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2013-303s:\legal\our docusnents\ordinances\13\landsc�pe mainienance amendment�ardinance.doc ORDINANCE 2� 13-303 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SUBCHAPTER 35.13.7.B.2. OF THE DENTON DEVELOPMENT CODE BY REVISING THE REQUIREMENTS OF LANDSCAPE MAINTENANCE STANDARDS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2002-040 the City Council of the City of Denton, Texas adopted the Denton Development Code (the "Development Code") and WHEREAS, this code amendment aligns with the Strategic Plan objectives to proactively enforce the provisions of the Denton Property Maintenance Code and the Denton Development Code thus resulting in positive and visible improvements for properties throughout the City of Denton. WHEREAS, on September 11, 2013, after providing notice and after conducting a public hearing as required by law, the Planning and Zoning Commission recommended approval of certain changes to Subchapter 35.13.7,B.2 of the Denton Development Code. WHEREAS, on Oc� hearing as required by law, Code are consistent with THEREFORE, �ber 15, 2013, after providing notice and after conducting a public the City Council finds that the subject changes to the Development the Comprehensive Plan and are in the public interest; NOW, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference as true. SECTION 2. Subchapter 35,13.7.B.2 is amended to reflect the changes outlined in Exhibit "A"; all provisions not changed herein to remain as written� SECTION 3. Any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid by any court, such invalidity shall not affect the validity of other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION 5. This ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. s:\legal\our documents\ordinances\13\landscape maintenance amendment-ordinance.doc PASSED AND APPROVED this the day of ������ _, 2013, � ��� � � f� dF ,� ��; ��� � , � , � � � °�� � f� ' �, �, � � �C �� �v1 ���vA. B�.P`1�I�OU�a�HS, MAYOR ATTEST: JENNIF�R WALTERS, CITY SECRETARY � : �a�'�'����"4'l�,i� �.�.��"(::7 LEGAL FORM: ANITA BURGESS, CITY ATTORNEY ��� *�'�� � � � � � d �.�� , �° � � BY: ,� ��`.��°��-��.�� . � �.. m.. .. ..m.,,�..._. —. � s:Vegal\aur documents\ordinances\13\landscape maintenance amendment-ordinance.dac Exhibit A Current Code Section 35.13.7.B.2 is deleted in its entirety: . _ ■_ „ New Section 35.13.7.B.2 is added to read in its entirety as follows: ***** 2. Landscape Installation and Maintenance. a. Landscaping installed as part of the requirements of the landscape standards must be maintained in a healthy, growing condition at all times. b. Landscaping installed as part of the requirements of the landscape standards must be maintained in a healthy, growing condition at all times c. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, litter removal, and other maintenance as needed for all plantings. d. Any tree that is planted as required or preserved for canopy coverage that dies must be removed immediately and replaced with an approved tree in the appropriate planting season. e. Failure to replace any approved or required landscaping is a violation of this Subchapter. *****