HomeMy WebLinkAboutPO 5325:WEEDS/HIGH VEGETATION MEMORANDUM
COMMUNITY SERVICES DEPARTMENT
ENVIRONMENTAL SERVICES DIVISION
To: Steve Fitzgibbons, City Manager
From: Lawrence Baker, Director of Community Services
Date: March 27, 3003
Re: P.O. No. 5325 AMENDING SECTION 34-86 (Performance of the work by the city.),
ARTICLE 1II (WEEDS AND W1LD EXCESSIVE GROWTH OF VEGETATION), OF
CHAPTER 34 (ENVIRONMENT).
COMMENT
RECOMMENDATION: Staff'recommends that the City Council adopt P.O. No. 5325
which amends the above referenced section of the City's Weed Ordinance.
BACKGROUND: Chapter 342. Municipal Regulation of Sanitation, Subchapter A. Municipal
Regulation of Sanitation, Section 342.006 Work or Improvements by Municipality; Notice, State
of Texas Health and Safety Code now provides that: If the owner of property in the municipality
does not comply with a municipal ordinance or requirement under this chapter within seven days
of a violation, the City may do the work or the improvements required. The City's weed
ordinance currently provides a ten day period, after notification, for property owners to abate
violations of the weed ordinance.
BUDGET AND REVENUE IMPACT:
a budget amendment.
Adoption of this proposed ordinance will not require
STAFF LEVEL IMPACT: Adoption of this proposed ordinance will have no significant impact
on the department's staffing level.
SUMMARY: Staffrecommends that the City Council adopt Proposed Ordinance No. 5325
which amends the City's Weed Ordinance. Adoption of this amendment will allow City inspectors
and personnel to enforce the most current State sanitation rule regarding abatement of weed
nuisances.
FOR
ADMINISTRATIVE
USE
ONLY
REQUESTED BY: LAWRENCE BAKER,
COMMUNITY SERVICES DIRECTOR
PURPOSE: AMEND WEED AND BRUSH
ORDINANCE
PROPERTY LOCATION: ALL AREAS OF
THE CITY
P.O. No. 5325
03/27/03 LB/od
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 34-86
(PERFORMANCE OF WORK BY THE CITY), ARTICLE
Ill (WEEDS AND WILD EXCESSIVE GROWTH OF
VEGETATION) OF CHAPTER 34 (ENVIRONMENT), THE
CODE OF ORDINANCES OF THE CITY OF PORT
ARTHUR BY ESTABLISHING A SEVEN DAY PERIOD
FOR A PROPERTY OWNER TO ABATE A WEED
NUISANCE.
WHEREAS, the City Council of the City of Port Arthur desires to change the time
allowed for property owners to abate high grass, weeds or wild, excessive growth of vegetation
from a period often days to a period of seven days; and
WHEREAS, such amendment is by virtue of the power conferred upon the City by its
Charter and the provisions of V.T.C.A., Health and Safety Code Section 342.006 et seq.:
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR:
Section 1. That Section 34-86 (Performance of the work by the city.) Article III,
(WEEDS AND WILD EXCESSIVE GROWTH OF VEGETATION) of Chapter 34
(ENVIRONMENT) is amended in its entirety as follows:
P.O. No. 5325
03/27/03
page 2
Sec. 34-86. Performance of work by the city.
If the recipient of any such notices as provided in this article fails, neglects or refuses to
comply with the requiremems of such notice within the period of seven days, the city, by
virtue of the power conferred on it by its Charter and the provisions of V.T.C.A._ Health
and Safety Code Section 342.004 et seq., by and through the director of community
services, or his designee_ shall enter in and upon such premises and perform all work. acts
or things necessary to be done in compliance with the requirements of the notice, and
incur all necessary expenses in connection therewith. The director of community services,
or his designee, shall cause any recurrence of such violations as set forth in the original
notice to be corrected for a period of twelve months thereafter, without the necessity of
further notice. All such work and expenses, incurred in connection therewith, shall be
done on the account of and at the cost of the owner, agent or occupants of any such
premises, and is declared to be a personal charge against any such owner, agent or
occupant, and a lien upon such property as provided in this article.
Section 2 If any portion of this Ordinance is for any reason held invalid or
unconstitutional by any court or competent jurisdiction, such holding shall not effect the validity
of the remmmng portions thereo£
Section 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed,
but only to the extent of the confiict.
Section 4. Any person who violates any provision of this Ordinance shall be guilty of a
misdemeanor as provided in the Code of Ordinances, and each day a violation is permitted to exist
shall constitute a separate offense; a violation of a provision of this Ordinance governing fire
safety, zoning, or public health and sanitation, including the dumping of refuse, shall be punished
by a fine of not less than $50.00 nor more than $500 for the first offense and not less than
$100.00 nor more than $500.00 for subsequent convictions as denoted in Section 34-81 of this
Code of Ordinances.
P.O. No. 5325
03/27/03
page 3
Section 5. That this being an Ordinance which imposes a penalty, fine, or forfeiture, its
caption and penalty shall be published at least one (1) time within ten (10) days after final passage
hereof in the official newspaper of the City of Port Arthur. This Ordinance shall take effect
immediately after the date of publication.
TItAT, a copy of the caption of this Ordinance be spread upon the Minutes of the City
Council.
REAl), ADOPTED and APPROVED, this day of A.D., 2003,
at a Regular Meeting of the City Council of the City of Port Arthur. Texas. by the following vote:
AYES: Mayor:
Councilmembers:
NOES:
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
APPROVED FOR ADMINISTRATION:
Mayor
City Manager