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HomeMy Public PortalAboutOrdinance No. 1380-19 02-11-2019ORDINANCE N0.1380-19 AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS AMENDING BY AMENDING ARTICLE IV "GRAFFITI" OF CHAPTER 34 "ENVIRONMENT"; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Richland Hills is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Richland Hills City Council has determined that regulations governing the prohibition and removal of graffiti within the City require revisions; and WHEREAS, the City Council fords that this ordinance is in the best interests of the citizens of the City of Richland Hills. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS, TEXAS: SECTION 1 Section 34-142 "Defmitions" of Chapter 34 "Environment", Article IV "Graffiti" is hereby amended to include the following definition: "Code enforcement officer means an agent of this state or a political subdivision of this state who engages in code enforcement." SECTION 2 Section 34-146 "Request for extension of time" of Chapter 34 "Environment", Article IV "Graffiti" is hereby amended to read as follows: Sec. 34-146. -Request for extension of time. Once the owner has received notice and arranged for clean-up, the owner may request, in writing, an extension of time. The request shall be directed to the Code enforcement officer and must set out the reasons for the delay. The request must be received prior to the expiration of the 14-day period set out in section 34-144. The Code enforcement officer shall be authorized to grant one 14-calendar-day extension. SECTION 3 Section 34-149 "Affirmative defenses" of Chapter 34 "Environment", Article IV "Graffiti" is hereby amended to read as follows: Sec. 34-149. -Affirmative defenses. It is an affirmative defense to prosecution under section 34-143 that: (1) No notice was served on the property owner, in compliance with section 34-144; or (2) The property owner has removed graffiti from that particular property three or more times within the preceding 12 months. SECTION 4 Section 34-151 "Enforcement" of Chapter 34 "Environment", Article IV "Graffiti" is hereby amended to read as follows: Sec. 34-151. -Enforcement. It shall be the duty of the Code enforcement officer to enforce this section. Any person, firm, corporation or agent or employee thereof, who violates any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction thereof, shall be punished as provided in section 1-14. SECTION 5 Section 34-145 "Assistance for removal through volunteer program; time limitations" and Section 34-147 "Volunteer assistance program; scope" of Chapter 34 "Environment", Article IV "Graffiti" are hereby repealed. SECTION 6 PROVISIONS CUMULATIVE This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of the is ordinance are in direct conflict with the provisions of such ordinances and such Code are hereby repealed. SECTION 7 PROVISIONS SEVERABLE It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph or section. SECTION S SAVINGS CLAUSE That all rights and remedies of the City of Richland Hills are expressly saved as to any and all violations of the provisions of the City's graffiti regulations 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 Ordinances, same shall not be affected by this Ordinance but maybe prosecuted until final disposition by the courts. SECTION 9 PENALTY Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. SECTION 10 PUBLICATION The City Secretary of the City of Richland Hills is hereby directed to publish this ordinance to the extent required by law. SECTION 11 EFFECTIVE DATE This ordinance shall be in full force and effect from and after its passage and publication as required bylaw, and it is so ordained. PASSED AND APPROVED ON THIS 11~ DAY OF FEBRUARY, 2019. T HONORABLE MAY ED D LOPEZ AT~S~: ~ I CATHY BO ,CITY SEC ~ ARY i`~~Iiliri'Ylt/7l~r. EFFECTIVE DATE: ~ ' ~ ~ ~ ~ ~ .,•~®~rL ... ~~~.~~ ~~- •j' '~•. '~: APPROVED AS TO FORM AND LEGALITY: y, ~'~~ : '~ ~, ~~ t t~~ ~~e BETSY ,C ATTORNEY ..... ~~ ~'~1; rrrunnllu~e~~'`~