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22 Ordinance amending outside storageCITY COUNCIL AGENDA ITEM BRIEFING SHEET Submittal Date: Originating Department: Presented By: Agenda Item No.: 11/24/08 Code Enforcement Task Lisa A. Wright, Director of Council Date: Force Community Development 22. 12/08/08 RECOMMENDED MOTION: First reading on an ordinance amending Section 22.5-3 of the Outside Storage Ordinance to include trash cans as prohibited outside storage except as permitted in Section 16-22 of the Code of Ordinances. PoLicY IssuF.(s): Code Enforcement BACKGROUND: On January 28, 2008, the City Council, upon the recommendation of the City Council Task Force on Code Enforcement, adopted a new ordinance regulating outside storage. At the request of a member of the Code Task Force, the ordinance was brought back before the Task Force in August for possible revision, and the Task Force recommended an amendment to the ordinance prohibiting trash cans from being stored in any portion of a lot other than entirely within the rear or side yard, except in accordance with Section 16-22 of the Code, which provides the times which trash is placed at the curbside to await pickup by the City or other sanitation service. BOARD/COMMISSION RECOMMENDATION: The City Council Task Force on Code Enforcement recommended approval of the amendment on August 19, 2008 E3auBiTS: Ordinance ACTION: BUDGET INFO: ❑ Financial Report ❑ Minute Order Expense $ ❑ Departrnent Report ❑ Resolution Budgeted Amt $ ❑ Presentation ~ Ordinance yTD Actual $ ❑ Public Hearing ❑ Other A,cct Name Acct Number FiscAL NoTES: REVIEWED AND APPROVED BY: Z Administration Z City Clerk Z Community Development ❑ EMS/IT ❑ Finance ❑ Fire ❑ Municipal Court Z Legal ❑ Library ❑ Police ❑ Eng./Public Works ❑ Utilities City of Paris Revised 2/04/08 m i"f ()f 11 1 DRAFT attorney\ordwork\current\Amend Sec 22.5-3(c) Outside Storage 2008 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, AMENDING SECTION 22.5-3(c) OF CHAPTER 22.5 ENTITLED OUTSIDE STORAGE TO THE CODE OF ORDINANCES OF THE CITY OF PARIS, TEXAS BY ADDING A NEW SUBSECTION (15); MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; PROVIDING A REPEALER CLAUSE, A SEVERABILITY CLAUSE, A SAVINGS CLAUSE, A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on January 28, 2008, the City Council of the City of Paris, Texas adopted Ordinance No. 2008-004 regulating outside storage; and WHEREAS, at a regular meeting of the Code Enforcement Task Force on August 19, 2008, the Task Force recommended approval of an amendment to the Outside Storage ordinance to include trash cans as prohibited outside storage except as permitted in Section 16-23 of the Code of ordinances; and, WHEREAS, the City Council having reviewed the recommendation of the Task Farce for adding subsection (15) to Sec. 22.5-3(c), to the City Code of Ordinances hereby finds and determines that the changes recommended below are in the best interest of the City of Paris and its citizens and should be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS: Section 1. That the findings set out in the preamble to this ordinance are hereby in all things approved. Section 2. That a new subsection (15) to Sec. 22.5-3(c) of the Code of Ordinances of the City of Paris, Texas, be, and the same is hereby established to read as follows: "Sec. 22.5-3. Outside storage in One-Family Dwelling No. 1(SF-1), One-Family Dwelling No. 2(SF-2), One-Family Dwelling No. 3(SF-3), Two-Family Dwelling (2F), Multiple Family Dwelling No. 1(MF-1), Multiple Family Dwelling No. 2 (MF-2), Neighborhood Service (NS), Parking (P), Office (O), or Historic (HD) Zoning Districts. * * * -1- x (c) It shall be unlawful for any person to maintain, conduct, allow or pertnit, any outside storage of any of the following items on any property located in a zoning district referenced in this Section except as otherwise provided herein: (15) Trash cans or containers may not be stored in any portion of a lot other than entirely within the rear or side yard except in accordance with Section 16-23 (Storage Containers) of the Code of Ordinances. Section 3. That all provisions of the ordinances of the City of Paris, Texas in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Paris not in conflict with the provisions of this ordinance shall remain in full force and effect. Section 4. That the repeal of any ordinance or part of ordinances affected by the enactment of this ordinance shall not be construed as abandoning any action now pending under or by virtue of such ordinance or as discontinuing, abating, modifying, or altering any penalty accruing or to accrue, or as affecting any rights of the municipality under any section or provisions of any ordinance at the time of passage of this ordinance. Section 5. That it is the intention of the City Council of the City of Paris that this ordinance, and every provision hereof, shall be considered severable, and the invalidity or partial invalidity of any section, clause, or provisions of this ordinance shall not affect the validity of any other portion of this ordinance. Section 6. That any person violating any provision of this ordinance shall be guilty of a Misdemeanor, and upon conviction, shall be subject to a fine in accordance with provisions of Sec. 1-6 of Chapter One of the City of Paris Code of Ordinances, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 7. Introduced and read on first reading on December 8, 2008, at a regular meeting of the City Council of the City of Paris and read and passed on second reading on December 22, 2008, at a regular meeting of the City Council of the City of Paris; the same being two (2) separate regular meetings of the City Council of the City of Paris. [or] Section 7. That by a supermajority vote of ayes and nays, the City Council voted to suspend the rule requiring two readings before adoption of this ordinance. Section 8. That this ordinance shall become effective from and after its passage of the second[first] reading and publication as required by law. -2- ~ (11 f) fI I f1,a PASSED AND ADOPTED on second and final reading this 22°d day of December, 2008. Jesse James Freelen, Mayor ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: W. Kent McIlyar, City Attorney -3- r