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Home My WebLink AboutOrdinance 8066~, ~, #~ ~.y ORD INAN'CE NO d AN ORDINANCE AMENDING CHAPTER 27 OFFENSES- MISCELLANEOUS OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964) AS AMENDED BY AME.NDI.NG SECTION 27-35 THEREOF TO PROVIDE THAT WITH RE- SPECT TO LOTS TRACTS OR PARCELS OF LAND OF TWO (2) OR MORE ACRES, SAID SECTION SHALL NOT APPLY TO ANY AREA IN EXCESS OF ONE HUNDRED (100) FEET FROM ANY OPEN PUBLIC STREET OR WAY AND IN EXCESS OF ONE HUNDRED (100) FEET FROM ADJACENT PROPERTY ULQDER DIFFERENT OWNERSHIP ON WHICH ANY BUILDING IS LOCATED OR ON WHICH ANY IMPROVEMENT HAS BEEN MADE PROVIDING THAT' THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTLNG THE REMOVAL OF WEEDS OR RUBBISH PROVIDING A SAVING CLAUSE PROVIDING A SEVERABILITY CLAUSE PROVIDING A PENAL CLAUSE DIRECTING PUBLICATION A.ND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 ri That Section 27-35 of Chapter 27 of the Code of the City of Fort Worth (1964) as amended be and the same is hereby amended to read as follows It shall be unlawful for any person occupant or anyone having supervision or control of any lot, tract or parcel of land or portion thereof occupied or unoccupied improvec~ or unimproved within the city to suffer or permit grass weeds or any plant that is not cultivated to grow to a greater height than twelve (12) inches on an aver<~ge or to grow in rank profusion upon his premises With respect to lots tracts or parcels of land ~ of two (2) or more acres under single ownership the provisions of this section shall not be applicable to any area in excess of one hundred (100) feet from any open public street or way and in excess of one hundred (100) feet from any adjacent property under different ownership on which any building is located or on which any improvement exist It shall be unlawful for any person occupant or anyone having supervision or control of any lot tract or parcel of land or .portion thereof occupied or un- occupied improved or unimproved within the city to suffer or permit grass weeds or any plant that is not cultivated to grow in rank profusion or otherwise in .along upon or across the sidewalk or street adjacent to same in t:he area between the property line and the curb line or within the area ten (ZO) feet beyond the property ]_ine to a height greater than twelve (12) inches ors an average ~r `'\• -.~ .. ,:, SEC:TION 2 That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964) as amended affecting the removal of weeds or rubbish except where the provisions of this ordinance are in direct conflict with the pro- visions of such ordinances and. such Code in which event conflicting provisions of such ordinances and such Code are hereby repealed SECTION 3 That all rights or remedies of the City of Fort Worth Texas are expressly saved as to any and all violations of the provisions of Chapter 27 of the Code of the City of Fort Worth (1964) as amended and of any other ordinances affecting the removal of weeds or rubbish which have accrued at the time of the effective date of this ordinance and as to such accrued violations and all pending litigation both civil and criminal whether pending in court or not under such chapter or other ordinances same shall not be affected by this ordi.nanee but may be prosecuted until final dispostion by the courts SECTION 4 That it is hereby declared to be the intention of the City Council of the City of Fort Worth Texas that the sections paragraphs sentences clauses and phrases of this ordinance are severable and if any section paragraph sentence clause or phrase of this ordinance shall be declared void ineffective or uncon- stitutional by the valid judgment or final decree of a court of competent jurisdiction such voidness ineffectiveness or un- constitutionality shall not affect any of the remaining sections paragraphs sentences clauses or phrases of this ordinance since the same would have been enacted by the City Council without the incorporation herein of arty such void ineffective or unconsti- tutional section paragraph sentence clause or phrase ~'.a ,~: r,, SECTION 5 ~-.~. