HomeMy WebLinkAboutOrdinance 20277-07-2012ORDINANCE NO. 20277 -01 -2012
AN ORDINANCE AMENDING APPENDIX B "DEPARTMENT OF CODE
COMPLIANCE ", ARTICLE II "CODE COMPLIANCE ", DIVISION 2
"HIGH WEEDS AND GRASS" OF THE CODE OF THE CITY OF FORT
WORTH AT SECTION 11A -8 "HIGH WEEDS AND GRASS
PROHIBITED" SO AS TO REMOVE REFERENCES TO THE
"AVERAGE HEIGHT" OF WEEDS AND GRASS AND AT SECTION 11A-
11 "ASSESSMENT OF EXPENSES; LIEN" TO REMOVE THE
PROVISION THAT A LIEN MAY NOT BE FILED AGAINST A
PROPERTY PROTECTED BY THE HOMESTEAD PROVISIONS OF
THE TEXAS CONSTITUTION; PROVIDING A CONFLICTS CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING FOR
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, high weeds and grass create a fire hazard to structures and nearby
properties; and
WHEREAS, high weeds and grass may harbor rodents and vectors which may be
innately harmful to people and property or which may carry diseases that adversely affect the
health of humans and domestic animals; and
WHEREAS, high weeds and grass at one or more locations may diminish property
values and the appearance of a neighborhood, diminishing any incentive for others in the
neighborhood to maintain their own property from high weeds and grass, thus creating a self -
perpetuating cycle; 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 that requires the prevention and abatement of high weeds and grass to avoid these
harms; and
WHEREAS, making a fair and reasonable determination as to when high weeds and
grass create a nuisance sufficient to constitute a code violation is facilitated by a clear, objective,
and common -sense threshold and standard of measurement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
C f
Appendix B, Article 11, Division 2, Section 11A -8 "High Weeds and Grass" of the Code
of the City of Fort Worth is hereby amended to remove references to the "average height" of
weeds and grass as follows:
DIVISION 2. - HIGH WEEDS AND GRASS
Sec. I IA-8. - High weeds and grass prohibited
(a) Any property upon which weeds or grass exceed twelve (12) inches in height, is hereby
declared to be a nuisance.
(b) A person commits an offense if the person owns, occupies, or controls any real property
upon which weeds or grass exceed twelve (12) inches in height.
(c) A person commits an offense if the person owns, occupies, or controls any real property and
fails to maintain the parkway adjacent to the property free of weeds and grass that exceed an
twelve (12) inches in height.
(d) In a prosecution or other enforcement action of subsections (a) or (b) above, it is an
exception that the real property was a lot, tract, or parcel of land of two (2) or more acres under
common ownership and the high grass or weeds was no closer than one hundred (100) feet to:
(1) Any adjacent street; or
(2) Any structure or other improvement on any adjacent property owned by another
person.
(e) The provisions of this section apply to real property located within the City of Fort Worth,
Sec. I IA -9. - Abatement of high weeds or grass,
(a) The director is hereby authorized to give notice to the owner of any property upon which
high grass and weeds exist to abate the nuisance.
(b) If the owner of the property does not comply with an abatement notice issued by the
director within ten (10) days after the date the notice is received, the director may:
(1) Enter the property and do or cause to be done the work required to abate the nuisance;
and
(2) Pay for the work done and charge the expenses to the owner of the property.
(c) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed the owner at the owner's post office address; or
(3) If personal service cannot be obtained or the owner's post office address is unknown:
a. By publication at least twice within ten (10) consecutive days;
b. By posting the notice on or near the front door of each building on the property to
which the violation relates; or
C. By posting the notice on a placard attached to a stake driven into the ground on
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the property to which the violation relates, if the property contains no buildings.
(d) Notice will be deemed to have been received.
(1) For personal service, as of the date the notice was given personally to the owner;
(2) For mailed notice, three (3) days after it was mailed;
(3) For notice by publication, on the date that the last notice was published in the official
newspaper; or
(4) For notice by posting, ten (10) days after notice was posted.
(e) The director in the notice of a violation may inform the owner by certified mail, return
receipt requested, that if the owner commits another violation of the same kind or nature that
poses a danger to the public health and safety on or before the first anniversary of the date of the
notice, the city without further notice may correct the violation at the owner's expense and assess
the expense against the property.
(f) If a violation covered by a notice under subsection (e) occurs within the one-year period,
and the director has not been informed in writing by the owner of an ownership change, then the
city without notice may take any action permitted by subsections (a)(1) and (2) and assess its
expenses as provided by section 11 A -11.
Sec. I I A-10. - Abatement of weeds or grass in excess of forty-eight (48) inches.
(a) The director may abate, without notice, weeds or grass that:
(1) Have grown higher than forty-eight (48) inches; and
(2) Are an immediate danger to the health, life, or safety of any person.
(b) Not later than the tenth day after the date the director abates weeds or grass under this
section, the director shall give notice to the property owner in the manner required by section
11 A-9.
(c) This notice shall contain:
(1) An identification, which is not required to be a legal description, of the property;
(2) A description of the violations that occurred on the property;
(3) A statement that the city abated the weeds or grass; and
(4) An explanation of the property owner's right to request an administrative hearing
about the city's abatement of weeds or grass.
