O-3596-8-18 ORDINANCE NO.3596-8-18
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING
SECTION 6-20 "ASSESSMENT OF COSTS" RELATING TO CITY ASSESSMENTS
AND LIENS FOR THE ABATEMENT OF HIGH WEEDS AND GRASS AND OTHER
NUISANCES; AMENDING PARAGRAPH (k) OF SECTION 6-85 "EXTERIOR
GROUNDS" RELATING TO THE MAINTENANCE OF FENCES; AMENDING
CHAPTER 9 "MOTOR VEHICLES AND TRAFFIC,"BY AMENDING SECTION 9-2
"DEFINITIONS" BY AMENDING THE DEFINITIONS OF "CENTRAL BUSINESS
DISTRICT," COMMERCIAL MOTOR VEHICLE," "SERVICES VEHICLE," AND
"TRUCK-TRACTOR" AND ADDING A DEFINITION FOR "RECREATIONAL
VEHICLE"BY AMENDING SECTION 9-227"PARKING OF TRUCKS,TRACTORS,
ETC., IN RESIDENTIAL DISTRICTS" RESTRICTING PARKING IN CERTAIN
AREAS; BY AMENDING SECTION 9-229 "PARKING OF COMMERCIAL
VEHICLES" RELATING TO THE PARKING OF CERTAIN COMMERCIAL
VEHICLES; BY AMENDING SECTION 9-321 "DEFINITIONS" BY AMENDING
THE DEFINITION OF "JUNKED VEHICLE;" AMENDING CHAPTER 13
"STREETS AND SIDEWALKS" BY AMENDING SECTION 13-1 "RESTRICTED
AREA"PROHIBITING CERTAIN IMPROVEMENTS IN VISIBILITY TRIANGLES"
AND BY AMENDING SECTION 13-15 "TREES, SHRUBS, AND PLACES"
RELATING TO THE CONDITION OF CERTAIN LANDSCAPING IN AND
ADJACENT TO PUBLIC RIGHTS OF WAY; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE;PROVIDING FOR A PENALTY OF FINE
• NOT TO EXCEED THE AMOUNTS SET FORTH IN THE CODE OF ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE. •
WHEREAS, the City Council of the City of Allen, Texas, has determined that it is in the best interest of the
public health, safety and welfare to of the citizens of the City of Allen to amend certain regulations relating to
the upkeep and maintenance of property located within the City of Allen;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY,TEXAS,THAT:
SECTION 1. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending Chapter 6 "Health and Environment,"Article II"Nuisance High Weeds and Grass," Section 6-20—
Abatement by City;Assessment of Costs"to read as follows:
Sec. 6-20.-Abatement by city; assessment of costs.
(a) In the event any person owning, occupying, claiming or having supervision or control
of any occupied or unoccupied real property fails to comply with the provisions of this
Article within seven (7) calendar days after delivery of proper notice as provided in
Section 6-19, the City, or its duly authorized representative or contractor, may do the
work or make the improvements required, pay for the work done or improvements
made, and charge the expenses to the owner of the property pursuant to Texas Health
and Safety Code §342.006, as amended. The expenses assessed to the owner of the
property on such work has been performed shall be the actual expenses incurred by the
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City of not less than twenty-five dollars ($25.00), plus a special expense fee of one
hundred dollars ($150.00) to cover the City's administrative costs.
(b) A statement of expenses which includes the administrative fees as provided in Sec. 6-
20(a) shall be given to the property owner by mailing said statement to the owner's
address as set forth in the records of the Collin Central Appraisal District or by such
other method as authorized by Texas Health & Safety Code §342.006(b). The
statement of expenses shall, in addition to giving the amount of the expenses incurred
by the City, include the date upon which work was performed and a description of the
property upon which the work was performed.
