HomeMy WebLinkAbout1762 12-12-2006ORDINANCE NO. 1762
AN ORDINANCE AMENDING CHAPTER 54, "PARKS,
RECREATIONAL AND CULTURAL FACILITIES," SECTION 54 -1,
"DEFINITIONS," AND SECTION 54 -56, "TRIMMING AND CORNER
CLEARANCE," OF THE CODE OF ORDINANCES OF THE CITY OF
EULESS AS AMENDED; ADDING DEFINITIONS; MODIFYING AND
ADDING REGULATIONS CONCERNING THE MAINTENANCE OF
TREES AND SHRUBS WITHIN AND OVERHANGING PUBLIC RIGHT-
OF-WAY; PROVIDING AN ABATEMENT CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE; AND AN
EFFECTIVE DATE.
WHEREAS, the City of Euless recognizes the importance of trees and shrubs in
enhancing the beauty of our community; and
WHEREAS, the City of Euless also recognizes that trees and shrubs that are not
properly maintained can become unsightly, cause limited visibility, contribute to traffic
accidents and cause damage to vehicles and utilities located on public streets and in
public right of ways;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, that Chapter 54, Section 54 -1 and Section 54 -56 of the Code of
Ordinances of the City of Euless be amended to read as follows:
SECTION I
THAT SECTION 54 -1, "DEFINITIONS" be amended by the addition of the
following definitions:
Public right -of -way means the entire width between the dedicated boundaries of
all public streets, roads, boulevards, alleys and includes all sidewalks and public parking
strips located within any such boundaries.
Woody vegetation includes trees, shrubs, plants and any other vegetation with a
woody stem.
SECTION it
THAT SECTION 54 -56, "TRIMMING AND CORNER CLEARANCE" be
amended in its entirety to hereafter be and read as follows:
SECTION 54 -56. TRIMMING OF TREES AND SHRUBS AND CORNER CLEARANCE
(a) Every owner of any woody vegetation overhanging any street or right -of-
way within the city shall trim the vegetation so that it shall not obstruct the
light from any street lamp, obstruct the view of any intersection, obstruct
the free passage of any sidewalk or the free passage of any street or alley
designated for public use.
(b) All woody vegetation overhanging a public right -of -way used as a public
street, or a platted alleyway used for mutual access, shall be maintained
at a minimum height of fifteen feet above the road surface measured at
the back of the curb or one foot behind the edge of the pavement if there
are no curbs present
(c) All woody vegetation overhanging a public sidewalk or other right -of -way
area not described in subsection (b) shall be maintained so that there shall
be a clear space of eight feet above the surface of said sidewalk or right -
of -way area.
(d) The city shall have the right to trim or cause to be trimmed any woody
vegetation maintained in violation of this ordinance without notice to the
property owner when necessary to effect removal of vegetation that is
rendering a street impassable, or creating an immediate hazard to life or
property. Property owners will receive twenty (20) days advance notice of
the City of Euless' intent to perform routine trimming of woody vegetation
overhanging the right -of -way from private property in violation of this
ordinance. The City of Euless, and any member of the city council, city
staff or contract employee, or contractor when acting for the City of
Euless, shall not be rendered personally liable for any damage that might
occur to persons or property as a result of any act required or permitted in
the discharge of his or her duties in enforcing this code.
(e) For purposes of the notification requirements listed under subsection (d),
notification shall be made to the owner of record as reflected in the current
tax roll. Notification can be made in person, by regular mail or through the
use of a door hangar placed upon the front door of the property. A
reasonable effort shall be made to notify an affected property owner of the
city's intent to trim vegetation in violation of the ordinance overhanging
public rights -of -way located adjacent to the owner's property. If personal
service cannot be obtained and a valid address for a property owner
cannot be obtained through the current tax roll, no further notification effort
is required. No liability is assumed by the City of Euless, any member of
the city council, city staff or contract employee, or contractor, if trimming
occurs and notification was not made in accordance with this ordinance for
any reason.
SECTION III
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance
are severable and if any phrase, clause, sentence, paragraph or section of this
ordinance shall be declared invalid or unconstitutional by the valid judgment or decree
of any court of competent jurisdiction, such invalidity or unconstitutionality shall not
Ordinance No. 1762, Page 2 of 3
affect any of the remaining phrases, clauses, sentences, paragraphs and sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such invalid or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION IV
SAVING CLAUSE. That Chapter 54 of the Code of Ordinances of the City of
Euless, Texas, as amended, shall remain in full force and effect, save and except as
amended by this ordinance.
SECTION V
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication as provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND GIVEN FIRST AND FINAL READING and approved at a
regular meeting of the Euless City Council on the 12th day of December, 2006, by a vote
of —7 ayes, 0 nays and 0 abstentions.
APPROVED:
Mary Lib cffileh, Mayor
ATTEST:
Susan Crim, RMC, City Secretary
APPROVED AS TO FORM:
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