From
Fred Bates, Jr.
Title
Ordinance amending the Code of Ordinances Part I, Chapter 29 - Code Compliance, Section 29-114 "Vegetation, Height and Density Restricted"; Repealing all ordinances in conflict; providing for a severability clause; providing for a cumulative clause; providing for a penalty clause; and providing for an immediate effective date upon passage
Presenter
Steve Dye, Chief of Police / Deputy City Manager, and Steve Collins, Code Compliance Manager
Recommended Action
Approve
Analysis
The City of Grand Prairie is situated within the expanding Dallas - Fort Worth Metroplex. This combination of varied; urban, suburban, commercial, and industrial growth necessitates a standardized code compliance system that is not capricious, arbitrary, nor inconsistent in maintaining compliance. The Grand Prairie Police Department, currently responsible for overseeing the City’s code compliance through the Code Compliance Division, reviewed and revised The City’s Code of Ordinances, Part I, Chapter 29 - Code Compliance, Section 29-114, in respect to the City’s restrictions on vegetation and high grass. This review and revision was based on “Best Practices” and brought the ordinance into alignment with industry standards.
The Police Department’s participation in this quality of life issue extends into the enforcement of the various public and private property standards and codes in order to fully ensure that citizens of the City continue to enjoy a positive experience within City.
The Public Safety, Health and Environmental Committee reviewed this item on Monday, December 3, 2018 and recommended that it be forwarded to the City Council for approval.
The City Council Development Committee reviewed this item on Monday, December 10, 2018 and recommended that it be forwarded to the City Council for approval.
Financial Consideration
None
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, AMENDING CHAPTER 29, “CODE COMPLIANCE,” OF THE CODE OF ORDINANCES BY THE AMENDMENT OF 29-114, “VEGETATION, HEIGHT AND DENSITY RESTRICTED”; REPEALING ALL ORDINANCES IN CONFILCT HEREWITH; PROVIDING A CUMULATIVE CLAUSE, A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, A PENALTY CLAUSE; AND TO BECOME EFFECTIVE UPON PASSAGE, APPROVAL, AND PUBLICATION
WHEREAS, overgrown vegetation creates health and safety concerns including an increased fire danger and a fall hazard;
WHEREAS, overgrown vegetation is an unsightly nuisance which can harbor rodents and other wildlife harmful to public health and safety;
WHEREAS, the City desires public right of ways and easements to be free from vegetation which may obstruct the view of potential hazards or otherwise create a fall hazard; and
WHEREAS, the City has adopted the Property Maintenance Code and wishes to designate a vegetation height consistent with other City Ordinances;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 29-114 of the Code of Ordinances is hereby amended to read as follows:
(A) It shall be unlawful for any person having a possessory or ownership interest in any property, or having management or control over any property, within the city, to allow weeds, grass, brush, or other vegetation, aside from trees and shrubs, to grow to a height of greater than ten (10) inches:
a. upon the property,
b. in, along, upon or across the sidewalk or street adjacent to such person’s property,
c. in, along, upon or across the area between the property line and the curb, or
d. if no curb exists, in, along, upon or across the area ten (10) feed beyond the property line of such person’s property and the street, alley, or other public right of way.
(B) It shall be an affirmative defense to prosecution under this section that the property was of two (2) acres or more and under single ownership and the weeds, grass, brush, or other vegetation in issue was on a portion of the property in excess of one hundred (100) feet from any public street or way, or was in an area in excess of one hundred (100) feet from any adjacent property under different ownership on which a habitable structure was located.
(C) It shall be an affirmative defense to prosecution under this section that the vegetation at issue is xeriscape. For the purposes of this section, xeriscape is defined as landscaping characterized by the use of vegetation that is drought-tolerant or a low water use in character and that sets landscape maintenance principles that promote good horticultural practices and efficient use of water.
(D) For the purposes of the International Property Maintenance Code Section 302.4, the City adopts a vegetation height of ten (10) inches. A person who violates both this section and 302.4 of the International Property Maintenance Code may be prosecuted under either provision.
SECTION 2. Savings Clause.
That Chapter 29, “Code Compliance,” of the Code of Ordinances of the City of Grand Prairie, Texas shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 3. Severability Clause.
If any article, section, sub-section, sentence or phrase of this Ordinance should be held to be invalid for any reason whatsoever, such invalidity shall not affect the remaining portions of this Ordinance which shall remain in full force and effect and to this end the provisions of this Ordinance are declared to be severable.
SECTION 4. Cumulative Clause.
All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
SECTION 5. Penalty Clause.
Any person, firm, association of persons, company, corporation, or their agents, servants, or employees violating or failing to comply with any of the provisions of this article shall be fined in accordance with Texas law and Section 1-8 of the Code of Ordinances, with a maximum fine of two thousand dollars ($2,000.00), and each day any violation of noncompliance continues shall constitute a separate and distinct offense. The penalty provided herein shall be cumulative or other remedies provided by state law and may be exercised in enforcing this article whether or not there has been a complaint filed.
SECTION 6. Effective Date.
This ordinance shall become effective from and after its passage and publication as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, this the 11TH day of DECEMBER, 2018