Loading...
HomeMy Public PortalAboutOrdinance No. 849-98 11-10-1998 • ORDINANCE NO. 849-98 AN ORDINANCE AMENDING ORDINANCE NO. 832-98, TOGETHER WITH SECTION 3 "HEALTH AND SANITATION" AND SECTION 5 "PARKING ON UNAPPROVED SURFACES" OF CHAPTER 6 "NUISANCES" OF THE CODE OF ORDINANCES OF THE CITY OF RICHLAND HILLS, TEXAS; PROVIDING A LIlVIITATION ON THE NUMBER OF VEHICLES WHICH MAY BE PARKED IN A RESIDENTIAL REAR YARD; DECLARING ACCUMULATIONS OF TRASH AND DEBRIS TO BE A PUBLIC NUISANCE; PROVIDING A SEVERABILTTY CLAUSE; PROVIDING A SAVING CLAUSE; AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Richland Hills, Texas, after study and recommendation by the Richland Hills Code Review Committee, heretofore adopted a new Chapter 6 "NUISANCES" to the Richland Hills Code of Ordinances; and WHEREAS, the City Council did thereafter adopt a new Section 5 "PARKING ON UNAPPROVED SURFACES", to be inserted in said new Chapter 6 "NUISANCES"; and WHEREAS, the Richland Hills Code Review Committee has investigated and made recommendations to the City Council for additional provisions to be included in said new Section 5, regulating and limiting the number of vehicles which may be parked in a residential rear yard; and • WHEREAS, after additional study by the Code Review Committee and the City Council, the City Council finds that vehicles parked in an enclosed garage or carport should be excluded from the limitations on vehicles which may be parked in residential rear yards; and WHEREAS, the new nuisance chapter recommended by the Richland Hills Code Review Committee, and passed by the City Council, contained a definition for "trash and debris", which also included "dirt piles" within its provisions, but did not declare accumulations of trash and debris to be a public nuisance; and WHEREAS, the City Council of the City of Richland Hills finds and determines that accumulations of trash and debris on public or private property constitute a public nuisance; and WHEREAS, the City Council of the City of Richland Hills, Texas, finds and determines that the regulations hereby adopted will promote the health, safety, morals and general welfare of the citizens of the City of Richland Hills, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: I. That item (e) of paragraph (1) of Subsection A "PARKING ON UNAPPROVED SURFACES PROHIBITED" of Section 5 "PARKING ON UNAPPROVED SURFACES" of Chapter 6 "NUISANCES" of the Code of Ordinances of the City of Richland Hills, Texas, as adopted by Ordinance No. 832-98, and as amended, be hereby amended to hereafter be and read as follows: ORDINANCE NO. PAGE 1 • (e) No more than two (2) vehicles shall at any one time be parked in the rear yard of a residential lot of less than one-half (1/2) acre, and no more than three (3) vehicles shall be parked in the rear yard of a residential lot of one-half (1/2) acre or more in size. On residential lots greater than one (1) acre in size, farm implements shall be exempted from the requirements of this sub-paragraph and shall not count as "vehicles" in calculating the maximum number allowed. Notwithstanding the foregoing, vehicles which are parked in an enclosed garage or carport shall not count as "vehicles" in calculating the maximum number allowed, and shall be permitted in unlimited numbers. II. That the title of Subsection A "Accumulation of Garbage. Refuse and Rubbish", and paragraph 1 thereunder, of Section 3 "HEALTH AND SANITATION" of said Chapter 6 "NUISANCES" of the Code of Ordinances of the City of Richland Hills, Texas, as amended, be hereby amended to hereafter be and read as follows: A. Accumulation of Garbage, Refuse, Rubbish, Trash and Debris. 1. The accumulation of garbage, refuse, rubbish, trash and debris within the City is a fire and health hazard and, as such, is hereby declared to be a nuisance. III. • Severability Clause. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. IV. Saving Clause. That paragraph 2 of Subsection A of Section 3 of Chapter 6 "NUISANCES" and the remainder of said Chapter 6 of the Code of Ordinances, City of Richland Hills, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. V. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Richland Hills City Charter and the laws of the State of Texas. • ORDINANCE NO. 849_98 PAGE 2 • PRESENTED, GIVEN FIRST READING AND APPROVED at a regular meeting of the Richland Hills City Council on the day of November 1998, by a vote of ayes, ~ " -nays, and abstentions. ` CY?1.AM~t APPROVED: ~ , . ` C. F. Kelley, Mayor o c.~ ATTEST: • • . . F q t` R ~ illis City Secretary AP ED AS TO AND LEGALITY: am A. Cribbs, City Attorney • rhlib481/110998 • ORDINANCE NO. X49_98 PAGE 3