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HomeMy WebLinkAboutOrdinances (O-08-1698)-11/05/2008ORDINANCE 0-08-1698 AN ORDINANCE AMENDING CHAPTER 42, SECTION 42-31 (b), ORDINANCE 0-08- 1677, WHICH ESTABLISHES THE CITY'S REQUIREMENTS FOR WEEDS, GRASS AND UNCULTIVATED PLANTS IN THE CITY OF COLLEYVILLE CODE OF ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville establishes requirements for weeds, grass and uncultivated plants as authorized by Chapter 42, Section 42-31 (b), Ordinance 0-08-1677 and it is desirous to update those requirements; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the City of Colleyville, and upon conviction shall be punishable by a fire not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 3. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31(b) of the City of Colleyville Code of Ordinances shall be revised with the following deletions and additions: Sec. 42-31(b). Weeds, grass and uncultivated plants. (b) Prohibition. (4) In the case of agricultural tracts of five acres or larger and undeveloped residential subdivisions containing more than four (4) lots and/or residential subdivisions where public improvements have been approved by the City and more than 20% of all lots approved for residential use are vacant, this section will be satisfied if the hay or grass is kept mowed to a height no greater than twelve (12) inches for a distance of 100 feet around the entire perimeter of the tract. Ordinance 0-08-1698 Page 2 of 3 Sec. 4. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31 (b) of the City of Colleyville Code of Ordinances shall be revised follows: Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of eight (8) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of eight (8) inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not cultivated exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (3) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger and undeveloped residential subdivisions containing more than four (4) lots and/or residential subdivisions where public improvements have been approved by the City and more than 20% of all lots approved for residential use are vacant, this section will be satisfied if the hay or grass is kept mowed to a height no greater than twelve (12) inches for a distance of 100 feet around the entire perimeter of the tract. Ordinance 0-08-1698 Page 3 of 3 Sec. 5. THAT the effective date of this ordinance shall be the date of its final approval by the City Council. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~ ~ day of 2008. T s cond reading and public hearing being conducted on the o2/ s~ day of ~e~~ 2008. ATTEST• CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthledwu3`C. G. Boyle City Attorney