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HomeMy WebLinkAbout(5) ALLEY & DITCH MAINTENANCE CITY OF PORT ARTHUR Public Works Department MEMORANDUM TO: Stephen B. Fitzgibbons, City Manager / ~~- 'V FROM: Ross E. Blackketter, P. E., Director of Public Works 4 DATE: 29 May 2009 RE: Alley Maintenance A request was made in Council to consider having City crews clear brush and overgrown weeds from alleys in order for citizens to provide regular maintenance thereafter. This has been tried repeatedly in the past, but hasn't had the desired result, because the adjacent property owners do not keep the alleys as required. This allows the alleys to become overgrown to the point where normal mowing isn't possible. This is the current situation. Mowing of the alleys is the responsibility of the adjacent properly owners according to Sec. 34- 81 of the Code of Ordinances (attached). The City only maintains alleys where necessary to provide City services, such as garbage pickup. This is confined to the paved alleys in the downtown area. In spite of City Ordinances, City crews can be used to clear the brush and open up the alleys for mowing, but, as long as the property owners do not do their part, then the situation will not improve. Please call me if you have any questions. cc: John A. Comeaux, P.E., Assistant City Manager/Operations Lawrence Baker, Director of Community Services Z:\engineer\documents\memos\Alley Mnx Report.doc Page 1 of 1 AARTICLE III. WEEDS AND WILD EXCESSIVE GROWTH OF VEGETATION Page 1 of 2 ARTICLE III. WEEDS AND WILD EXCESSIVE GROWTH OF VEGETATION Sec. 34-81. Permitting growth of weeds on lots or premises. (a) It shall be unlawful and constitute an offense and creation and maintenance of a public nuisance for any person who shall own or occupy any lot or premises to suffer or permit weeds, grass or uncultivated plants other than trees to grow upon such lot or premises within 100 feet of the property line of developed property, residential or commercial structure, or any developed street right-of-way, to a greater height than 12 inches on an average. (b) It shall be unlawful and constitute an offense and creation and maintenance of a public nuisance for any person who shall own or occupy any lot or premises to suffer or permit weeds, grass or uncultivated plants other than trees to grow to a greater height than 12 inches on that portion of street or alley right-of-way which abuts such lot or premises between the centerline of such right-of-way and the property line of such lot or premises. (c) It shall be unlawful and constitute an offense and creation and maintenance of a public nuisance for any person who shall own or occupy any lot or premises to: (1) suffer or permit weeds, grass, uncultivated plants or trees to grow in roadside ditches such that the flow of storm water is impeded; (2) suffer or permit same to block the entrances to driveway culverts, sidewalk culverts or throats of catch basins; or (3) fail to keep ditches and culverts free of debris or any other obstacle that will prevent the free flow of water. (d) Rights-of-way meeting any of the following shall not be the responsibility of the abutting owner or occupants: (1) Ditches exceeding a depth of four feet or ditches that would create an undue hardship on the property owners as determined by the city manager or his designee; (2) Rights-of-way which governmental entities have a contractual or legal obligation to maintain; (3) Major arterial streets as determined by the city manager or his designee; (4) Unpaved dedicated street rights-of-way; (5) Street medians; (6) Property owned in fee by the city. (e) If it is shown that a person has violated this section, the defendant, upon conviction, shall be punished by a fine of not less than $50.00 nor more than $500.00 for each offense. (f) Upon a second conviction for a violation of this section, the defendant shall be punished by a fine of not less than $100.00 nor more than $500.00 for each offense. (g) In addition to the fines and penalties provided for in this section, if a person owning any lot or premises in violation of this section fails or refuses, after notice, to cut such weeds, grass or uncultivated plants, the designated enforcement officer may cause such weeds, grass or uncultivated plants to be cut, and the defendant shall be billed accordingly as delineated in section 34-87. (h) In any prosecution charging a violation of this section, proof that the person whose name is listed on the tax rolls of the city as being the owner of the lot or premises found to be in violation shall constitute in evidence a prima facie presumption that such person is the owner of such lot or premises; provided, however, that such presumption may be rebutted by the person charged with violating this section with evidence to the contrary; and provided further that the presumption established in this subsection shall have the evidentiary consequences http://library7.municode.com/default-test/DocView/1 1444/1 /1 03/1 06?hilite=alley;alleys; 5/28/2009 PARTICLE III. WEEDS AND WILD EXCESSIVE GROWTH OF VEGETATION Page 2 of 2 enumerated in V.T.C.A., Penal Code § 2.01 et seq. (Code 1961, § 10-18; Ord. No. 03-055, § 2, 11-25-2003) http://library7.municode.com/default-test/DocView/1 1444/1/1 03 /1 06?hilite=alley;alleys; 5/28/2009 CITY OF PORT ARTHUR Public Works Department MEMORANDUM TO: Stephen B. Fitzgibbons, City Manager FROM: Ross E. Blackketter, P. E., Director of Public Works ~~ DATE: 29 May 2009 RE: Drainage Ditch Maintenance Maintenance and regrading of ditches throughout the City is an ongoing effort by the Drainage Division. We currently have four (4) drainage crews that do ditching year-round in addition to storm drain construction and responding to complaints and drainage problems. In January, the Council approved a budget amendment that authorized the creation of a new drainage crew. We recently purchased a new Gradall, and are in the process of purchasing new dump trucks and a pickup to fill the equipment required for this crew. In addition to normal activities, we are applying for additional funding under the Hurricane Ike Recovery ORCA grant. The application includes $7.2 million for drainage, which includes construction of new underground storm lines and ditching improvements. Of the $7.2 million, $4 million will be contracted out, and the remaining $3.2 million will be done by City drainage. If the City receives the amount requested, we plan to request that the Council authorize another drainage crew and associated equipment. This crew, plus the crew being filled now, will be utilized in improving the roadside ditches in Sabine Pass and Port Acres. This activity will be charged against the grant at FEMA rates, and it is anticipated that this will reimburse much of the cost of the new equipment and personnel. Once the grant projects are complete, the two new crews will then be used to increase the regular ditch maintenance activities throughout the city. Please call me if you have any questions. cc: John A. Comeaux, P.E., Assistant City Manager/Operations Z:\engineer\documents\memos\Drainage Report.doc Page 1 of 1 City of Port Arthur Memorandum TO: Stephen B. Fitzgibbons, City Manager DATE: 05/29/09 FROM: Dr. Albert T. Thigpen, Director of Human Resources' ~y RE: National Emergency Grant (NEG) Equipment Rental Program Ref. Alley Clean- . Up COMMENT As you are awaze, the City has been a recipient of grant funding under the National Emergency Grant Program via the Workforce Solutions of Southeast Texas Boazd. This funding is to rent equipment to assist in performing tasks related to the City's Hurricane Ike restoration and recovery. One of the tasks to be considered is the cleazing of the significant plant overgrowth and trash/debris build-up in the City's alley-ways. The NEG Program is scheduled to end June 30, 2009; however, a combined effort of the Public Works, Utitity Operations, and Pazks and Recreation Department using the available funds to rent the appropriate equipment [dozers] could have a significant impact in clearing the referenced plant growth and trash/debris build-up. The original grant funding level was $ 265,709.97 of which it is estimated under $ 200,000.00 remains. Please advise should need information.