(c) The City may assess a lien against the property by filing with the Collin County Clerk
in the Official Public Records of Collin County, Texas, a copy of the statement of
expenses provided to the property owner pursuant to Section 6-20(b), signed and
acknowledged by the mayor, city manager, or chief building official, and containing
the name of the owner of the property, if known, and the legal description of the
property. The City shall have a privileged lien against such property upon filing the
statement of expenses with the Collin County Clerk, which lien shall be inferior only
to tax liens and liens for street improvements.The lien shall bear interest at the rate of
ten (10) percent per annum from the date the City pay for the work performed. The
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City may bring a suit for foreclosure to recover the expenditures and interest due, and
the statement of the expenses or a certified copy of the statement is prima facie proof
of the expenses incurred by the City in doing the work or making the improvements.
(d) For purposes of Texas Health & Safety Code §342.007(b), the City Managerand any
employee of the City designated by the City Manager shall each be persons designated
by the Mayor to file a statement of expense with the Collin County Clerk in accordance
with Section 6-20(c), above.
SECTION 2. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending subsection (k) of Chapter 6 "Health and Environment," Article IV "Property Maintenance Code,"
Section 6-85 "Exterior grounds"to read as follows:
(k) Fences.
(1) All fences shall be maintained structurally sound and not be out of vertical
alignment more than twelve (12) inches. from the vertical measured at the
top of the fence.
(2) Any broken, loose, damaged, insect damaged, or missing parts (i.e., slats,
posts, wood rails, bricks, panels) having a combined area of twenty (20)
square feet or more of said fences shall be replaced or repaired. Repairs of
any nature shall be made with materials of comparable composition, color,
size, shape, and quality of the original fence to which the repair is being
made. Products manufactured for other uses such as plywood, corrugated
steel,or fiberglass panels are prohibited as fencing materials.Nothing herein
shall be construed as prohibiting the complete removal of a fence, unless
such fence encloses a swimming pool or spa.
(3) A fence that has deteriorated to a condition that it is likely to fall shall be
repaired, replaced, or removed.
Ordinance No.3596-8-18,Page 2
(4) Fences shall not be externally braced in lieu of replacing or repairing posts,
columns, or other structural members.
SECTION 3. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby
amended by amending Chapter 9 "Motor Vehicles and Traffic" as follows:
A. Section 9-2 "Definitions" is amended by amending the definitions of "Central Business District,"
"Commercial Motor Vehicle", "Service Vehicle", and"Truck-tractor"to read as follows:
Central Business District means the area within the City located within the boundaries of the
Central Business District"CBD"as set forth on the City's Zoning District Map as adopted and
amended from time to time pursuant to the Allen Land Development Code.
Commercial motor vehicle means any vehicle designed, intended, or used for transportation or
delivery of people or property,other than private passenger vehicles and recreational vehicles.
The term "commercial vehicle" shall include, but is not limited to, the following: Pole trailer,
Semitrailer,Truck-tractor and Bus.
Service vehicle means a vehicle that has been designed or modified to support a business or
commercial operation such as maintenance,installation,repairs,contracted services or similar,
usually provided by a contractor, dealer, manufacturer, or agent for an offsite client. and
includes, but is not limited to, any step vans, cargo vans, box trucks, flat beds, utility trucks,
work trucks or pick-up trucks with modified cargo bodies, utility beds, or similar body or bed
alterations.
Truck-tractor means a motor vehicle having four or more wheels and equipped with a fifth
wheel for the purpose of drawing a semitrailer.
B. Section 9-2 "Definitions" is amended by adding a definition for "Recreational Vehicle" to read as
follows:
Recreational vehicle means any motor vehicle or trailer designed or used as a travel trailer,
camper, motor home, tent trailer, boat, boat trailer, camping trailer, or other similar purposes
including any vehicle exclusively used to tow or haul a recreation vehicle.
C. Section 9-227 "Parking of Trucks, Tractors, Etc., in Residential Districts" is retitled and amended to
read in its entirety follows:
Sec. 9-227. - "Parking of Trucks, Tractors, Commercial Vehicles, etc., in Residential
Districts"
(a) Public streets. It shall be unlawful for any person to park or stand any commercial
vehicle, house trailer, special mobile equipment, farm tractor or implement of
husbandry,service vehicle,or vehicle with more than two axles upon any public street,
alley or public right-of-way within a residential area.It shall be a defense to a violation
of this Sec. 9-227(a) if the person is parking or standing the vehicle for the purpose of
expeditiously loading and unloading passengers, freight or merchandise, or is a
contractor actively engaged in work activities. .
