HomeMy WebLinkAboutO-1461-10-96ORDINANCE NO. 1461-10-96
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING ARTICLE II, "STANDARDS AND REGULATIONS," OF
CHAPTER 13, "STREETS AND SIDEWALKS," OF THE ALLEN CODE OF
ORDINANCES BY ESTABLISHING MaiIMUM STANDARDS AND
REGULATIONS PERTAINING TO PLANTS AND STRUCTURES ALONG
STREETS, ALLEYS, ETC. VIMIIN THE CITY; PROVIDING FOR
RESPONSIBILITY FOR MAINTENANCE; ESTABLISHING ENFORCEMENT
PROCEDURES; PROVIDING FOR NOTICE OF VIOLATION AND
ABATEMENT OF NUISANCES; PROVIDING INJUNCTIVE RELIEF;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND
DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT:
SECTION 1: From and after the effective date of this ordinance, Article II, "Standards and
Regulations," of Chapter 13, "Streets and Sidewalks," of the Allen Code of Ordinances is hereby
amended as set forth hereinafter.
SECTION 2: PURPOSE AND SCOPE.
A. Purpose - The purpose of this ordinance is to provide minimum standards and regulations to
help safeguard and preserve life or limb, property and public welfare by regulating the location
and maintenance of all plants and structures along streets, alleys, etc., within the City.
B. Scope - This ordinance shall apply to all zoning districts, land, properties and structures within
the City, including all vacant, occupied, residential, non-residential, improved or unimproved
land, properties and structures.
C. Other Ordinances - If any other ordinances of the City conflict with this ordinance and the
standards and regulations established herein, the higher or stricter standard or regulation shall
prevail.
D. Purpose and Intent - It is hereby declared to be the purpose and intent in this ordinance to
regulate and control public nuisances and other conditions and circumstances, as herein set forth,
that adversely affect the health, safety or welfare of the general public; it is not intended that
this ordinance be interpreted or enforced to require the City to intervene in matters which are
primarily personal or private in nature and which may appropriately be resolved between or
among private interests without material danger to the public health, safety or welfare.
SECTION 3: DEFINITIONS. Where terms are not defined, they shall have their ordinary accepted
meaning within the context with which they are used.
A. Enforcement Authority - The City Manager of the City of Allen or the person or department
to whom the City Manager from time to time may delegate the enforcement responsibility.
B. Structure - Structure shall mean any residential building, non-residential building, dwelling,
condominium, townhouse, apartment unit, detached garage, shed, awning, fence, screening wall,
sign, swimming pool, excavation, or any other edifice, erection or material placed or located on
any property within the City of Allen and any other improvement of any kind or nature.
C. Owner - Owner shall mean any person claiming or in whom is vested: the ownership, dominion
or title of real or personal property, including, but not limited to:
1. Holder of fee simple title;
2. Holder of life estate;
3. Holder of a leasehold estate for an initial term of five (5) years or more;
4. A buyer in possession, or having right of possession under a contract for deed;
5. A mortgagee, receiver, executor of trustee in possession or control, or having right of
possession or control, of real property;
6. Any agent who is responsible for managing, leasing or .operation of property.
D. Tenant - Tenant shall mean any person or their agent who occupies a structure or property.
E. Nuisance - The following shall b6 defined as nuisances:
1. Any public nuisance known and established at common law or in equity jurisprudence;
2. A live tree, shrub or other similar plant of any description which creates a hazard or
risk of damage or destruction to persons or property, contrary to the public health,
safety or welfare or in violation of the code and ordinances of the City;
3. Any other nuisance or public nuisance as defined by the codes and ordinances of the
City. i
F. Premises - Any parcel, lot or tract of land, including any structure, building, landscaping or trees
thereon or other -structure or improvement located thereon, to include right of way to the edge
of pavement of the street or alley.-
G.
lley:G. Lateral Clearance - The dimension measured horizontally and perpendicular to a sidewalk,
street, paved alley or easement within which no encroachment is allowed; or the dimension
measured horizontally and perpendicular to an alley or easement line beyond which no
encroachment is allowed.
