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HomeMy WebLinkAboutORD 91-11 - Weed Abatement/WildflowerORDINANCE N. '1661 `" ! !go, i '' 4611111 ! t t is ! •� OR UNSIGHTLY VEGETATION WITHIN•1 1 AND WITHINi FEET THEREOF;AMENDING SECTION1 RELATING ! THE COLLECTION REPEALING CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING INCLUDING PROVISION ,MONTHS;AND ESTABLISHING EFFECTIVE DATE. VaffiREAS, Section 217.042 of the Local Government Code authorizes the municipality to define and prohibit any nuisances within the limits of the municipality and within 5000 feet outside the limits; WHEREAS, Section 217.042 of the Local Government Code authorizes the municipality to enforce all ordinances necessary to prevent and summarily abate and remove a nuisance; WHEREAS, the City of Georgetown is interested in maintaining the wildflower population, due to its designation as the Red Poppy Capital of Texas; WHEREAS, in order to protect the health and welfare of all residents within the City of Georgetown, the City Council has found it necessary to restrict the accumulation of weeds and objectionable vegetation; WHEREAS, the City Council recognizes that accumulation of weeds and dry areas can create a fire hazard; WHEREAS, the City Council has determined that the costs associated with the abatement of such nuisances should be assessed against the owner of the property upon which work was performed; and WHEREAS, the City Council has found that this action implements Historic Preservation and Urban Design Policy 2 of the Century Plan - Policy Plan Element, and is not found to be inconsistent or in conflict with any other Century Plan Policies, as required by Section 2.03 of the Administrative Chapter of the Policy Plan; Weed Ordinance No. Page 1 of 6 NOW, • i• ORDAINED BY THE CITY COUNCILOF OF i'! !THAT. SECTION 1 The facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct, and are incorporated by reference herein and expressly made a part hereof, as if copied verbatim. SECTION 2 The attached Exhibit "A", relating to "Weeds and Objectionable or Unsightly Vegetation Prohibited" and to the "Collection of Abatement Expenses" is hereby adopted by the City Council of the City of Georgetown, Texas, SECTION 3 All ordinances and resolutions, or parts of ordinances and resolutions, in conflict with this Ordinance are hereby repealed, and are no longer of any force and effect. SECTION 4 If any provision of this ordinance or application thereof to any person or circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are hereby declared to be severable. SECTION S This ordinance shall remain in effect for nine months from its passage. Unless subsequent action extends the effect and application of this ordinance, it shall expire on January 10, 1992, SECTION 6 The Mayor is hereby authorized to sign this ordinance and the City Secretary to attest. This ordinance shall become effective and be in full force and effect in ten (10) days on and after publication in accordance with the provisions of the Charter of the City of Georgetown. PASSED AND APPROVED on First Reading on the 26th day of March, 1991. PASSED AND APPROVED on Second Reading on the 9th day of April, 1991. ATTEST: Elizabeth Gray City Secretary Approved as to form: Marianne Landers Banks City Attorney Weed Ordinance No. Page 2 of 6 "11 : W.H. CONNOR Mayor WN: INA251111111WEA"s III III iiiiii Mix= A. Height Limitation It shall be unlawful for any person owning, claiming, occupying, or having supervision or control of any real property within the City limits or within 150 feet thereof to permit weeds, grass, brush, or any objectionable or unsightly vegetation to grow or accumulate on any such real property within one hundred feet (100') of any property line or within fifty feet (50') of any structure. It shall be the duty of such person to keep the area from the line of his property to the curb line adjacent to it free and clear of all such weeds, grass, brush, or objectionable or unsightly vegetation. Objectionable or unsightly vegetation includes all weeds and grasses which exceed twelve inches (12") in height upon any undeveloped tract or acreage, or exceed six inches (6") in height within any developed acres. "Developed areas" shall include all property which has existing structures located on it or on which a final plat for the property has been filed with the County Clerk of Williamson County. Regardless of the provisions of this section, the Fire Marshal is hereby authorized to abate any weeds, grass, brush or objectionable or unsightly vegetation when he deems it to constitute an immediate hazard. B. Exemptions The following property is exempted from the provisions of this subsection. 1. State highway rights of way; 2. Agricultural areas, wherein agricultural includes either active crop production and grazing, or a combination thereof; 3. Heavily wooded areas filled with uncultivated underbrush; 4. The cultivation of concentrated wildflowers from March 1 until June 30 of each year in areas where weeds and grasses do not exceed eighteen inches (18") in height; 5. Property on which the cutting and removal of weeds occurs at least once every thirty (30) days; and 6. Property for which a Land Management Plan has been approved under Subsection F. C. Notice of Violation In the event that any person owning, claiming, occupying, or having supervision or control of any real property permits any condition to exist thereon in violation of this subsection, the City may notify such person of his failure to comply and direct him to correct, remedy, or remove such condition within ten (10) days after such notice is received. Such notice shall be sent to Weed Ordinance No. Page 3 of 6 the person at his post office address by certified mail, or may be hand delivered. If the person's address is unknown or if notification may not be obtained by letter, then notice may be given by publication in any two separate issues in a newspaper of general circulation within the City within ten (10) consecutive days. D. Enforcement & Appeal Enforcement of the ordinance shall be the charge of the Code Enforcement Officer. Upon a determination of the Code Enforcement Officer that there is a violation of the ordinance, he shall so notify the person owning, claiming, occupying, or having supervision or control over the real property. In the event that the person disputes the decision of the Code Enforcement Officer, he may appeal that determination within five (5) days of the receipt of the notice of violation of the Building Trades Board of Appeals by filing a written notice of appeal with the Code Enforcement Officer. If the decision of the Code Enforcement Officer is not appealed, it shall be unlawful for any person to fail or refuse to comply with such notice. The Building