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Home My WebLink AboutOrdinance 2907 ORDINANCE NO. 2907 AN ORDINANCE AMENDING CHAPTER 34 OF THE NORTH RICH LAND HILLS CODE OF ORDINANCES ADDING TO THE DEFINED PUBLIC NUISANCES THEREIN THE FAILURE TO KEEP GRASS, WEEDS AND UNCULTIVATED VEGETATION WITHIN THREE FEET OF STRUCTURES AND FENCES UNDER TEN INCHES IN HEIGHT; THE FAILURE TO REMOVE TRASH BEFORE MOWING OR WEED EATING; AND MAKING IT A MISDEMEANOR FOR A PERSON IN CHARGE OF PREMISES TO FAIL TO ABATE A DEFINED PUBLIC NUISANCE OR CORRECT A PROHIBITED CONDITION AFTER NOTICE; AMENDING SECTIONS 34-75 AND APPENDIX A OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES; ELIMINATING SET CHARGES FOR MOWING AND SUBSTITUTING ACTUAL COSTS PLUS AN ADMINISTRATIVE FEE ESTABLISHING NOTICE REQUIREMENTS; ESTABLISHING A PENAL TV; PROVIDING FOR SEVERABILITY AND FOR PUBLICATION. WHEREAS, staff has requested amendments to Chapter 34 of the Code of Ordinances to permit issuance of citations to persons in charge of property who fail to abate nuisances of correct prohibited conditions after notice, adding defined nuisances prohibited by ordinance and; NOW, THEREFORE; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Article I of Chapter 34 of the North Richland Hills Code of Ordinances is hereby amended by adding Section 34-1 which shall read as follows: "Sec. 34-1. Nuisances prohibited; violations. Any person who owns or in charge of premises on which a condition prohibited by or a public nuisance is defined by this Chapter shall be deemed guilty of a misdemeanor if such nuisance or condition is not corrected within the time required by notice to such owner or person in charge of such premises." Section 2. THAT Section 34-33 of the North Richland Hills Code of Ordinances is hereby amended by adding thereto a new Subsection (26) which shall read as follows: "Sec. 34-33 Specific Nuisances Without limiting the power of the city council to hereafter declare as public nuisances any other act, condition, or thing, by ordinance, the following specific acts, conditions, and things are each and all of them are hereby declared to be and constitute public nuisances: Ordinance No. 2907 Page 1 of 4 (26) Mowing or weed eating without first removing trash and debris which will be scattered by the mowing or weed eating process." Section 3. THAT Sec. 34-37 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34-37. Notice of violation. Whenever it is determined that a violation of this article exists, except where a different notification requirement is established in this article, the code enforcement officer shall give notice to the owner of the property as provided in Sec. 34-38 and/or to the person in charge of such property in the same time and manner as provided by such section for notice to the owner." Section 4. THAT Sec. 34-42(b) of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 34-42. Recovery of Costs. (b) Administrative fee. An administrative fee shall be assessed for each charge. Such fee is established for 2006 in Appendix A. The director of Finance shall review the administrative fee annually and adjust the fee by the increase in the DFW Consumer Price Index for the preceding 12 months as established by the Department of Commerce. " Section 5. THAT Sec. 34-71(a) if the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34-71. Height limitations. (a) General limitation. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, on an average, or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. In the case of agricultural tracts of five acres or larger, this article will be satisfied if the hay or grass is kept mowed to a height no greater than ten inches for a distance of 100 feet around the entire perimeter of the tract. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a Ordinance No. 2907 Page 2 of 4 greater height than ten inches, on an average, or to grow to a height of more than ten inches along the perimeter or around trees, or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. In the case of agricultural tracts of five acres or larger, this article will be satisfied if the hay or grass is kept mowed to a height no greater than ten inches for a distance of 100 feet around the entire perimeter of the tract. