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HomeMy WebLinkAbout1996-2164 - Ordinance - 01/25/1996ORDINANCE NO. 2'164 AN ORDINANCE AMENDING CHAPTER 2, SUBSECTION ID; CHAPTER 7, SECTION 1; AND CHAPTER 10, SUBSECTION 6E, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: That Chapter 2, Section 1, of the Code of Ordinances of the City of College Station regarding permits to keep livestock or poultry within the city limits is hereby amended by amending Subsection D to read as follows: "D. EXEMPTIONS Pot-bellied pigs that by habit or training live in association with man; shall be exempt fi.om the permitting requirement of this section. No permits will be required for properties zoned A-O, A-OX or A-OR or any residential lots over one acre." II. That Chapter 7, Section 1, of the Code of Ordinances of the City of College Station, pertaining to stagnant water, trash, grass, etc., is hereby amended by amending Subsection C to read as follows: PROHIBITED 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 fi.om 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 all 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 c~op production and/or grazing. (3) Heavily wooded areas filled with uncultivated underbrush. j~/a'ordman/ann~vl doc 01,~ 5 /96 Ordinance No. 2164 Page 2 (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 after 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 publication in any two issues within ten (10) consecutive days in any daily, weekly, or semi-weekly newspaper in the City. Enforcement of the ordinance shall be the charge of the Building Official. Upon a determination of the Building Official that there is a violation of the ordinance, he shall so notify the person owning, claiming, occupying, or having supervision or control over the real property. In the event that the person disputes the decision of the Building Official, he may appeal that determination within five (5) days of the receipt of the notice of vio- lation to the Zoning Board of Adjustment by filing a written notice of appeal with the Building Official. If the decision of the Building Official 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 Building Official shall make a presentation as to the violation and the appellant may appear, present evidence, and cross-examine wit- nesses. The Zoning Board of Adjustment shall thereafter close the hearing and may reverse, affirm or modify in any regard the determination of the Building Official. 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 of Adjustment if it finds unusual circumstances and, in the exercise of its discretion, may waive 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 when the notification by the Building Official is based on weeds, grasses over eighteen inches (18") in height, and the notification occurs after June 15th of that year." III. That Chapter 10, Section 6, of the Code of Ordinances of the City of College Station, pertaining to parking, standing or storing of recreational vehicles, trailers or trucks in residential areas, is hereby amended by amending Subsection D and adding a Subsection E to read as follows: ]s/c, ordman annex] doc 01/25 '96 Ordinance No. 2164 Page 3 go EXEMPTIONS Residemial properties zoned A-O, A-OX, or A-OR shall be exempt from the regulations contained in Subsection B of this Section. PENALTY A violation of this section shall constitute a misdemeanor and upon conviction thereof shall be punishable by a fine pursuant to the General Penalty set out in Chapter 1, Section 5, of this Code of Ordinances." IV. This ordinance shall become effective and be in full force and effect from and after its passage and approval by the City Council and duly attested by the Mayor and City Secretary. PASSED, ADOPTED and APPROVED this 25~h day of January, 1996. APPROVED: ff/~~ATTEST: ~ C6nnie Hooks, Ciiy Secretary ls/a,'ordtnan/ann~xl.doc 01/25~96