Trades Board of Appeal shall provide a hearing. The Code Enforcement Officer shall make a presentation as to the violation and the appellant may appear, present evidence, and cross- examine witnesses. The Building Trades Board of Appeals shall thereafter close the hearing and may reverse, affirm or modify in any regard the determination of the Code Enforcement Officer. Such hearing shall be had within thirty (30) days of the receipt of notice. The Building Trades Board of Appeals shall issue its decision within five (5) days of the hearing. In the event that the appeal is not filed within the required time as specified herein, the appellant may request a waiver of such requirement by the Building Trades Board of Appeals of Adjustment if it finds unusual circumstances and, in the exercise of its discretion, may waive such requirement. it shall be unlawful for any person who has filed an appeal to fail or refuse to comply with an order to the Building Trades Board of Appeals. The appeal procedure provided for above shall not be available when the notification by the Code Enforcement Officer is based on weeds, grasses over eighteen (18") in height and the notification occurs after June 30th of that year. E. Abatement by City Forces If any person notified as provided in Subsection C of this section fails or refuses to cut down or remove such weeds, grass, brush, or other objectionable or unsightly vegetation, or cause the same to be done, as specified in such notice within ten (10) days after notification in accordance with subsection C of this section, the City may enter upon the property and perform such work or make such improvements as are necessary to remove such weeds, grass, brush, or other objectionable or unsightly vegetation, or cause the same to be done, and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such property. All expenses incurred by the City in performing such work, including any legal and administrative expenses, shall be charged to the owner of the property. Weed Ordinance No. Page 4 of 6 F. Natural Lawn Exemption Landscaping, plantings and other decorative surface treatments, including common species of grass shall be installed if necessary and maintained to present an attractive appearance in all court and yard areas. Except with prior application to an approval of a land management plan from the City of Georgetown, lawns shall be maintained to a height not to exceed six (6) inches in length. Plantings shall be maintained so as not to present hazards to adjoining properties or to persons or vehicle traveling on public ways and shall be maintained so as to enhance the appearance and value of the property on which located and there by the appearance and value of the neighborhood and City. L Application for Natural Lawn. Any owner or operator of land in the City of Georgetown may apply for approval of a land management plan for a natural lawn, one where the grasses exceed six (6) inches in height, with the City Secretary. 2. "Land Management Plan" means a written plan relating to management of the lawn which contains a legal description of the lawn upon which the grass will exceed six (6) inches in length, a statement of intent and purpose for the lawn, a general description of the vegetational types, plants, and plant succession involved, and the specific management and maintenance techniques to be employed. The management plan must include provisions for cutting at length not greater than six (6) inches the terrace area, that portion between the sidewalk and the street or a strip not less than four (4) feet adjacent to the street where there is no sidewalk, and at least a three (3) foot strip adjacent to neighboring property lines unless waived by the abutting property owner on the side so affected. 3. Revocation of the Land Management Plan. The Land Management Plan may be revoked for failure to comply with the requirements of the Land Management Plan. Notice of intent to revoke a Land Management Plan shall be appealable to the Building Trade Board of Appeals. All applications for appeal shall be submitted within fifteen (15) days of the receipt of the notice of intent to revoke a Land Management Plan. 4. Application Requirements. Each application for a Land Management Plan shall be on a form provided by the City Secretary. A copy of the application shall be mailed by the applicant or given personally by the applicant to each of the owners of record, as listed in the Office of the Williamson County Appraisal District, who are owners of the property situated in whole or in part within two hundred (200) feet of the boundaries of the properties affected. The City Secretary shall provide the list of the property owners who are to be notified of the application. The applicant shall certify, under oath, on a form to be furnished Weed Ordinance No. Page 5 of 6 by the City Secretary, that such owners have been duly notified and the manner I n which they have been notified. If, within fifteen (15) days of receipt of a copy of the application, at least fifty-one percent (51%) of such property owners file written objections to the application with the City Secretary, the City Secretary shall refer the application to the Building Trade Board of Appeals. 5. Application for Appeal. The owner or operator of land in the City of Georgetown may appeal from a decision of the City Secretary refusing to grant a Land Management Plan. All appeals shall be to the Building Trade Board of Appeals of the City of Georgetown. All applications for appeal shall submitted within fifteen (15) days of receipt of the written notice of denial of the Land Management Plan. 1' 11 , , t �. I.� The City Manager, or his designee, shall file a statement of such expenses incurred under Sections 8.20.090 or 8.20.100, as the case may be, in the Official Records for Williamson County, Texas, giving the amount of such expenses, including related administrative and legal costs, and the date on which said work was done or improvements made. This statement of expenses shall establish a privileged lien for the City on such lots or real estate upon which said work was done or improvements made to secure the expenditures so made, which lien shall be second only to tax liens and liens for street improvements; and said amount shall bear ten percent (10%) interest from the date said statement is filed until the lien is released by the City for payment in full. It is further provided that for any such expenditures, and interest, as aforesaid, suit may be instituted and recovery and foreclosure of said lien may be had in the name of the City. The statement of expenses as filed, or a certified copy thereof, shall be prima facie proof of the amount expended by the City for such work or improvements. Weed Ordinance No. Page 6 of 6