Legislation Details

File #: 20-10408    Version: 1 Name: Ordinance amending the Code of Ordinance, Chapter 29, "Code Compliance" relating to sidewalk and right-of-way maintenance
Type: Ordinance Status: Adopted
File created: 9/21/2020 In control: Public Works
On agenda: 10/13/2020 Final action: 10/13/2020
Title: Ordinance amending the Code of Ordinance, Chapter 29, "Code Compliance" relating to sidewalk and right-of-way maintenance

From

Max

 

Title

Ordinance amending the Code of Ordinance, Chapter 29, "Code Compliance" relating to sidewalk and right-of-way maintenance

 

Presenter

Gabe Johnson, Public Works Director

 

Recommend Action

Approve

 

Analysis

Due to numerous requests by citizens, staff is recommending amending the Code of Ordinances for the City of Grand Prairie Chapter 29, "Code Compliance" Section 29-113 regarding maintenance of the sidewalk and right-of-way to clarify that driveway and approaches are included as part of the homeowner, lessor, lessee, resident, occupant, property manager or agent of the same's responsibility to maintain.

 

Financial Consideration

No funding is required for this ordinance.

 

Body

AN ORDINANCE AMENDING CHAPTER 29, "CODE COMPLIANCE", OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE UPON PASSAGE AND PUBLICATION

 

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:

 

Section 1. That Section 29-113 of Chapter 29, “Code Compliance,” of the Code of Ordinances of the City of Grand Prairie, Texas, is hereby amended to read as follows:

 

29-113 - Maintenance of the sidewalk and right-of-way.

 

In all provisions of this Code relative to the responsibility of a homeowner, lessor, lessee, resident, occupant, property manager or agent of the same, of real property within the city that abuts a street, alley, public easement or public right-of-way, sidewalk, or driveway, it shall be the joint and several responsibility of such homeowner, lessor, lessee, resident, occupant, property manager or agent of the same to maintain the areas abutting the property in good and safe condition, free from any defects and hazards, including the curb and all right-of way.  Whenever any provision of this Code shall provide that any property shall be maintained, it is to be read to include all such area, including buildings, the property, the adjacent right-of-way, driveway, sidewalk, approach, and the surface of all easements, and such persons shall do nothing that would prevent the purpose and all incidental uses of such areas.”

 

Section 2. That Chapter 29, “Code Compliance,” of the Code of Ordinances of the City of Grand Prairie, Texas, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.

 

Section 3. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.

 

Section 4. That a violation of any provision of this Ordinance shall be a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.

 

Section 5. All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed.  Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.

 

Section 6. That this Ordinance shall be and become effective immediately upon and after its passage and publication.                     

 

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 13th DAY OF OCTOBER 2020.