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O-1089-3-92ORDINANCE NO. 1089-3-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING CHAPTER 13, 'STREETS AND SIDEWALKS," OF THE ALLEN CODE OF ORDINANCES BY ADDING AN ARTICLE H ESTABLISHING MINIMUM STANDARDS AND REGULATIONS PERTAINING TO PLANTS AND STRUCTURES ALONG STREETS, ALLEYS, ETC. WITHIN THE CITY; PROVIDING FOR RESPONSIBILITY FOR MAINTENANCE; ESTABLISHING ENFORCEMENT PROCEDURES; PROVIDING FOR NOTICE OF VIOLATION AND ABATEMENT OF NUISANCES; PROVIDING FOR 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1: From and after the effective date of this ordinance, Chapter 13, "Streets and Sidewalks," of the Allen Code of Ordinances is hereby amended by adding an Article II 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 repulating 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 or 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 be 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. 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. 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. SECTION 5: RESPONSIBILITY 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: Ordinance No. 1089-3-92 page 2 (See EXHIBIT A) 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 - eleven (11) 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 - eleven (11) 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, firm 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 Ordinance No. 1089-3-92 page 3 made and ten percent 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, COLLIN COUNTY, TEXAS, ON THE 19 t h DAY OF MARCH, 1992. n j f APPROVED AS TO FORM: Gary Edstrom, MAYOR PRO TEM ATTEST: A. er, TTO Ju Morr n, CITY SECRETARY Ordinance No. 108 9-3-92 page 4 Ordinance No. 1089-3-92 EXHIBIT "A" CITY OF ALLEN PUBLIC WORKS 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 #1089-3-92 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on ---Wednesday March 25, 1992 & Sunday March 29, 1992 and which was issued on March 25 , 1992 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. UaL=+----- - WORN to before me this day of A.D. 19-9�? '!'• ''' V.A. TODD 1•: MY COMMISSION EXPIAE3 ' Deember 5, 1992 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 0 . 5 0 _ 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, March 19, 1992 (Title and Penalty Clause only): Ordinance No. 1089-3-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Chapter 13, "Streets and Sidewalks," of the Allen Code of Ordi- nance's by Adding an Article II Establishing Minimum Standards and Regulations Per- 'tafnifig 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 Abate- ment of Nuisances; Providing for 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. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as heretofore amended; and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary 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, March 19, 1992 (Title and Penalty Clause only): Ordinance No. 1089-3-92: An Ordinance of the City of Allen, Collin County, Texas, Amending Chapter 13, '.Streets and Sidewalks," of the Allen Code of Ordi- nances by Adding an Article II Establishing Minimum Standards and Regulations Per- taining 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 Abate- ment of Nuisances; Providing for 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. That any person, firm or corporation violat- ing any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, as'heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each offense. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison City Secretary.