placard attached to a stake driven into the ground
on the property to which the violation relates, if the property contains no buildings."
Section 2: 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:
"Article IV. Unsanitary, Unsightly Conditions on Private Premises.
(a) Abatement Charges per Lot and/or Acre and also the Minimum Bill on Property
shall be:
Contractor Charge plus
+ 1 st Violation Administrative Charge of $100
+ 2nd Violation Administrative Charge of $150
+ 3rd Violation Administrative Charge of $200
+ 4th Violation & Additional Violations Administrative Charge of $200 + a $200
Recurring Offenses Charge
Ordinance # 2003-2623-C
Page 2
(b) Removal of Lien filed on Property $75.00 + Attorney Costs
(c) Owner Contracting Abatement with City
Abatement Charges per Lot and/or Acre and the Minimum Bill on Property shall
be:
Contractor Charge plus
+ 1 st Violation Administrative Charge of $100
+ 2nd Violation Administrative Charge of$150
+ 3rd Violation Administrative Charge of $200
+ 4th Violation & Additional Violations Administrative Charge of $200 + a $200
Recurring Offenses Charge"
Section 3: 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.
Section 4: 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 5. Any person, as defined in Section 1.07 (27), Texas Penal Code, who shall violate any
provision of the 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 ($2,000.00).
Section 6. 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
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Ordinance # 2003-2623-C
Page 3
Section 7. This Ordinance shall be effective January 01, 2009. 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 thJ~1- day of tru..j~\5.}- ,2008.
CIT~F LAPOR~ .
BY:VU:-~" \~
Mayor
~Ar4
City Secretary
APPROVED:
~~~
City Attorney
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