(b) Residential property. It shall be unlawful for any person to park or stand any of the
111 following vehicles upon property within a residential area.
(1) Any commercial vehicle,special mobile equipment,farm tractor or implement
of husbandry.
Ordinance No.3596-8-18,Page 3
(2) Any service vehicle;
(3) Vehicles parked so as to obstruct the view of traffic from adjacent driveways
or streets, or obstruct public sidewalks, alleys or rights-of-way.
It shall be a defense to a violation of this Section 9-277(b) if(i) the person is
parking or standing the vehicle for the purpose of expeditiously loading and
unloading passengers, freight or merchandise, or is a contractor actively
engaged in work activities, or(ii) the vehicle is a service vehicle parked on or
adjacent to property on which is located the primary residence of the owner or
operator of the service vehicle.
(c) Overnight parking. It shall be unlawful for any person to park or stand any vehicle
listed in (a) upon any public street, alley or public right-of-way within the City at any
time from thirty (30) minutes after sunset until thirty (30) minutes before sunrise.
(d) Recreational Vehicles. It shall be unlawful for any person to park any recreational
vehicle upon any public street, alley or public right-of-way within the city. It shall be
a defense to a violation of this Section 9-227(d) if:
(1) the person parked the recreational vehicle on a residential street for the purpose
of loading and unloading for a period not to exceed twenty-four(24)hours; or
(2) the person parked the recreational vehicle on a residential street for a period
not exceeding five (5) consecutive days adjacent to a residential dwelling the
residents of which the person was visiting.
(e) Defense:Disabled Persons. It shall be a defense to a violation of this Section 9-227 if
the person parked a passenger car, pickup truck; or passenger van which displays a
decal, identification card or other device bearing the International Symbol of Access
consisting of a stylized wheelchair on a blue background issued in accordance with
state law to any handicapped driver or a license plate issued by any state that bears the
International Symbol of Access.
D. Section 9-229 "Parking of Commercial Vehicles" is amended to read in its entirety follows:
Sec.9-229.-Parking of commercial vehicles
A person commits an offense if the person stops, parks or stands any commercial
vehicle, house trailer, special mobile equipment, farm tractor or implement of husbandry, or
trailer upon any public street, alley, right-of-way or public space within the City. This section
shall not apply to street construction, maintenance, and repair equipment; trucks, equipment,
trailers,and vehicles used by public service utility companies engaged in repairing or extending
public service utilities; motor busses when taking on or discharging passengers at customary
bus stops; other vehicles when actually parking at a designated loading zone, or where it is
lawful to park a commercial motor vehicle for the purpose of accepting or delivering
transportable goods; or a vehicle with a mechanical defect,making it unsafe to proceed further,
in which event,it shall be lawful to stand or park the vehicle during the time necessary to make
emergency repairs.
E. Article XII "Abandoned and Junked Motor Vehicles," Section 9-321 "Definitions" is amended by
amending the definition of"Junked Vehicle"to read as follows:
Ordinance No.3596-8-18,Page 4
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Junked vehicle: Means:
(a) A motor vehicle as defined in Texas Transportation Code Sec. 683.001, that is self-
propelled and:
(1) Displays an expired license plate or does not display a license plate; and,
(2) Is:
(i) Wrecked, dismantled or partially dismantled, or discarded; or
(ii) Inoperable and has remained inoperable for more than:
(a) Seventy-two (72) consecutive hours, if the vehicle is on
public property; or
(b) Thirty (30) consecutive days, if the vehicle is on private
property;
(b) A watercraft that:
(1) Does not have lawfully on board an unexpired certificate of number; and
(2) Is not a watercraft described by Section 31.055,Parks and Wildlife Code; or
(c) An aircraft that does not have lawfully printed on the aircraft an unexpired federal
aircraft identification number registered under Federal Aviation Administration
aircraft registration regulations in 14 C.F.R.Part 47.
