HomeMy WebLinkAbout1989-1811 - Ordinance - 05/25/1989ORDINANCE NO. 1811
AN ORDINANCE AMENDING CHAPTER 7, SECTION 1-C, DELETING SECTION
1-E AND RENUMBERING SECTION 1-F TO BECOME 1-E OF THE CODE OF OR-
DINANCES OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO WEEDS
AND OTHER UNSIGHTLY VEGETATION.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
I.
That Section 1-C of Chapter 7 of the Code of Ordinances of the
City of College Station, is hereby amended to read as follows:
"SECTION 1: STAGNANT WATER, TRASH, GRASS, ETC.
C. PROHIBITED CONDITIONS DESIGNATED - WEEDS AND OTHER UN-
SIGHTLY VEGETATION.
It shall be unlawful for any person owning, claiming, oc-
cupying, 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 with-
in one hundred feet (100') of any property line or within
fifty feet (501) of any structure. It shall be the duty
of such person to keep the area from the line of his prop-
erty to the curb line adjacent to it free and clear of
matter referred to above. Objectionable or unsightly veg-
etation includes all weeds and grasses which exceed twelve
inches (1211) in height.
Exempted from the provisions of this subsection are the
following:
(1) State highway rights -of -way.
(2) Agricultural areas, agricultural meaning crop pro-
duction and/or grazing.
(3) Heavily wooded areas filled with uncultivated under-
brush.
(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.
In the event that any person owning, claiming, occupying,
or having supervision or control of any real property per-
mits any condition to exist thereon in violation of this
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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 re-
ceived. 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 violation 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 unlaw-
ful for any person to fail to or refuse to comply with
such notice. The Zoning Board of Adjustment shall provide
a hearing. The Building Official shall make a presenta-
tion as to the violation and the appellant 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 determination of the Building Official. Such hearing
shall be had 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 Adjust-
ment, if it finds unusual circumstances and in the exer-
cise of its discretion, may waive such requirement. It
shall be unlawful for any person who has filed an appeal
to fall 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 weed or grasses over eighteen (18") in height
and the notification occurs after June 15th of that year.
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II.
That Chapter 7 of the Code of Ordinances, City of College Station
is hereby amended by deleting the Section 1-E, NOTICE TO CORRECT
OR REMOVE CONDITION, and by renumbering Section 1-F to become
Section 1-E, CORRECTION OR REMOVAL OF CONDITION BY CITY.
III.
This ordinance shall become effective and in full force and
effect from and after its passage and approval by the City
Council and duly attested by the Mayor of the City of College
Station.
PASSED, ADOPTED AND APPROVED this 25th day of May, 1989.
ATTEST:
City Sec a ary
APPROVED:
Mayor
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