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HomeMy WebLinkAboutO-2010-3277 amending city’s mowing regulations B REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: September 27. 2010 Budeet Requested By: D. Wilmore Source of Funds: Department: Planning Account Number: Report: Resolution: Ordinance: x Amount Budgeted: Exhibits: Code of Ordinance - Sect. 34-126 thru Sect. 34-136 Amount Requested: Exhibits: Budgeted Item: YES NO Exhibits SUMMARY & RECOMMENDATION Chapter 34, Environment, of the City's Code of Ordinances includes mowing regulations. As currently written, properties with weeds more than 12" on lots and 18" on acreage constitute a public nuisance where located within 150 feet ofthe property line of a residence or place of business. Council held a workshop on September 13th to discuss a possible amendment requiring developments or subdivisions, regardless of distance to a residence or place of business, to maintain their properties at a height less than 18" in height. This regulation would apply once the project's final plat is approved and accepted by the City. At the close ofthat workshop, Council directed staffto proceed with the change. Attached is the ordinance that implements the discussed change. Action Required bv Council: C side approval or other action on the ordinance amending the city's mowing regulations 1 ! JJ-Ilb Date ORDINANCE NO. 2010- 3277 AN ORDINANCE AMENDING CHAPTER 34 "ENVIRONMENT" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING ARTICLE IV. "UNSANIT ARY , UNSIGHTLY CONDITIONS ON PRIV ATE PREMISES," SECTION 34-128 "PROHIBITED CONDITIONS DESIGNATED", BY PROHIBITING NUISANCES ON DEVELOPMENTS AND SUBDIVISIONS WITH AN APPROVED PLAT; 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 34-128 "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 ofa 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) 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 development or subdivision with a completed final plat accepted by the City. The acreage property shall be maintained, including both the interior site as well as the perimeter along the exterior of the site, regardless of its distance from the property line of a residence or place of business. Ordinance # 2010- ~ 1 '1 Page 2 (4) 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." Section 2: 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 3: 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 ofthis ordinance are declared to be severable. Section 4. 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 5. 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 6. 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 once within ten 2 Ordinance # 2010- 3:2. '{J Page 3 (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 Jrf'--day of ~tJe/ ,2010. By: ATTEST: City Secretary AP~ . .ssist City Attar ~ 3 Sec. 34-126. - Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Acreage means a tract of land that is in excess of three-quarters of an acre (32,670 sq. ft.) in land area. Any and all other objectionable, unsightly or insanitary matter of whatever nature means all uncultivated vegetable growth, objects and matters not included within the meaning of the other terms as defined in this section, which are liable to produce or tend to produce an unhealthy, unwholesome or insanitary condition to the premises within the general locality where such conditions are situated, and shall also include any species of ragweed or other vegetable growth which might or may tend to be unhealthy to individuals residing within the general locality of where such conditions are situated. Brush means all trees or shrubbery under seven feet in height which are not cultivated or cared for by persons owning or controlling the premises. 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 curbline 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. Nuisance means whatever is dangerous to human health or welfare, or whatever renders the ground, water, air or food a hazard or an injury to human health. Rubbish means all refuse, rejected tin cans, old vessels of all sorts, useless articles, discarded clothing and textiles of all sorts and, in general, all litter and all other things usually included within the meaning of such term. Weeds means all rank and uncultivated vegetable growth or matter which has grown to more than 12 inches on lots and 18 inches on acreage or which, regardless of height, is liable to become an unwholesome or decaying mass or a breeding place for mosquitoes or vermin. (Code 1970, ~ 13-21; Ord. No. 2003-2623-A, ~ 1,1-14-08; Ord. No. 2003-2623-8, ~ 1, 6-23-08) Cross reference-Definitions generally, ~ 1-2. 