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Home My WebLink AboutOrdinances (O-99-1200)-12/21/1999ORDINANCE 0-99-1200 AN ORDINANCE TO AUTHORIZE THE REMOVAL OR TRIMMING OF TREE LIMBS OVER STREET RIGHTS-OF-WAY; DECLARING A PUBLIC NUISANCE; PROVIDING NOTICE AND ABATEMENT PROCEDURES; PROVIDING FOR A PENALTY FOR VIOLATION; AND AUTHORIZING PUBLICATION: WHEREAS, trees or tree limbs, when allowed to grow over or onto the parkway or pavement of a street right-of-way, may create a public nuisance and can cause a hazard to passing motorists or pedestrians; and WHEREAS, in some cases such overhanging limbs have become obstacles to viewing potential oncoming traffic for motorists at street intersections; and WHEREAS, the City Council finds the need to establish minimum clearance requirements over street pavement surfaces, and provide a method for notice to owners of adjacent properties to maintain trees, tree iimbs, and shrubs in a safe manner; and WHEREAS, notice of a public hearing before the City Council was pubfished in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the City Council is of the opinion that the proposed ordinance herein effectuated furthers the purpose of achieving public safety and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Trees overhanging street and sidewalk pavement. A. THAT any tree, shrub or tree limbs, which are growing at a height less than required by this ordinance, may be declared a public nuisance. B. THAT it shall be unlawful for any person owning or having supervision or control of any real property within the corporate limits of the City, to permit or allow a tree, shrub or tree limb to grow upon any such real property, or along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, between the property line and the edge of the street, if any portion of the tree, shrub or tree limb is growing at a height less than fourteen feet (14') above the pavement of the roadway, or seven feet (7') above the pavement of the sidewalk. C. THAT a tree, shrub or tree limb shall be deemed to interfere with or cause an obstruction to motorists or pedestrians if it obscures the Ordinance 0-99-1200 Page 2 of 3 motorists' or pedestrians' view of any street intersection, sign or traffic control device or if it otherwise causes or creates a hazard that could reasonably cause property damage or personal injury. D. THAT in the event that any person fails or refuses to comply with the provisions of this ordinance, the City shall give ten (10) days written notice of the violation to the property owner prior to abating the violation. For purposes of this ordinance, the property owner shall be the name according to the most recent official tax rolls. E. THAT if such person fails or refuses to comply with the provisions of this ordinance within ten (10) days after the date of notification as provided above, the City may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this ordinance. The specifications in this ordinance shall allow the City to remove a shrub, branch or tree if, after careful determination by the City, it is deemed to be an eminent threat to public safety. Taking into consideration the desire of our citizens to maintain the beauty of our tree canopied streets, limb trimming will be kept to the minimum required in order to preserve safety of vehicular travel. Sec. 2. Trees obscuring view in parkway visibility triangle. A. THAT trees, shrubs or tree limbs which interfere with, or cause an obstruction to motorists or pedestrians by obscuring the view within the parkway visibility triangle as illustrated on the attached Exhibit 'A', or the view of a traffic control device shall be hereby declared a public nuisance. For purposes of this ordinance, the viewing area shall be the area between thirty inches (30") and seven feet (7') above the ground. B. THAT in the event that a tree, shrub or tree limb is determined to be in violation of this ordinance, the City shall give ten (10) days written notice to the abutting property owner prior to abating the violation. The specifications in this ordinance shall allow the City to remove a shrub, branch or tree if after careful determination by the City (or its designated committee) it is deemed to be an eminent threat to public safety. C. THAT if such person fails or refuses to comply with the provisions of this ordinance within ten (10) days after the date of notification as provided above, the City may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this ordinance. Ordinance 0-99-1200 Page 3 of 3 D. THAT no live tree, which exceeds three inches (3") in diameter, measured at 48" above the ground, shall be removed unless authorized, after review, by a committee composed of the Public Services Director, the Chief of Police and the Fire Chief, and their decision shall be final. Sec. 3. THAT in the enforcement and administration of this ordinance, City Staff will use discretion when evaluating whether or not a young tree should be trimmed or allowed to grow in such a manner that it will eventually become in conformance with this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec.5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. Th first reading and public hearing being conducted on the 2/ s-� day of ,1999. The second reading and public hearing being conducted on the � day of _ ,2000. TABLED BY COUNCIL AT SECOND READINf,. APPROVED BY COUNCIL ON 1/18/00. A��"ST: CITY OF COLLEYVILLE: J�an Harris, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: ._---- Ross . F ter City Attorney Do na Arp Mayor street Sidewalk STREET CROSS SECTION — MINIMUM TREE CLEARANCES 300' - - � _ -,,.�;_ Property Line � � Visibility Triangle i f 1 � � : y Street � Edge of Pavement -�-- - - - - i I The visibility triangle shown on this drawing is typical and is applicable on both � �sides of the intersection. , � I NON — TREE OBSTRUCTION — VISIBILITY TRIANGLE EXHIBIT `A' 0-99-1200