The Whitney City Council recently approved an ordinance to address trees, bushes and other vegetation in streets and rights-of-way in the city.
The council’s action, taken at a July 25 special meeting, amends the Code of Ordinances relating to “offenses and nuisances” to include a section regarding property owner maintenance of public rights-of way.
The Texas Transportation Code authorizes Type A municipalities to require property owners and inhabitants to prevent obstruction of the street, sidewalk or gutter in front of their property.
The full amendment reads as follows:
(a) Trees and bushes.
(1) It shall be unlawful for the owner or occupant of property on which trees or bushes are located to allow such trees or bushes to grow in such a manner that limbs, branches or foliage overhang or otherwise obstruct a public street or right-of-way, or obstructs the view of a street or a right-of-way in a manner that may pose a threat to public safety, or which obstructs the view of a street intersection, or which may strike or injure persons or vehicles traveling on such streets or rights-of-way. Limb, branches, and foliage shall be kept trimmed and pruned to a minimum clearance of fourteen (14) feet above the level of any adjacent or nearby street or right-of-way at the nearest curbline or to such clearance that will provide an unobstructed view of traffic signs and controls and of the street, right-of-way or intersection.
(b) Additional maintenance of public rights-of-way.
(1) All landowners, lessors, lessees, and residents of any property bordering, adjoining or contiguous to a public right-of-way shall maintain all surface areas within the right-of-way, including sidewalks and curbs, in a clean, safe, and efficient manner.
i. Maintenance shall include, but not be limited to, removal of trash and debris, so as not to prevent safe and unobstructed pedestrian and vehicle travel.
ii. All grass and weeds trimmed or mowed to a height not to exceed six (6) inches. This clearance shall be measured vertically from the surface of the roadway.
(c) An exception to these requirements may be granted to lots with rear frontage on streets and highways separated by a wall or fence erected by a developer.
(d) In the event any landowner, lessor, lessee or resident of any property bordering, adjoining or contiguous to a public right-of-way property fails to comply with the provisions of this section, the city’s enforcement authority or designee shall provide official notice that such person or entity will have a minimum of ten (10) days to bring the property into compliance.
(e) If the landowner, lessor, lessee, or resident fails to comply with the provisions of this section within the time period prescribed in the notice, they shall be considered to be in violation of this section and subject to the penalty and fine set forth herein.
1.01.009 General penalty for violations of code; continuing violations.
Whenever in this code or in any ordinance of the city an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor, or whenever in such code or ordinance the doing of any act is required or the failure to do any act is declared to be unlawful, and no specific penalty is provided therefor, the violation of any such provisions of this code or any such ordinance shall be punished by a fine of not exceeding five hundred dollars ($500.00). However a fine or penalty for the violation of a rule, ordinance or police regulation that governs fire safety, zoning or public health and sanitation including the dumping of refuse may not exceed two thousand dollars ($2,000.00); provided, however, that no penalty shall be greater or less than the penalty provided for the same or a similar offense under the laws of the state. Each day any violation of this code or of any ordinance shall continue shall constitute a separate offense. In the event that any such violation is designated as a nuisance under the provisions of this code, such nuisance may be summarily abated by the city. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
A copy of the ordinance can be obtained on the City of Whitney website at cityofwhitneytx.org or by picking a copy up at City Hall.