SECTION 4: ENFORCEMENT AND INSPECTION.
A. The Enforcement Authority for the, ordinance shall be the City Manager of the City of Allen or
the person or department to whom the City Manager delegates the enforcement responsibility.
B. Whenever it is necessary to make an inspection to enforce this ordinance, or whenever the
enforcement authority has reasonable cause to believe that there exists in any structure or upon
any property a condition or violation which is unsafe, dangerous or hazardous or detrimental to
the public interest, the Enforcement Authority may enter such structure or property at all
reasonable times to inspect the same; provided that if such structure or property is occupied, he
shall first present proper credentials and request entry, and if such entry is refused, the
Enforcement Authority shall have recourse to every remedy provided by law to secure entry.
SECITON 5: RESPONSIBII ITY.
A. Owner - Every owner of the premises shall maintain such premises in compliance with this
ordinance. An owner shall not let, rent or lease a premises in occupancy or use which does not
comply with the provisions of the ordinance.
B. Owner and Tenant - Every owner and every tenant of the premises shall maintain the premises
in compliance with this ordinance.
SECTION 6. 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: i
Ordinance No. 1 1461-10-96 Page 2
1. Overhead clearances of public sidewalks and other public pathways - seven (7) feet
vertical clearance.
2. Lateral clearance of public sidewalks and other public pathways - six inches from each
edge of sidewalk or pathway.
3. Overhead clearance of streets - thirteen (13) 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 streets - unobstructed sight distance of two
hundred (200) feet.
6. Sight clearance for signs erected by the City - unobstructed sight distance of one
hundred (100) feet.
7. Overhead clearance of public alleys and easements which have been dedicated and
improved for vehicular use - thirteen (13) feet vertical clearance.
8. Lateral clearance of alleys and easements which have been dedicated and improved for
vehicular use - no encroachment over the edge of paving nor shall any tree, shrub or
similar plant extend into the alley or easement more than eighteen (18) inches, or in
any way obstruct or interfere with vehicular traffic.
9. Overhead clearance of street at outside edge of parking lane of fourteen (14) feet.
Trees, shrubs or plants that are dead or which are hazardous to persons or property shall be removed.
SECTION 7: NOTICE OF VIOLATION AND ABATEMENT OF NUISANCES.
A. In the event a nuisance as defined by this ordinance is found to exist upon any property within
the City, or in the event that any person, .finn or corporation owning, claiming occupancy or
having supervision or control of any property within the city limits, fails to comply with the
foregoing provisions of this ordinance, it shall be the duty of the Enforcement Authority or his
duly appointed representative to give a minimum of ten (10) days official notice in writing to
such person, firm or corporation which is creating such nuisance or is violating the terms of this
ordinance. If such person, firm or corporation fails or refuses to comply with the provisions of
this ordinance within the specified period following notification, they shall be considered to be
in violation and subject to fine and penalties as provided by this ordinance.
B. The notice shall be in writing and may be served on the property owner, or agent of same, by
handing it to him in person, by United States Mail, addressed to such owner, or agent of same,
at his post office address, or by posting such notices on the front door of the dwelling or
establishment.
C. The provisions above shall apply to all real properties occupied or unoccupied, except that the
requirement of a ten (10) day official notification is met and fulfilled when the Enforcement
Authority has given a ten (10) day notice in writing at least one (1) time in any calendar year
to such person, firm or corporation which is creating such nuisance or is otherwise in violation
of this ordinance.
D. The City shall further be entitled to go upon such above properties, and do or cause to be done
the work necessary to abate any public nuisance existing in violation of this ordinance if such
person, firm or corporation fails or refuses to comply with the provisions of this ordinance within
the specified period following official notification.