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. (Code 1970, ~ 13-22; Ord. No. 2003-2623-A, ~ 2, 1-14-08; Ord. No. 2003-2623-8, ~ 2,6-23-08) 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. (I (4) 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. (Code 1970, ~ 13-22; Ord. No. 2003-2623-A, S 3, 1-14-08) State law reference-Authority of city to prohibit conditions described in this section, V.T.e.A., Health and Safety Code SS 342.001-342.004. Sec. 34-129. - Notice-Issuance. Whenever the existence of any nuisance or other prohibited condition on any lot or parcel of real estate situated within the city shall come to the knowledge of the director of planning or his duly designated agents, it shall be his duty to forthwith cause a written notice to be issued to the person owning such lot or parcel as provided in V.T.C.A., Health and Safety Code S 342.006(b). (Code 1970, ~ 13-24) 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. (Code 1970, S 13-25(a); Ord. No. 2003-2623, S 2,4-14-03) State law reference-Authority of city to correct or remove conditions described in this section, notice, V.T.C.A., Health and Safety Code S 342.006. 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 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. (Code 1970, 9 13-26; Ord. No. 2003-2623-C, * 1, 8-25-08) 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. (Code 1970, 9913-25(b), 13-27; Om. No. 1837, 91,4-27-92; Ord. No. 2003-2623, 91, 4-14-03; Ord. No. 2003-2623-A, 94, 1-14-08} State law reference-Authority of city to correct or remove conditions described in this article, V.T.C.A., Health and Safety Code S 342.006. Sec. 34-133. - Same-Filing of statement of expenses incurred. After compiling the cost of the work as provided for in section 34-132, and after charging the costs against the owner of the premises, the director of planning or his duly designated agents shall certify a statement of such expenses to the customer service division, who shall bill the property owner and shall file the statement with the county clerk. The cost to remove the lien filed on the property shall be in an amount, per property, to be established by the city and listed in appendix A of this Code. (Code 1970, 9 13-28; Ord. No. 1837,92, 4-27-92) State law reference-Statement to be filed, V.T.C.A., Health and Safety Code S 342.007(b). Sec. 34-134. - Same-Lien for and collection of expenses. Upon filing the statement of expenses with the county clerk as provided for in section 34-133, the city shall have a privileged lien upon the land described therein and upon which such improvements have been made, in accordance with the provisions ofV.T.C.A., Health and Safety Code ~ 342.001 et seq. Such liens shall be second only to tax liens and liens for street improvements to secure the expenditures so made, and shall bear ten percent interest on the amount of such expenditures from the date of such payment by the city. For any such expenditures and interest, suit may be instituted by the city attorney and recovery and foreclosure of the lien may be had in the name of the city, and the statement of expenses made in accord with section 34-133, or a certified copy thereof, shall be prima facie proof of the amount expended in such work or improvements. Upon payment of the full charges assessed against any property, pursuant to the procedure set forth in this section, the director of planning or his duly designated agents shall be authorized to execute, for and in behalf of the city, a written release of the lien heretofore mentioned, such written release to be on a form prepared and approved in each case by the city attorney. (Code 1970, 913-29) State law reference-Similar provisions, V.T.C.A., Health and Safety Code ~ 342.007. Sec. 34-135. - Same-At owner's request. Any owner of vacant property in the city shall have the right to contract with the city to remove all such weeds and vegetation as may grow on such real estate by requesting, in writing, the director of planning or his duly designated agents so to do, and by agreeing to the charges to be paid therefor in amounts established by the city and listed in appendix A of this Code. (Code 1970,913-30; Ord. No. 1837,93, 4-27-92) Sec. 34-136. - Same-Inspection division to handle payments and issue receipts. All payments of money by and collections of money from property owners for the purpose of paying the city for expenses in cutting weeds, or abating other nuisances pursuant to the provisions of this article shall be handled by the inspection division, and a proper receipt issued therefor. Such receipts and the necessary records in connection therewith shall be prepared and handled and maintained as a permanent record, and such sums of money shall be handled in the form and manner prescribed by the director of finance. (Code 1970,973-31) Sees. 34-137-34-165. - Reserved.