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdeameanor and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the pro- visions of this ordinance is committed, continued or permitted and ~.: each violation shall be"punishable by a fine not to exceed Two Hundred Dollars ($200 00) SECTTO.N 6 That the City Secretary of the City of Fort Worth Texas is hereby directed to publish the caption penalty clause and effective date of this ordinance for five (5) days in the official newspaper of the City of Fort Worth Texas SECTION 7 That this ordinance shall be in full force and effect from and after the date of its pa sage and publication as required by law and it is so ordained APPROVED AS TO FORM AND LEGALITY ,_ -- e-t ~ ..~~~.. A RTHUR R PETERSEN City Attorney - 7'11.c.w~ y q- i 9 k c City of Fort Worth, ?exas _ J1~fayor and Coa,~n~l Cor-amunieataon DATE REFERENCE SUBJECT: Amendment t0 Section 27-35 of PAGE NUMBER 3/4/80 **G-4462 Chapter 27 of the Code of the City of lot Fort ti•7orth VJe_eds - Hi h Growth Prohibited No remedy is now provided for citizens who complain to the City of Fort Worth Weed Control Office regarding high weed growth on properties of two acres or more when the citizens concern is for adjacent properties on which no buildings exis Such adjacen properties may have parking lots or athletic fields that are hreatened by fire. hazards or health hazards because of high weed growth There are few complaints in this category but those complaints are valid and serious It is now unlawful to permit grass weeds or any plant that is not cultivated to grow to a greater height than twelve (12) inches on an average or to grow in rank profusion on any property of less than two (2) acres Tfia is also prohibi ed within 100 feet of any open public street or way and within 100 feet of any adjacen property under different ownership on which any building is loca ed Propose d. Changes It is proposed that such weed growl.h also be prohibited within 100 feet of any adjacent property under different ownership on which any improvement exists At the request of the Department o:E Law it also is; proposed to substitute the word and for or o strengtheYi the Code without changing its intent or in erpre at on Both changes are underlined in this quotation of the proposed ammendment It shall be unlawful for any person occupant or anyone having supervision or control of any lot tract or parcel of land or portion thereof occupied or unoccupied improved or unimproved within the city to suffer or permit grass weeds or any plant that is not cultivated to grow to a greater heigh than twelve (12) inches on an average or to grow in rank profusion upon his premises 'With respect to lots tracts or p<~rcels of land of two (2) or more acres .under single ownership the provisions of: this section shall not be applicable to any area in excess of one hundred (100,) feet from any open public street or way and in excess of one hundred (100) feet from any adjacent property under different ownership on whicr. any building is located or on which any improvement exists It shall be unlawful for any person occupant or anyone having supervision or control of any lot tact or parcel of land or portion thereof occupied or unoccupied improved or unimproved within the city to suffer or permit grass weeds or any pla:.t hat is not cultivated to grow in :rank profusion or o herwise in along upon or acro s the sidewalk or street adjacen to same in the area between the proper y line and he curb line or within the area ten (10) feet beyond he property line to a height greater than twelve (12) inches on an average ~f 1 ti. w. "/ v DATE REFERENCE NUMBER SUBJECT Amendment t0 Section 27-35 of PAGE ~~4/~;,~ '*G-4462 Chapter 27 of the Code of the City of or Prohibi ed This proposed. amendment has been approved by the Park and Recreati on Advisory Board It has been approved as to form and leg ality by the City Attorney Recommendation It is recommended that the City Council adopt this proposed amendment to Section 27-35 of Chapter 27 of the Code of the City of Fort Worth (1964) as amended VS dz Attachment SUBMITTED FOR THE CITY MANAGER'S DISPOSITION Y COUNCIL: PROCESSED BY OFFICE BY• APPROVED ~ ORIGINATING ^ OTHER (DESCRIBE) j,{~, ~ /" DEPARTMENT HEAD: Charles Campbell g 9 ~ ~c ~ ~ ~ CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT David Nivens ext . 7637 DarE 3/1y~ ~~