HomeMy WebLinkAboutOrdinance No. 769 CITY OF THE COLONY, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
THE CODE OF ORDINANCES OF THE CITY BY AMENDING CHAPTER
10, ARTICLE V RELATING TO WEEDS, TRASH AND RUBBISH; BY
AMENDING SECTION 10-83 RELATING TO GROWTH HEIGHT
LIMITATIONS IN SPECIFIED AREAS; AMENDING SECTION 10-84
RELATING TO COMPLIANCE WITH REGULATIONS; AMENDING
SECTION 10-85 RELATING TO CAUSING WORK TO BE DONE; AND
SECTION 10-86 RELATING TO PENALTY; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL
BE CUMULATIVE OF ALL OTHER ORDINANCES OF THE CITY
RELATING TO WEEDS, TRASH AND RUBBISH, EXCEPT TO THE
EXTENT OF CONFLICT HEREWITH; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2000.00) AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMIq[TED EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE
NOYV, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That Chapter 10, Article V relating to Weeds, Trash and Rubbish is
hereby amended in the following particulars.
Section 2. That Section 10-83 (b) is hereby amended in the following particulars:
"...It shall be unlawful for any reason to allow weeds grass or brush, notwithstanding
such person did not permit such growth to exceed 12 inches in height, and it shall be
similarly unlawful to allow trash, rubbish, debris or any other type of objectionable
or unsightly matter, notwithstanding such persons did not permit such accumulation
to occur to accumulate on property as referred to in this section and above.
Permitting such acts shall constitute a violation of the terms of this article."
Section 3. That Section 10-84 is hereby amended in the following particulars:
"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,
refuses to cut and/or remove the items enumerated above, or allows the items
enumerated above to remain in violation of this section, within 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 improvements made, to the owner of such property as provided for below.
Section 4. That Section 10-85 is hereby amended in the following particulars:
"If any person allows non-compliance with this section to occur, the city may go upon
such property and do or cause to be done the work necessary to obtain compliance
with the provisions of this article...."
Section 5. That Section 10-86 is hereby amended in the following particulars:
"Any person, firm, corporation or association violating any of the provisions of this
article by permitting grass, weeds and brush to grow and accumulate in violation of
this article or allowing trash, debris, rubbish or other objectionable or unsightly
matter described herein as required to accumulate shall be deemed guilty of a
m/sdemeanor ....... "
Section 6. If any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance; and the City Council hereby declares
it would have passed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
Section 7. That this ordinance shall be cumulative of all other ordinances of the City
food service establishments and/or food stores, and shall 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 8. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in
a sum not to exceed Two Thousand Dollars ($2000.00) for each offense and a separate
offense shall be deemed committed upon each day during or on which a violation occurs or
continues.
Section 9. This ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide, and it is
accordingly so ordained.
PASSED~AiND APPROVED by the City
Texas on this the /-d/°c:ffday of~, Council of the City of The Colony,
1992.
Will~an~"'W. IV~anning, May~
ATTEST:
Patti A. Hicks, CMC/AAE, City Secretary
APPROVED AS TO FORM:
City Attorney