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit uncultivated plants, grass or weeds to grow to a height of more than ten inches within three feet of the perimeter of such property, or of any structure or fence on such property or of any adjacent street or sidewalk." Section 6. THAT Sec. 34-73 of the North Richland Hills Code of Ordinances be amended to read as follows: "Sec. 34-73 Notice of violation. Whenever it is determined that a violation of this article exists, the director of neighborhood services or as otherwise directed by the city manager shall give notice of such violation to the owner of such property as provided in sections 34- 73 and/or to the person in charge of such property in the same time and manner as provided by such section for notice to the owner." Section 7. THAT Sec. 34-75(b) of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34-75. Charges for abatement by City. (b) Charges. The city's charge for abatement under this Article shall be the administrative fee established in Appendix A for each parcel or lot plus the actual cost of clearing, cleanup and mowing." Section 8. THAT Appendix A of the North Richland Hills Code of Ordinances be amended by deleting all fees under Chapter 34 except the Administrative fees established therein. Section 9. Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed Five Hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 10. THAT the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of any section, subsection, sentence, clause or phrase Ordinance No. 2907 Page 3 of 4 of this ordinance should be declared to be invalid, the same shall not affect the validity of any other section, subsection, sentence, clause or phrase of this ordinance. Section 11. THAT the City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses hereof. PASSED AND APPROVED this 23rd day of October, 2006. S Patricia Hutson, City Secretary AP~AND LEGALITY: George A. Staples, City Attorney n Stout, Director of Neighborhood Services Ordinance No. 2907 Page 4 of 4 INVOICE ,, , ' ,, Star-Telegram Customer ID: CIT13 400 W.7TH STREET Invoice Number: 277100601 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/10/06 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 11/30/06 Bill To: PO Number: CITY OF N RICHLAND HILLS/SECRET PO BOX 820609 Order Number: 27710060 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI At STACEY HARRISON Publication Dates: 11/9/06- 11/10/06 Description Location Col Depth Linage MU Rate Amount CITY OF NORTH RICHLAND HILLS I3580 1 75 75 LINE $0.36 $54.00 CITY OF NORTH RORDINANCE LS ORDINANCE 2907 An ordinance amend- Net Amount: $54.00 ing Chapter 34 of the North Richland Hills Code of Ordinances adding to the defined public nuisances therein the failure to keep grass, weeds and uncultivated vegetation within three feet of struc- tures and fences un- der ten inches in height; the failure to remove trash before mowing or weed eating; and making it a misdemeanor for a person in charge of premises to fail to abate a defined public nuisance or correct a prohibited condition ' after notice;amending Sections 34-75 and Appendix A of the , North Richland Hills • Code of Ordinances; ' • . eliminating set charges for mowing THE STATE OF TEXAS and substituting luting ac- . r plus an County of Tarrant administrative fee establishing notice requirements; estab- lishingg a penalty; Before me,a Notary Public abilitdi andf for sever- /and State,t is day personally appeared Lisa Wesselman, Bid and Legal Coordinator y publi- Y P Y PP 9 for the ram,publi bli cation• g Any person, firm or tram;Inc.at a Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the a coryp pr Lion provision violating I advertiieme t was published in tie above named paper on the listed tes: BIDS& LEGAL DEPT. STAR TELEGRA ordinance shall of be \1111{{11 ! ��'�� (817) 390-7320 deemed e guilty and ,\\\\ NP MAR/�✓��,// upon final conviction \ C thereof fined in an �� :�OS{1f1Y/�(%'.�� amount not to exceed 4'.p Five Hundred Dollars fined • `I_ 0•,...- ($500.00). Each day any such violation shall be allowed to - : �1 SUBSCRIBED AND SWORN T( continue shall consti- adnesday, November 5, 2006. . TA • lute a separate vio- ••lation and punishable Si hereunder.p �y , i •• 9��,,OFTE�PS Passed and Approved Mary Public s — -ice ••:ti/RE$ on this 23rd day of .•...• /s/Oscar T e evinoMayor ////// % lO{1111\\\\\\\\ ATTEST: Thank You For Your /s/Patricia Hutson Patricia Hutson - City Secretary APPROVED AS TO FORM AND LEGAL- ITY: /s/George Staples George Staples - City Attorney Remit To: Star-Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF N RICHLAND HIL FORT WORTH,TX 76101-2051 Invoice Number: 277100601 Invoice Amount: $54.00 PO Number: Amount Enclosed: $