HomeMy WebLinkAboutOrdinance No. 882 ORIGINAL
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AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING
THE FOLLOWING PROVISION OF THE CODE OF ORDINANCES: (1)
CHAPTER 6 (BUILDINGS; CONSTRUCTION AND RELATED
ACTIVITIES); BY AMENDING ARTICLE I (RELATING TO THE
ADOPTION OF THE UNIFORM BUILDING CODE AND OTHER
UNIFORM CODES) AND ARTICLE HI (FENCES) THEREOF, (2)
CHAPTER 10 (HEALTH AND SANITATION) BY AMENDING ARTICLE
V (WEEDS, TRASH AND RUBBISH) THEREOF, AND (3) CHAPTER 12
(MUNICIPAL UTILITIES AND SERVICES) BY AMENDING ARTICLE H
(SOLID WASTE DISPOSAL) THEREOF; ALL AS SET FORTH HEREIN;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF THE COLONY, TEXAS:
Section 1. The Code of Ordinances of the City of The Colony, Texas is hereby
amended by amending Chapter 7 (Buildings; Construction and Related Activities), Chapter 10
(Health and Sanitation) and Chapter 12 (Municipal Utilities and Services) in the following
particulars, and that all other chapters, articles, sections, subsections, paragraphs, sentences,
phrases and words of said Code are not amended but are hereby ratified and affh'med:
A. Chapter 6 of the Code is amended as follows:
1. Section 6-1 CBuilding code adopted and amended") is amended in part by
amending subsection (b) (3) thereof so that it shall read as follows:
"(3) Section 109.1 of the Uniform Building Code, 1994 Edition, is hereby
amended in its entirety to read as follows:
109.1 Use and Occupancy. No building or structure shall be used or occupied and
no change in the existing occupancy classification of a building or structure or
portion, thereof shall and be made, and no change in the ownership of any
building or structure or in the tenant or occupant of any building or structure shall
occur, until the building official or the building official's designee has issued a
certificate of occupancy as provided herein. Where a building is occupied or to
be occupied by a person other than the owner thereof, it shall be the duty of the
owner of such building or structure, the property manager holding a single family
residence license for the building or structure, and/or the tenant or occupant
thereof to secure the certificate of occupancy from the building official or the
building official's designee.
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Issuance of a certificate of occupancy shall not be construed as an approval of a
violation of the provisions of this code or of other ordinances of the jurisdiction.
Certificates presuming to give authority to violate or cancel the provisions of this
code or other ordinances of the jurisdiction shall not be valid."
2. Section 6-74 relating to the protrusion of fences over public property is amended
to read as follows:
"Sec. 6-74 Public property.
No fence or guy wires, braces or posts of such fence shall be constructed upon or
caused, allowed or permitted to protrude over property that the city or the general
public has dominion and control over, owns or has an easement over, under,
around or through, except upon utility easements which are permitted to be
fenced."
3. Section 6-77 relating to the inspection of fences is amended to read as
follows:
"Sec. 6-77.Inspection
Upon completion of installation of any fence, the building official shall be called
upon for inspection thereof. A certificate of acceptance or a rejection slip
indicating the defects in the fence will then be issued by the building official or
the building official's designee. All fences constructed under the provisions of this
article shall be maintained in proper working condition and in good repair and so
as to comply with the requirements of this article at all times."
B. Chapter 10 of the Code is hereby amended by amending Section 10-83 of Article
V (Weeds, Trash and Rubbish) thereof so that the said Section shall thereafter read as follows:
"Sec. 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:
(1) permit weeds; or grass to grow to a height greater than twelve (12)
inches or brash to accumulate on such property, notwithstanding
such person(s) did not permit such growth or accumulation, and
provided that such growth or accumulation occurs within one
hundred fifty (150) feet of any property line which abuts street
rights-of-way, alleys, utility easements, subdivided additions,
developed property or any buildings or other structures; or
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(2) allow any trash, rubbish or any other type of objectionable material
or unsightly matter (including, without way of limitation, stacks of
old lumber, scrap materials, demolished or partly demolished
buildings or structures, piles of stones, bricks or broken rock, or
fence panels) to accumulate on such property, notwithstanding such
persons did not permit such accumulation upon such property.