SECTION 4. The Code of Ordinances of the City of Allen, Texas, be and the same is hereby amended by
amending Chapter 13 "Streets and Sidewalks" as follows:
A. Section 13-1 "Restricted Area"is amended to read in its entirety as follows:
Sec. 13-1.—Restricted Area
(a) No person should erect or maintain any wall, fence, plant life, or any other structure,
with the exception of utility poles or traffic control devices, in a visibility triangle, as
defined by Allen Land Development Code Section 8.05.1.
(b) A special exception to the requirements of this section may be granted when, in the
opinion of the city engineer,the item will not constitute a traffic hazard.
(c) The provisions of Sections 13-1 and 13-2 shall not apply to any business building,
family dwelling or apartment house existing in the City on April 1, 1999, not in
violation of any law of this state or ordinance of the city.
Ordinance No.3596-8-18,Page 5
(d) The provisions of Sections 13-1 and 13-2 shall not affect the City's right to administer
and control the remaining portions of its public street right-of-way not involved in the
triangular corner areas provided for herein.
B. Section 13-15 "Trees, Shrubs, and Plants" is amended to read as follows:
Sec. 13-15.-Trees,shrubs and plants.
Trees, shrubs or plants shall not create a hazard or an obstruction and shall be
maintained within the following minimum clearances:
(1) Overhead clearances of public Seven (7)feet vertical clearance.
sidewalks and other public pathways
(2) Lateral clearance of public sidewalks Six (6)inches from each edge of sidewalk or
and other public pathways pathway.
(3) Overhead clearance of streets Fourteen(14)feet vertical clearance.
(4) Lateral clearance of streets
No encroachment over or above the back of curb
or edge of paving.
(5) Sight clearance at intersections of city Unobstructed sight distance of two hundred(200)
streets feet.
(6) Sight clearance for signs erected by Unobstructed sight distance of one hundred(100)
the city feet.
Overhead clearance of public alleys
(7) and easements which have been
dedicated and improved for vehicular Fourteen(14)feet vertical clearance.
use
No encroachment over the edge of paving nor
Lateral clearance of alleys and shall any tree, shrub or similar plant extend into
(8) easements which have been dedicated the alley or easement more than eighteen (18)
and improved for vehicular use inches, or in any way obstruct or interfere with
vehicular traffic.
(9) Overhead clearance of street at Fourteen(14)feet.
outside edge of parking lane.
Trees shrubs or plants that are dead or which are hazardous to persons or property shall
be removed.
SECTION 5. Should any word, sentence, paragraph, subdivision,clause, phrase or section of this ordinance
or of the Code of Ordinances,as amended hereby,be adjudged or held to be void or unconstitutional,the same
shall not affect the validity of the remaining portions of said ordinance or the Code of Ordinances,as amended
hereby, which shall remain in full force and effect.
SECTION 6. An offense committed before the effective date of this ordinance is governed by prior law and
the provisions of the Code of Ordinances,as amended,in effect when the offense was committed and the former
law is continued in effect for this purpose.
SECTION 7. Any person,firm or corporation violating any of the provisions or terms of this ordinance or of
the Code of Ordinances as amended hereby, shall be subject to the same penalty as provided for in the Code of
Ordinance No.3596-8-18,Page 6
Ordinances of the City of Allen,as previously amended, and upon conviction shall be punished by a fine not to
exceed the amounts established in the Code of Ordinances for such offense.
SECTION 8. This ordinance shall take effect immediately from and after its passage and publication of the
caption as required by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY,TEXAS, ON THIS THE 28TH DAY OF AUGUST 2018.
APPkOVED:
--460
Stephen Terrell,MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G.Smith,CI Y ATTORNEY She ley B.Geor , RMC,CITY SECRETARY
(kb 1:8/22/l 8:101792)
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Ordinance No.3596-8-18,Page 7