(d) The director shall conduct an administrative hearing on the abatement of weeds or grass
under this section if, not later than the thirtieth day after the date of the abatement of the weeds,
the property owner files with the director a written request for a hearing.
(e) An administrative hearing conducted under this section shall be conducted not later than the
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twentieth day after the date a request for a hearing is filed. The owner may testify or present any
witnesses or written information relating to the city's abatement of the weeds.
(f) The director may assess expenses and create liens under this section in accordance with
section 11A -11.
SECTION 2.
Appendix B, Article 11, Division 2, Section 11A -11 "Assessment of expenses; lien" of the Code
of the City of Fort Worth is hereby amended by removing subsection (e) so as to remove the
restriction against filing a lien on real estate protected by the homestead provisions of the Texas
Constitution as follows:
Sec. 11A -11. - Assessment of expenses; lien.
(a) All expenses incurred by the city to abate high grass or weeds, including the cost of giving
notice as required, shall initially be paid by the city and charged to the owner of the property.
(b) To obtain a lien against the property, the director shall file a statement of expenses with the
county clerk for the county in which the property is located. The lien statement shall state the
name of the owner, if known, and the legal description of the property. The lien attaches upon
the filing of the lien statement with the county clerk.
(c) The lien shall be security for the expenditures made and interest accruing at the rate of ten
(10) percent per annum on the amount due from the date of payment by the city.
(d) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
Sees. 11 A -12 -11 A -16. - Reserved.
That this ordinance shall be cumulative of all other ordinances of the City of Fort
Worth 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 4.
That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any
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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 or criminal, same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION S.
That 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 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 this ordinance, 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 6.
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 this ordinance shall be
fined not more than Two Thousand Dollars ($2000.00) for each offense. Each day that a
violation exists shall constitute a separate offense.
SECTION 7.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
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ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as
authorized by V.T.C.A. Local Government Code Subsection 52.013.
SECTION 8.
This ordinance shall take effect after adoption and publication as required by law.
By: -Xt'---- 0, 6
Arthur N. Bashor
Assistant City Attorney
Adopted: July 10, 2012
Effective:
Ordinance No. 20277-07-2012
Page 6 of 6
City of Fort Worth, Texas
COUNPI AC Appirdved, dnl/10/201 2 . -Ord inainew
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DATE: Tuesday, July 10, 2012 REFERENCE NO.: G-17626
LOG NAME: 23HIGH GRASS
SUBJECT:
Adopt Ordinance Amending Appendix B, "Department of Code Compliance", Article 11, "Code Compliance",
Division 2, "High Weeds and Grass" of the Code of the City of Fort Worth (ALL COUNCIL DISTRICTS)
It is recommended that the City Council adopt the attached ordinance amending Appendix B, "Department
of Code Compliance", Article 11, "Code Compliance", Division 2, "High Weeds and Grass" of the City Code
to remove references to the average height of weeds and grass and to remove the provision that liens will
not be placed on properties registered as a homestead under the Texas Constitution.
I a
Under the existing ordinance, a tall weeds and grass violation only occurs when the average height is 12
inches or greater. At times, there is confusion about what "average height" means. Is it the average height
of the grass area, the average height of the entire property or the average height of the yard treating front,
side and rear yards separately? To clarify the ordinance, Staff recommends removing references to the
"average height" and simply going with a height of 12 inches or greater. This change would make the
ordinance easier to understand and would make it similar to how other cities address such violations, e.g.,
Dallas, Arlington, Austin and San Antonio which simply state a minimum height. Additionally, this would
allow officers to address fire hazards, rodent and vector nuisances, and other hazards in a more timely
and effective manner.
If the revisions are approved, the Department would adopt a policy that would prioritize and outline
abatement procedures, e.g., tall dry grass in the summer (fire hazard) would be addressed when it
exceeds 12 inches, whereas, green faster growing grass in the spring would be addressed when the
average height exceeds 12 inches, In this case, average would be defined as the greater area where tall
grass exists, but would not have to include the entire property.
Under the existing ordinance, the City is not recouping the cost of mowing properties with a homestead
exemption. Many of these properties are neglected and require the City to mow several times a year. If the
revisions are approved, the City would not be able to foreclose on properties, but would be able to file and
recoup the costs of mowing when properties are sold.
Staff proposes to amend Appendix B, "Department of Code Compliance", Article 11, "Code Compliance",
Division 2, "High Weeds and Grass" of the City Code to remove references to the "average height" of
weeds and grass and to remove the provision that liens will not be placed on properties registered as a
homestead under the Texas Constitution.
The attached ordinance will be effective upon adoption and publication.
Logname: 23HIGH GRASS Page I of 2
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect on City
funds.
FUND CENTERS:
TO Fund/Account/Centers
... . ... ....... . . .....
CERTIFICATIONS:
Submitted for City Manager's Office b.,C.
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Charles Daniels (6199)
Brandon Bennett (6345)
Shannon Elder (6326)
Logname: 23HIGH GRASS Page 2 of 2