HomeMy WebLinkAboutOrdinance No. 05 41 Defective Sidewalks
ORDINANCE NO. 05/41
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE
AMENDED, BY AMENDING CHAPTER 3, ARTICLE 3.1400, SECTION 3.1416
"ISSUANCE OF NOTICE FOR REPAIR OF DEFECTIVE SIDEWALKS" TO PROVIDE
FOR NINETY DAYS WRITTEN NOTICE AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO GRANT EXTENSIONS OF TIME FOR REPAIRS BASED ON
GOOD CAUSE SHOWN; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY
OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK, TEXAS:
SECTION 1. That Chapter 3, Article 3 .1400, Section 3 .1416, of the Code of Ordinances,
City of University Park, Texas, is hereby amended by amending subsection (a), in part, as follows:
"ARTICLE 3.1400 SIDEWALK CONSTRUCTION AND REPAIR
Sec. 3.1416 Issuance of Notice for Repair of Defective Sidewalks
(a) Any sidewalk, parkway, or driveway which has become defective, unsafe, and hazardous
is hereby declared a public nuisance, and it shall be the duty of the owner or owners or
persons having custody, care, control, or occupying property abutting on any street, avenue,
public alley, place, square, section, or part thereof, along which said sidewalk, parkway, or
driveway shall lie, to reconstruct or repair the same within ninety (90) days from the receipt
of notice from the Code Enforcement Officer, provided however, that the Director of Public
Works may, upon written application and with good cause shown by the owner, grant
extensions of such time for the completion of such reconstruction or repair. . . ."
SECTION 2. That all ordinances of the City of University Park in conflict with the
provisions of this ordinance or the Code of Ordinances, as amended hereby, are hereby repealed.
79-111
SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be
unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance or the
Code of Ordinances as a whole, or any part or provision thereof, other than the part decided to be
invalid, illegal or unconstitutional.
SECTION 4. Any person, fIrm, or corporation violating any of the provisions of this
ordinance or the Code of Ordinances, as amended hereby, shall be deemed guilty of a misdemeanor
and, upon conviction in the municipal court of the City of University Park, shall be fined in an
amount not to exceed the sum of five hundred dollars ($500.00) for each offense, and each day such
offense continues shall be deemed to constitute a separate offense.
SECTION 5. This ordinance shall take effect immediately from and after its passage and
the publication of the caption, as the law and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the 13th day
of December 2005.
APPROVED:
ATTEST: ~ '
4~TARY
~~~
CITY ATTORNEY
(RLD/1 0/28-05) (79051)
79411