HomeMy WebLinkAboutOrdinance 23668-05-2019 ORDINANCE NO. 23668-05-2019
AN ORDINANCE AMENDING APPENDIX B, ARTICLE II, DIVISION 3
"NUISANCES," OF THE CODE OF THE CITY OF FORT WORTH,TEXAS
(2015), AS AMENDED, BY PROVIDING REGULATIONS TO AND
CONCERNING NUISANCE VEGETATION BY ADDING SECTION 11A-29
NUISANCE VEGETATION PROHIBITED; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES
AND REPEAL CONFLICTING ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Fort Worth seeks to provide for the health, safety and welfare of
its citizens; and
WHEREAS, the Texas Health and Safety Code provides that the governing body of a
municipality may require the owner of real property in the municipality to keep the property free
from weeds, brush, and conditions constituting a public nuisance; and
WHEREAS, nuisance vegetation may include brush, trees, undergrowth and other flora;
and
WHEREAS, nuisance vegetation provides harborage of rodents, mosquitos and other
disease-carrying pests which are innately harmful to people and property; and
WHEREAS, nuisance vegetation creates a fire hazard to structures and nearby
properties; and
WHEREAS, nuisance vegetation has been known to conceal criminal activity, including,
but not limited to, prostitution, illegal drug activity, illegal dumping and evading arrest or
detention; and
WHEREAS, Code Compliance staff contends that nuisance vegetation is most likely to
occur and become a perpetual problem on vacant or unattended properties and that well-
maintained properties discourage criminal activity; and
WHEREAS, it is in the legitimate interest of the City of Fort Worth to protect the health,
safety, and welfare of its citizens by setting reasonable standards for the maintenance of
properties and to abate nuisance vegetation in accordance with the Texas Health and Safety Code
and the City's home rule authority; and
WHEREAS, Code Compliance staff asserts that the ultimate determination as to when
vegetation becomes a nuisance as to constitute a code violation is best facilitated by the
Municipal Court or Building Standards Commission; and
WHEREAS, Code Compliance staff asserts that, after notice and hearing, the Building
Standards Commission is best equipped to order the repair or removal necessary to abate
nuisance vegetation while the Municipal Court is best equipped to adjudicate the criminal
citations issued in connection with the nuisance vegetation; and
WHEREAS, the abatement of nuisance vegetation may require the trimming or removal
of trees, shrubs, bushes, brush and other nuisance vegetation; and
WHEREAS, Code Compliance staff proposes adding a prohibition on nuisance
vegetation to Appendix B, Article II, Division 3 "Nuisances," of the Code of the City of Fort
Worth (2015), as amended to reduce the incidents of nuisance vegetation; and
WHEREAS, the Fort Worth City Council finds it advisable to adopt staffs
recommendations.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS THAT:
SECTION 1.
Appendix B, Article II, Division 3 "Nuisances," of the Code of the City of Fort Worth
(2015), as amended, is hereby revised to add a new section to read as follows:
I IA-29 NUISANCE VEGETATION PROHIBITED.
(a) Offense. An owner, occupant or person in control of private property commits an offense
if he or she fails to maintain the property free of rank or uncultivated vegetation that:
(1) creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin,
or other disease-carrying pests, regardless of the height of the vegetation; or
(2) conceals the habitual occurrence of criminal activity on the property; and
(3) such rank or uncultivated vegetation has existed on the property for a continuous
period of time in excess of thirty calendar days.
(b) Defenses. It is an affirmative defense to prosecution under this section that the vegetation
is:
(1) an agricultural crop;
(2) a cultivated tree or shrub; or
(3) located in an arranged or managed natural habitat preservation area or garden where
weed control or other periodic maintenance occurs.
SECTION 2.
That these ordinances shall be cumulative of all other ordinances of the City of Fort
Worth, Texas, and shall not repeal any of the provisions of such ordinances, except in those
instances where provisions of such ordinances are in direct conflict with the provisions of this
ordinance.
SECTION 3.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the City Code, or any amendments thereto that have accrued at the time of
the effective date of this ordinance; and as to such accrued violations, and all pending litigation,
both civil and criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 4.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of these ordinances are severable, and if any phrase,
clause, sentence, paragraph or section of these ordinances shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of these ordinances, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence,paragraph or section.
SECTION 5.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of these ordinances shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 6.
That the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish
these ordinances for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by Local Government Code Subsection 52.013.
SECTION 7.
These ordinances shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Matthew A. Mui7a aiy J. a e , Q-'Ay Secretary
Assistant City Attorney
ADOPTED: May 21, 2019
EFFECTIVE:
lEXNe)
5/22/2019 M&C-Council Agenda
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/21/2019 -Ordinance No. 23668-05-2019
DATE: Tuesday, May 21, 2019 REFERENCE NO.: **G-19544
LOG NAME: 23AMEND NUISANCE ORDINANCE
SUBJECT:
Adopt Ordinance Amending Appendix B, "Department of Code Compliance,"Article II, "Code Compliance,"
Division 3, "Nuisances," of the Code of the City of Fort Worth Texas (2015) to Provide Regulations
Concerning Nuisance Vegetation (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Appendix B, "Department
of Code Compliance,"Article II, "Code Compliance," Division 3, "Nuisances," of the Code of the City of
Fort Worth Texas (2015) to provide regulations concerning nuisance vegetation.
DISCUSSION:
Appendix B, "Department of Code Compliance," Article 11, "Code Compliance," Division 3, "Nuisances," of
the Code of the City of Fort Worth Texas (2015), as amended, reflects the City's desire to reduce and
abate environmental, health, zoning and housing nuisances. The Texas Health and Safety Code provides
that the governing body of a municipality may require the owner of real property in the municipality to keep
the property free from weeds, brush, and select conditions constituting a public nuisance.
Code Compliance is recommending amending Appendix B, Article 11, Division 3 "Nuisances" to add a new
section to regulate nuisance vegetation. Nuisance vegetation is known to harbor rodents and other
disease-carrying pests which may be innately harmful to people and property. Nuisance vegetation
creates fire hazards to structures and nearby properties. Nuisance vegetation has been known to conceal
criminal activity. Nuisance vegetation may also diminish property values and the appearance of a
neighborhood, diminishing any incentive for others in the neighborhood to maintain their own property, thus
creating a self-perpetuating cycle. Nuisance vegetation includes rank and uncultivated brush, trees,
undergrowth and other plant life.
By adopting this amendment, the Code Compliance Department will be able to better regulate nuisance
vegetation to provide for the health, safety and welfare of the residents. Enforcement action can be taken
against property owners who fail to maintain their property in accordance with the ordinance. Enforcement
action includes Municipal Court citations with a fine not to exceed $2,000.00 for each offense. The Code
Compliance Department may also take properties in violation to the Building Standards Commission to
request orders to abate the nuisance vegetation and lien the properties for the cost of abatement.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that the proposed changes will have no material effect on City funds.
FUND IDENTIFIERS (FIDs),:
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5/22/2019 M&C-Council Agenda
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CERTIFICATIONS:
Submitted for City Manager's Office by; Valerie Washington (6199)
Originating Department Head: Brandon Bennett (6345)
Shannon Elder (6326)
Additional Information Contact: Ben Carson (6336)
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