(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 of any public street or easement, but shall
be kept mowed. It shall be unlawful for any reason to allow weeds, grass or
brush, notwithstanding such person did not permit such growth to exceed twelve
(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 no 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.
(c) "The City may, prior to the issuance of a citation for a violation of this
Section, provide notice of the violation, whether written or oral, to any person
owning, claiming, leasing, occupying or having supervision or control of any real
property on which a violation has occurred, which notice may include a period of
time in which such person may correct the violation prior to the issuance of a
citation; provided, however, that such notice shall not be a necessary element of
any complaint or charge filed against such person.
(d) When a complaint is filed in any court for a violation of this Section and
such complaint identifies the defendant as the occupant of the property which is
the subject of the complaint, proof that the name of the defendant in such
complaint is the same as the name of the person which appears on the records of
the city's water department as the customer of the city's water service, shall
constitute prima facie evidence that the defendant named in the complaint is the
occupant of the property."
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C. Chapter 12 of the Code is amended as follows:
1. Section 12-20 (Definitions) of Article II (Solid Waste Disposal) is hereby amended
by amending the definition of "bags" so that it shall hereafter read as follows:
"Bags: A minimum of two (2) mil in thickness plastic sacks designed to store
refuse with sufficient wall strength to maintain physical integrity when lifted by
the top. In no event shall the total weight of a bag and its contents exceed forty
(40) pounds."
2. Section 12-24 of Article II (Solid Waste Disposal) is hereby amended by amending
Section 12-14 (Residence collection procedure generally) so that it shall hereafter read as follows:
"The following waste collection requirements shall be applicable to residences
within the City:
(1) Alley pickup shall be provided for all residential customers who
can be served by alley collection. In the event that a residence is
not located adjacent to any alley, curb side service shall be
provided. Customers shall place residential solid waste for
collection in the city's right-of-way, but not on, the alley pavement
or, if curb service is provided, behind the curb and within four (4)
feet of the street.
(2) Customers shall place all such waste out for collection by 7:00
a.m., on collection days, but shall not place such waste out for
collection more than twelve (12) hours prior to the date of
collection. The City shall not be responsible for missed collection
service if the customer places waste out for collection after 7:00
a.m., on collection days or prior to 7:00 p.m. to day before a
collection day.
(3) Customers shall use enclosed plastic bags for garbage. Customers
may use plastic bags or other disposable containers for loose
rubbish. All containers shall maintain their integrity during the
collection process. Customers shall not use reusable containers
which will require the city to return containers after collection.
Loose rubbish such as newspapers or tree limbs shall be bundled.
The loaded weight of each individual bag, container or bundle shall
not exceed forty (40) pounds.
(4) All garbage, rubbish and bulky items set out for pickup at a
residence shall be collected at least one day each week; provided,
however, that the following shall not be collected:
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(a) Concrete, sand, grovel and dirt, and construction
debris left over from construction, remodeling,
repair, demolition or landscape work.
(b) Tree, shrub or brash trimmings which exceed four
(4) feet in length.
(c) Automobile parts.
(d) Hazardous wastes.
(e) Dead animals or stable matter."
Section 2. Savings. This ordinance shall be cumulative of all other ordinances of the
City and shall not repeal any of the provisions of those ordinances except in those instances
where provisions of those ordinances are in direct conflict with the provisions of this ordinance.
Section 3. Sevembility. The sections, paragraphs, sentences, clauses, phrases or words
of this ordinance are severable, and if any section, 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 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 4. Effective date. This Ordinance shall become effective from and after its
date of passage as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas on this the ? ,~c_~ day of/z~?te I L ,1.995.
ATTEST: ~ William W. Manning, Mayor ~
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
Cit~.-~'-'''~
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