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HomeMy WebLinkAboutORD 900120 - Continuing ViolationsORDINANCE NO. 900120 AN ORDINANCE AMENDING SECTION 1-6, "GENERAL PENALTY; CONTINUING VIOLATIONS", OF CHAPTER 1, "GENERAL PROVISIONS", OF THE CITY OF GEORGETOWN CODE OF ORDINANCES TO PROVIDE FOR INCREASING THE AMOUNT OF FINES FOR VIOLATION, ADDITIONS AND DELETIONS, AND AMENDMENTS THERETO, PROVIDING FOR A SEVERABILITY CLAUSE, AND SETTING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Georgetown, Texas, has previously recognized that many provisions of the City Code are out-of-date, no longer appropriate for the current needs of the City, and, in certain circumstance, not in conformance with applicable law, WHEREAS, in light of this recognition, the City Council approved the process of recodification of the entire City Code, including addressing the obsolete provisions, WHEREAS, as a part of this review and process, the following items contained in the Ordinance have been identified as those that need to be modified, added, or deleted as provided hereafter, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GEORGETOWN, TEXAS, THAT: SECTION I. The Council adopts the recitals set forth above as true and correct and are adopted herein verbatim as if fully set forth at length. SECTION II. That Section 1-6, "General Penaltyp Continuing Violations", of Chapter 1, "General Provisions", is hereby amended as follows: "Whenever in this Code or in any Ordinance of the City an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or wherever in such Code or Ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of the Code or any such Ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00):; provided, however, that where the offense is one for which a penalty is fixed by state law, the penalty for such offense shall be the same as fixed by state law. When a fine or penalty for the violation of a rule, ordinance, or police regulation that governs safety, zoning, or public health, including dumping of refuse, may not exceed two thousand dollars ($21000.00). Each day any violation of this Code or other ordinance of the City shall continue shall constitute a separate offense unless otherwise provided." SECTION III. All Ordinances, parts of Ordinances, or Resolutions in conflict herewith are expressly repealed to the extent of such conflict. SECTION IV. If any article, provision, paragraph or part of a paragraph of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, the same shall not invalidate or impair the validity, force or effect of any other article, paragraph or part of a paragraph of the remainder of this Ordinance. SECTION V. This Ordinance shall become effective upon Second Reading and Final Passage thereof. READ, PASSED AND APPROVED on First Reading this ____jr 19900 READ, � ASSED AND APPROVED on Second and Final day of 1990. Kennedy, ATTEST. slie Barone, City Secretary Diane Callander, City Attorney /,21L day of Reading this