E. All costs for abatement of any such public nuisance, or any part thereof, including costs for
mailing of notice and filing of a statement with the County Clerk, and interest, shall be levied,
assessed and collected against such property abutting or upon which such public nuisance, or any
part thereof, is located. If any owner of such property shall fail to pay the costs so assessed
within thirty (30) days after being notified of such costs, the City shall file with the County Clerk
of Collin County, Texas a statement of said costs. The City of Allen, Texas shall have a
privileged lien on the premises and the personal obligation of the owner of such property, second
only to tax liens and liens for street improvements, to receive the costs so made, and ten percent
Ordinance No. 1461-10-96 page 3
interest on the amount from date payment is due. For any such costs and interest, suit may be
instituted in the name of the City of Allen, Texas; and the statement of costs as provided
previously in this ordinance shall be prima facie proof of the costs expended in such work.
SECTION 8: PENALTY.
Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor
and upon conviction in the Municipal Court shall be subject to a fine not to exceed Five Hundred
Dollars ($500.00) for each offense; and each and every day such violation continues, it shall constitute
a separate offense.
SECTION 9: INJUNCTIVE RELIEF.
In addition to and cumulative of all other penalties, the City shall have the right to seek injunctive relief
for any and all violations of this ordinance.
SECTION 10: SEVERABILITY CLAUSE.
If any section, subsection, paragraph, subdivision, clause, phrase or provision of this ordinance shall be
judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or
portion thereof, other than that portion so decided to be invalid or unconstitutional. All other portions
shall remain in full force and effect.
SECTION 11: DECLARING AN EMERGENCY.
The fact that the present ordinances of the City of Allen, Texas, do not adequately regulate property
maintenance within the City creates an urgency and an emergency in the preservation of the public
health, safety and welfare and requires that this ordinance shall take effect immediately from and after
its passage and publication of the caption of said ordinance as the law in such case provides, and it is
accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 17TH DAY OF OCTOBER, 1996.
7 VED AS TO FORM:
A. Don row , ,ATTORNEY
APPROVED:
Kevin L. Lilly, MAYO
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Ordinance No. 1461-10-96 Page 4
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn,
on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than
once a week, having a general circulation in said county, and having been
published regularly and continously for more than twelve (12) months
prior to publishing
Ordinance #1461-10-96
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
October 23 & October 26, 1996
and which was issued on
October 23. 1996
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publica ion is attached hereto.
SUBrIBED AND � ORIN to before me this
(� day , A. . 19 &
NOTARY PUBLIC In and for COLLIN COUNTY, TEXAS
Publisher's fee $55. 13
V. A. TODD
MY COMMISSION EXPIRES
December 5, 2000
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen
City Council adopted the following
ordinance at their regular meeting held on
Thursday, October 17, 1996 (Title and
Penalty Clause only):
Ordinance No. 1461-10-96: An
Or road n�the�ity oiATe�Collm
County, Texas, Amending Chapter 13,
"Streets and Sidewalks," of the Allen
Code of Ordinances by Establishing
Minimum Standards and Regulations
Pertaining to Plants and Structures along
Streets, Alleys, etc. within the City; Provid-
ing for Responsibility for Maintenance; Es-
tablishing Enforcement Procedures; Pro-
viding for Notice of Violation and
Abatement of Nuisances; Providing
Injunctive Relief; Providing for a Penalty of
Fine not to Exceed the Sum of Five Hun-
dred Dollars ($500) for Each Offense; and
Declaring an Emergency.
Any person violating any of the
provisions of this ordinance shall be
deemed guilty of a misdemeanor and
upon conviction in the Municipal Court
shall be subject to a fine not to exceed
Five Hundred Dollars ($500) for each
offense; and each and every day such
violation continues, it shall constitute a
separate offense.
A copy of this ordinance may be read
or purchased in the office of the City
Secretary, City of Allen, One Butler Circle,
Allen, Texas 75013
/s/Judy Morrison
City Secretary
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