Ordinance NO. 1505
AN ORDINANCE OF THE CITY OF SUGAR LAND, TEXAS, AMENDING CHAPTER 12 AND CHAPTER 24 OF THE CODE OF ORDINANCES REGARDING SOLID WASTE AND HEALTH AND SAFETY CONCERNS CAUSED BY VEGETATION.
BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF SUGAR LAND, TEXAS:
Section 1. That Chapter 24 of the Code of Ordinances is amended by deleting Section 24-2 and renumbering the subsequent sections.
Section 2. That the title of Chapter 12 of the Code of Ordinances is amended to read as follows:
CHAPTER 12. SOLID WASTE AND VEGETATION
Section 3. That Chapter 12 of the Code of Ordinances is amended by amending Article IV to read as follows:
ARTICLE IV. VEGETATION
Sec. 12-15. Trees and Objects in the Visibility Triangle or Right-of-Way.
(a) Findings. Before the City may provide landscaping services, including tree-trimming, tree disposal, remediation, cleanup and recycling services on private property to protect the public health, safety, or welfare, the City Council must make certain findings pursuant to Chapter 756 Subchapter G of the Health and Safety Code. Therefore, the City Council makes the following findings:
(1) That trees and other vegetation on private property and within street right-of-ways, if not properly trimmed, may obstruct the view of traffic-control devices and the view of approaching traffic and pedestrians’ use of sidewalks;
(2) That the obstructions constitute a safety concern;
(3) That the City’s ordinance requires that trees and other vegetation be kept trimmed to address these safety concerns; and
(4) That property owners are required to correct the obstruction within 30 days of the date the City notifies the owner of the obstruction.
(b) Definitions. In this section:
Visibility triangle is an imaginary triangle located on property located at the corner of intersecting streets. The first two sides of a visibility triangle are drawn by measuring a distance of 25 feet from the street corner intersection of the curb line parallel to the curb line. The third side is established by drawing a diagonal line intersecting the two curb points. If there is no curb, the measurements are made along the edge of the street pavement.
(c) Objects in the Visibility Triangle or Right-of-Way. It is unlawful for a person to knowingly place or maintain in a visibility triangle or right-of-way any object permanently affixed to the ground and having a height greater than three feet above the pavement surface of the nearest abutting street.
(d) Trees and branches in the Visibility Triangle or Right-of-Way. It is unlawful for a person to knowingly place or maintain a tree or allow branches of a tree to extend into a visibility triangle or right-of-way unless the branches are pruned so that:
(1) They do not substantially obstruct a motorist’s view of traffic control devices;
(2) There is a clear space from the public street surface to 12 feet above the street surface on a residential street, (a residential street means any street not shown as a freeway, highway, arterial or major collector on the City’s Thoroughfare Plan);
(3) There is a clear space from the public street surface to 14 feet above the street surface on a non-residential street, (a non-residential street means any street shown as a freeway, highway, arterial or major collector on the City’s Thoroughfare plan); and
(4) There is a clear space from the public sidewalk surface to eight feet above the sidewalk surface.
(e) Trees and Objects Near Fire Hydrants. It is unlawful for a person to knowingly plant or maintain any tree or maintain any object permanently affixed to the ground within three feet of a fire hydrant.
Sec. 12-16. Weeds and Offensive Conditions.
(a) Limitation on height of grass and weeds. The owner of any real property of two acres or less will keep weeds or grass trimmed to a height of nine inches or less.
(b) The owner of any real property of more than two acres will keep weeds or grass trimmed to a height of nine inches or less on any portion of the property:
(1) That is within 30 feet of any building or structure on the property;
(2) That is within 30 feet of any adjacent developed property; or
(3) That is within 30 feet of a public roadway or sidewalk.
(c) The requirements of this section apply to any public right-of-way or easement or portion thereof located on the real property or portion thereof required to be cut, including specifically the areas of any real property that extend to or abut upon any curb or paved portion of a public street, the area between a public sidewalk and a public street or highway, and ditches and drainage channels located thereon.
(d) It is a defense to prosecution under this section that the vegetation is:
(1) Located on heavily wooded real property or portion thereof that reasonably prevents the operation of mowing machines;
(2) An agricultural crop, cultivated shrub, flowers or other decorative ornamental plant under cultivation; or
(3) Wildflowers, but only until the time as seeds have matured following the final blooming of the majority of the plants.
Sec. 12-17. Unhealthy Conditions on Property. It is unlawful for the owner of any property to knowingly keep or maintain any of the following conditions on any property in the city:
(a) Any dead animal;
(b) Accumulations of solid waste, dangerous materials or matter, or stagnant or polluted water or liquids;
(c) Accumulations of earth, rocks, concrete, waste building materials, or other construction debris left on the property that is not associated with on-going construction on the property;
(d) Any substance, matter, or condition that causes or creates a foul smelling odor or fumes; or
(e) Any other condition on the property which is unhealthy, unsanitary, or unwholesome or reasonably interferes with the use and enjoyment of the property where located or adjacent property.
Sec. 12-18. Correction of Violations by the City. If the owner of any real property fails or refuses to comply with this article, the City may remedy the violation by any of the following procedures:
(a) Written notice to property owner. The notice must be given:
(1) Personally to the owner of the property in writing;
(2) By letter addressed to the owner of the property at the owner's post office address;
(3) By letter addressed to the owner as indicated in the tax rolls; or
(4) If personal service cannot be obtained or the owner's post office address is unknown;
i. By posting the notice on or near the front door of each building on the property to which the violation relates; or
ii. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(b) City to correct violation. If the owner of the property does not correct the violation within 30 days after notice is given, the City may enter into the right-of-way to do the work or pay for the work necessary to correct the violation.
(c) Statement of costs incurred by City. A statement of the costs incurred by the City in correcting a violation will be mailed to the property owner. The costs will include an administrative fee of $30.00. Payment of all costs is due within 30 days of the date of mailing.
(d) Lien on property. If the statement is not timely paid, the City may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the City will have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien will include ten percent per annum on the delinquent amount from the date payment was due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the City. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the City.
Section 4. That the provisions of this ordinance are severable and the invalidity of any part of this ordinance shall not affect the validity of the remainder of the ordinance.
Section 5. That any person found guilty of violating this ordinance may be fined not more than $500.00 for each offense. Notice of the enactment of this ordinance shall be given by publishing the ordinance or its descriptive caption and penalty in the City's official newspaper one time within thirty days of passage.