The URL can be used to link to this page

Home My WebLink AboutOrdinance 3080ORDINANCE NO. 3080 AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 50 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND CONFORMING THE CITY'S GRAFFITI REGULATIONS TO RECENTLY ENACTED STATUTES, PROVIDING FOR NOTICE AND ABATEMENT OF GRAFFITI BY THE CITY; PROVIDING FOR ASSESSMENT OF EXPENSES AGAINST THE PROPERTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of North Richland Hills is a home rule municipality located in Tarrant County, created in accordance with the provisions of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code and operating pursuant to its charter and laws of the State of Texas; and WHEREAS, the city council finds that graffiti is detrimental to the safety and welfare of the public, tends to reduce the value of private property, and invites vandalism and additional graffiti; and WHEREAS, the control of graffiti is within the police power of the city; and WHEREAS, recent statutory changes require amendments to the city's existing regulations of graffiti; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: SECTION 1. Sections 50-43 and 50-44 of the North Richland Hills Code of Ordinances are amended to read as follows: "Sec. 50-43. Removal of graffiti. If graffiti is located on private property and is visible from other private or public property, the city manager or designee may contact the owner of property upon which the graffiti has been placed, require that the graffiti be removed within fifteen (15) days of receipt of such notice, and offer to remove the graffiti at no cost to the property owner if such offer is accepted within a stated time. Date of receipt of notice shall be presumed to be the third day after the notice is given by any of the methods provided by Sec. 50-44. The owner of property within the City must remove the graffiti from the owner's property on receipt of notice from the city manager or designee. If the property owner fails to remove the graffiti Ordinance No. 3080 Page 1 of 4 and fails to accept the offer to remove the graffiti within the time provided by such notice, the owner will be deemed to have committed an offense. Failure to accept such offer within the time provided shall be deemed a refusal of such offer. Sec. 50-44. Notice and abatement by City. (A) If the property owner refuses the offer described in Sec. 50-43, and fails to remove the graffiti on or before the 15t" day after receipt of such notice, the city manager or designee may remove the graffiti and charge the expenses of removal to the property owner in accordance with the City's fee schedule. (B) The notice required by Sec. 50-43 must be given: (1) personally to the owner in writing; or (2) by letter sent by certified mail, addressed to the property owner at the property owner's address as contained in the records of the appraisal district in which the property is located; or (3) if service cannot be obtained under Subdivision (1) or (2): (a) by publication at least once in a newspaper of general circulation in the city; (b) by posting the notice on or near the front door of each building on the property to which the notice relates; or (c) by posting the notice on a placard attached to a stake driven into the ground on the property to which the notice relates. (C) The expenses incurred under Subsection (A) may be assessed against the property on which the work is performed to remove the graffiti. (D) To obtain a lien against the property for expenses incurred under Subsection (A), a statement of expenses shall be filed with the county clerk. The statement of expenses must contain: (1) the name of the property owner, if known; (2) the legal description of the property; and (3) the amount of expenses incurred under Subsection (A). Ordinance No. 3080 Page 2 of 4 (E) Alien described by Subsection (D) attaches to the property on the date on which the statement of expenses is filed in the real property records of the county in which the property is located and is subordinate to: (1) any previously recorded lien; and (2) the rights of a purchaser or lender for value who acquires an interest in the property subject to the lien before the statement of expenses is filed as described by Subsection (D). (F) It shall be an exception from the requirement that an owner remove graffiti from the owner's property if: (1) the graffiti is located on transportation infrastructure; and (2) the removal of the graffiti would create a hazard for the person performing the removal." SECTION 2. Cumulative. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of North Richland Hills, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances or the Code, in which event the terms of this ordinance shall prevail over the conflicting provisions of other ordinances, but such other ordinances shall be deemed to be repealed only to the extent of such conflict and shall otherwise continue in full force and effect. SECTION 3. Severability. It is hereby declared to be the intention of the city council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the city council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. Penalty. Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than $500 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. Newspaper Publication. The city secretary is directed to publish this ordinance, or its caption and penalty clause, in the official city newspaper as required by the Texas Local Government Code. Ordinance No. 3080 Page 3 of 4 SECTION 6. Effective Date. This ordinance shall be in full force and effect from and after its final passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on this the 9th day of November, 2009. s``~`~ ~~.C H.~,qN '~i ,~~*.• •., ~-:~ n :yr ;~EST:r ~ cn 4lG~Gc; Pa ,~ , ~ Secretary CITY OF RTH CHLAND HILLS By: Oscar Trevino, Mayor P V AS O FORM AND LEGALITY: George les, City Attorney APPROVED AS TO C,O~N~ENT.: yP, e, Assistant City Manager Ordinance No. 3080 Page 4 of 4 INVOICE Star - Telegram Customer ID: CIT13 400 W. 7TH STREET Invoice Number: 307622131 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 11/20/2009 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 11/30/2009 Bill To: CITY OF NORTH RICHLAND HILLS /SE PO Number: PO BOX 820609 Order Number: 30762213 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: CITY OF NORTH RI Attn: STACEY HARRISON ■` Pub Dates:l 1/19/2009 11/20/200 Ow CITY OF H RICHLAND C Hll� CITY OF NORTI ORDINANCE 1 64 64 LINE $0.36 $46.08 3 8 0 N17. An ordinance amend- ing Article 111 of Sales Discount Chapter 40 of the North Richland Hills ($5.00) Code of Ordinances and conforming the city's graffiti regu- Misc Fee lations to recently $5.00 enacted statutes, providing for notice and abatement of graffiti by the city; providing for as- sessment of ex- penses against the - property; providing Net Amount $46.08 that this ordinance shall be cumulative of . all ordinances; providing a sever - ability clause; pro- viding a penalty; providing a savings clause; providing for publication in the official newspaper; and providing an effective date. Penalty. Any person, ' o s�� firm, or corporation who violates, dis- CHRISTY L. HOLLAND obeys, omits, ne- ° glects, or refuses to MV Commission FXOirP.S i comply with or who •'} Ilily' ;t, 7 +�12 THE STATE OF l resists the enforce , a s', ment of any of the .•.. , < ..... ... ...... ._, County of Tarrant provisions of this ordinance shall be fined not more than g500 for each of- Before me, a Not, Tense. Each day that ty and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram a mit v t ' e a d latio to exist shall am, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached rate t o ffense 5epa as published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390 -7501 Passed and Approved on this 9th day of November, Trevino , /s /Oscar Trevino `(`�\ Oscar Trevino -Mayor Signed i ATTEST: /s /Patricia Hutson SUBSCRIBED A� P s ricia H utson - city THIS Tuesday, N e 24, 2009. APPROVE AS TO FORM AND LEGAL- ITY: Nota Public /s /George Staples Not George Staples - City Attorney Thank You For Your Payment --------------------------------------------- _ Remit To: Star - Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101 -2051 Invoice Number: 307622131 Invoice Amount: $46.08 PO Number: Amount Enclosed: