HomeMy WebLinkAboutOrdinance No. 350 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 3~(r~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AMENDING CHAPTER 10 OF THE CODE OF ORDINANCES OF
THE CITY OF THE COLONY RELATING TO WEEDS, TRASH AND
RUBBISH BY THE AMENDMENT OF CERTAIN SECTIONS
THEREOF; RELATING TO GROWTH HEIGHT LIMITATIONS IN
SPECIFIED AREAS; RELATING TO FAILURE TO COMPLY WITH
REGULATIONS; PROVIDING FOR A PENALTY; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR SEVERABILITY; PROVIDING
THAT THIS ARTICLE SHALL CONTROL OVER ALL ORDINANCES
OR PARTS OF ORDINANCES INCONSISTENT HEREWITH; PRO-
VIDING THAT THIS ARTICLE HAS BEEN EXACTED TO PROMOTE
THE HEALTH, SAFETY, MORALS AND GENERAL WELFARE OF
THE COMMUNITY; AND DECLARING AN EMERGENCY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That Chapter 10 of the Code of Ordinances of the City of
The Colony, Texas (the "City") relating to health and sanitation as amended in
the following particulars and all other Sections, Subsections, Paragraphs,
Sentences, Definitions, Phrases and Words of said Code of Ordinances are not
amended but shall remain intact and are hereby ratified, verified, approved and
affirmed:
A. That Section 10-82 is hereby amended to read as follows:
"Section 10-82. Growth or accumulation prohibited.
It shall be unlawful for the owner of any lot or lots within
the City to allow, suffer or permit the same to grown up with, or
the accumulation of, weeds, rubbish, brush, or any other ob-
jectionable, unsightly, or unsanitary matter of whatever nature."
B. That Section 10-83 is hereby amended to read as follows:
"Section 10-83. Growth height limitations in specified
areas.
(a) It shall be unlawful for any person owning, claiming,
leasing, occupying or having supervision or control of any real
property, occupied or unoccupied, within the city to permit weeds,
Johnson grass or brush to grow, notwithstanding such person did not
permit such growth, to a height greater than twelve inches, or to
allow the accumulation of any trash, rubbish or any other type of
objectionable or unsightly matter to accumulate, notwithstanding
such person did not permit such accumulation upon such property,
within one hundred and fifty feet (15) of any property line which
abuts street rights-of-way, alleys, utility easements, subdivided
additions, developed property or any buildings or other structures.
(b) It shall be the duty of any person owning, claiming,
leasing, occupying or having supervision or control of any property,
occupied or unoccupied, within the City to keep the area adjacent
to his property line including the front or side parkway between the
property line or sidewalk and the rear or side parkway between the
property line and the alley pavement or traveled way or if there
is no curb, then within ten (10) feet outside such property line free
and clear of the matter referred to above, provided, however, that
where the alleyway is not open unto traffic, that the parkway in
such cases shall be deemed to be between the property line and the
center line of 'the alley. All vegetation not regularly cultivated
and which exceeds twelve (12) inches in height, and all trash, debris
and rubbish which shall accumulate on such property, shall be
presumed to be objectionable and unsightly, except that regularly
cultivated crops shall not be allowed to grow within the right-of-
way o£ any public street or easement, but shall be kept mowed. It
shall be unlawful for any reason to fail to cut and remove said
weeds, Johnson grass or brush, notwithstanding such person did not
permit such growth, and it shall similarly be unlawful to fail to
remove such trash, rubbish, debris in any other type of ob-
jectionable or unsightly matter, notwithstanding such person did
not permit such accumulation to occur, referred to in this section
and above, and such failure shall constitute a violation of the terms
of this article."
C. That Section 10-84 is hereby amended to read as follows:
"Section 10-84. Failure to comply with regulations.
In the event that any person owning, leasing, claiming,
occupying or having supervision or control of any real property,
occupied or unoccupied, within the City, fails or refuses to cut
and/or remove the items enumerated above, within ten (10) days
after notice in writing, the City of The Colony may do such work
or cause the same to be done and may pay therefor and charge the
expenses incurred in doing or having such work done or im-
provements made, to the owner of such property as provided
for below."
D. That Section 10-86 is hereby amended to read as f~llows:
"Section 10-86. Penalty.
Any person, firm, corporation or association violating any of
the provisions of this article by failing to cut and/or remove the
weeds, grass, brush, or failing to remove any trash, debris, rubbish
or other objectionable or unsightly matter described herein as
required shall be deemed guilty of a misdemeanor and, upon
conviction in the municipal court of the city shall be subject to a
fine not to exceed the sum of two hundred dollars ($200.00) for
each offense, and each and every day that the premises shall
remain in a condition in violation of the terms of this article shall
constitute a continuing and separate offense, subject to application
of the full penalty contained herein. This section shall be in
addition to and cumulative of the provisions for the abatement of
the nuisance and the charging of the cost of the same against the
owner of the premises by the city."
Section 2. That the health and sanitation regulations as herein
established have been made for the purpose of promoting the health, safety,
morals and the general welfare of the community.
Section 3. This ordinance shall be cumulative of all other ordinances of
the City affecting health and sanitation and shah not repeal any of the
provisions of said ordinances except in those instances where provisions of those
ordinances are in direct conflict with the provisions of this ordinance.
Section 4. If any section, article, paragraph, sentence, clause, phrase,
or word in this ordinance, or application thereof to any person or circumstance
is held invalid or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions of the ordinance
and the City Council hereby declares it would have passed such remaining of the
ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
Section 5. The fact that the present health and sanitation ordinances
and regulations of the City are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the City creates
an emergency for the immediate preservation of the public business, property,
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health, safety and §eneral welfare of the public which requires that this
ordinance shaU beeome effective from and after the date of its final passage and
publication as provided by law and it is accordingly so ordained.
1985. PASSED AND APPROVED this the /~c---~ay o ~.~,.~-~k _..,
..... ~ayor, ~ty of The ColOny, Texas
ATTEST:
City Secretary, Cit~of The Colony, Texas
[SEAL]
APPROVED AS TO FORM:
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