HomeMy WebLinkAbout1997-2246 - Ordinance - 06/12/1997ORDINANCE NO. 2246
AN ORDINANCE AMENDING CHAPTER 7, "HEALTH AND SANITATION", SECTION
· l.C, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION; PROVID-
ING A SEVERABILITY CLAUSE; AND DECLARING A PENALTY.
WHEREAS, accumulations of trash, rubbish and filth are offensive to the citizens of College
Station; and
WHEREAS, the enforcement of ordinances regulating such accumulations should be fair and
effective;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
That Chapter 7, Section 1.C, of the Code of Ordinances of the City of College Station, is hereby
amended to read as follows:
"C. PROH~ITED CONDITIONS DESIGNATED - WEEDS AND OTHER
UNSIGHTLY VEGETATION
It shall be unlawful for any person owning, claiming, occupying, or having supervision or
control of any real property within the City to permit weeds, brush, or any objectionable
or unsightly vegetation to grow due to lack of vegetation management upon any such real
property within one hundred feet (100') of any property line or within fifty feet (50') of any
structure. It shall be the duty of such person to keep the area from the line of his property
to the curb line adjacent to it free and clear of matter referred to above. Objectionable or
unsightly vegetation includes ail weeds and grasses which exceed twelve inches (12") in
height·
Exempted from the provisions of this subsection are the following:
(1) State highway rights-of-way.
(2) Agricultural areas, agricultural meaning crop production and/or grazing.
(3) Heavily wooded areas filled with uncultivated underbrush.
(4)
The cultivation of concentrated wildflowers from March 1 until June 15 of each
year in areas where grasses and weeds do not exceed eighteen inches (18") in
height.
(5) Areas that are zoned A-O, A-OX or A-OR.
In the event that any person owning, claiming, occupying, or having supervision or control
of any real property permits any condition to exist thereon in violation of this section, the
City may notify such person of his failure to comply and direct him to correct, remedy, or
remove such condition within ten (10) days at~er such notice is received. Such notice shall
be sent to the person at his post office address by certified mail. If the person's address is
unknown or if notification may not be obtained by letter, then notice may be given by
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Ordinance No. 2246 Page 2
publication in any two issues within ten (10) consecutive days in any daily, weekly, or
semi-weekly newspaper in the City.
In the event that the person disputes a notice of violation under this Subsection C, he may
appeal that determination within five (5) days of the receipt of the notice of violation to
the Zoning Board of Adjustment by filing a written notice of appeal with the Building
Official. If the notice is not appealed, it shall be unlawful for any person to fail or refuse
to comply with such notice. The Zoning Board of Adjustment shall provide a hearing.
The code enforcement official shall make a presentation as to the violation and the appel-
lant may appear, present evidence, and cross-examine witnesses. The Zoning Board of
Adjustment shall thereafter close the hearing and may reverse, affirm or modify in any
regard the notice of violation. Such hearing shall be held within thirty (30) days of the
receipt of notice. The Zoning Board of Adjustment shall issue its decision within five (5)
days of the hearing. In the event that the appeal is not filed within the required time as
specified herein, the appellant may request a waiver of such requirement by the Zoning
Board o.f Adjustment if it finds unusual circumstances and, in the exercise of its discretion,
may wmve such requirement. It shall be unlawful for any person who has filed an appeal
to fail or refuse to comply with an order of the Zoning Board of Adjustment.
The appeal procedure provided for above shall not be available under subsections A, B or
D of this section or when the notification is based on weeds, grasses over eighteen inches
(18") in height, and the notification occurs after June 15th of that year."
II.
That if any provisions of any section of this ordinance shall be held to be void or unconstitutional,
such holding shall in no way effect the validity of the remaining provisions or sections of this
ordinance, which shall remain in full force and effect.
III.
That any person, firm, or corporation violating any of the provisions of this chapter shall be
deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not
more than Five Hundred Dollars ($500.00). Each day such violation shall continue or be permit-
ted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance,
becomes effective ten (10) days after its publication in the newspaper, as provided by Section 35
of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this the 12th day of June, 1997
ATTEST:
CONNIE i400K~ry
APPROVED:
EYNI~McILHANEY, Mayor
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