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Home My WebLink AboutOrdinance 3364 ORDINANCE NO. 3364 AN ORDINANCE AMENDING SECTION 34-71 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES AND THE RESTRICTIONS ON THE HEIGHT OF WEEDS, GRASS AND OTHER PLANTS IN THE CITY; ESTABLISHING A PENALTY; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, City staff has recommended the clarification and amendment of the city restrictions on the height of plants as set out herein; and, WHEREAS, the City Council finds that these revised regulations promote public safety and the preservation of property values in the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1: THAT Section 34-71 of the North Richland Hills Code of Ordinances is hereby amended to read as follows: "Sec. 34-71. - Height limitations. (a) General limitation. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, or to grow in rank profusion upon said premises. The term "rank profusion" shall be deemed to mean any vegetation, brush, bush or tree that is allowed to grow in such a manner that it could damage buildings or structures or block ingress and egress or become a rodent harborage. All bushes, vegetation and trees must be trimmed and properly maintained in a manner, condition, or object which is or should not be objectionable, unsightly, or unsanitary to a person of ordinary sensitivities. In the event of extreme drought or other hazardous conditions, the fire marshal may require any grass, bush, tree or vegetation to be mowed or removed when the area is of such size or proximity to structures that in the opinion of the fire marshal it creates a potential fire hazard. It shall be unlawful for any person, firm or corporation owning or in control of any lot, tract or parcel of land, occupied or unoccupied, within the corporate limits of the city to suffer or permit grass, weeds, or any plant that is not cultivated, to grow to a greater height than ten inches, or to grow to a height of more than ten inches along the perimeter or around trees, or to grow in rank profusion upon said premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then the property shall be maintained to the traveled portion of the street. In the case of agricultural tracts, this article will be Ordinance No. 3364 Page 1 of 3 satisfied if the hay or grass is kept mowed to a height no greater than ten inches along the part of the tract adjacent to a thoroughfare, as follows: (1) Twenty feet along the part of the tract adjacent to Interstate/State Highway thoroughfares; (2) Fifteen feet along the part of the tract adjacent to Principal/Minor arterial or Major collector thoroughfares; (3) Ten feet along the part of the tract adjacent to Minor collector thoroughfares or Residential streets. Exception: This section shall not apply to any publicly designated natural area or to any drainage way, or to any undeveloped parkland. (b) Exception. The owner of a property may make a written application for a permit to exhibit wild flowers. Such permit will be issued by the building official, without charge provided the written application is submitted not later than March 31, of each calendar year. The permit shall be limited to the blooming season of the specific wildflower named in the permit. (c) Exception. It shall be a defense to prosecution under article III if the vegetation is any of the following: (1) Agricultural crops, except grass and hay, unless subsection (2) stated below applies; (2) Hay that is grown within designated growing season for the specific purpose of cultivation and is part of a predominately homogenous plant population may be grown to any height provided it is located no closer than the distance to thoroughfare designated under section (a) stated above; (3) Cultivated trees; (4) Cultivated shrubs; (5) Understory vegetation; (6) Flowers or other decorative ornamental plants and grasses under cultivation; (7) Native grasses, but only until such time as the majority of a species have gone dormant" Section 2: Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed five hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Section 3: 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 unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such Ordinance No. 3364 Page 2 of 3 invalidity shall not 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 phrase, clause, sentence, paragraph or section. Section 4: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. Section 5: This ordinance shall be in full force and effect immediately upon passage. AND IT IS SO ORDAINED. PASSED AND APPROVED on this13th day of July, 2015. CITY 0, •RTH ' ILLS kAlir By: ■ .5 a �""` 1'CH��. Oscar Trevino, Mayor ATTEST: '∎: • 1110 % tA,_- V„JC0,62r 7 Alicia Richardson, City Secretarj_-y )y,��` iollmtmitto APPROV ' ' TO FORM AND LEGALITY: %.01(�,; ./i George A. Staple City Attorney APPROVED AS TO CONTENT: Stef.,i ie Martinez, Di -ctor of Nei. % borhood Services Ordinance No. 3364 Page 3 of 3 INVOICE Star-Telegram Customer ID: CIT13 808 Throckmorton St. Invoice Number: 334748121 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/18/2015 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 7/31/2015 Bill To: PO Number: CITY OF NORTH RICHLAND HILLS/SE PO BOX 820609 Order Number: 33474812 NORTH RICHLAND HILLS, TX 76182- Sales Rep: 073 Description: City of North Richlan Attn:STACEY HARRISON Publication Dates: 7/16/2015 -7/18/201 5 li 6 / 1 4,4o 1 @ '',!,41-'-:J T p! I: 14s r �i.:;� ,, . ® .r ' 1 t CITY OF North Richland Hills City c Ordinance No. 3364 13580 1 33 33 LINE $0.80 $79.20 An Ordinance amending Section 34- 71 of the North Richland Hills Code of Ordinances and the restrictions on the height of weeds,grass and other plants in the city;establishing ' a penalty;providing for severability and providing for publication. Net Amount: $79.20 Any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor and upon final conviction thereof fined in an amount not to exceed five hundred Dollars ($500.00). Each day any such violation shall be allowed to continue shall constitute a separate violation and punishable hereunder. Passed and Approved on this 13th day of July, 2015. /s/Oscar Trevino •I Legal Notices i `,,t„ jAi.`,64N. CHRISTY LYNNE HOLLAND ;, Oscar Trevino Mayor a Notary Public,State of Texas '. ATTEST:harAlicia Richardson ' ,: Al y Commission Expires Alicia Richardson-City Secretary ! • �,.... , , APPROVED AS TO FORM AND Foct�,' July 31, 2016 LEGALITY: ''��"� i �__,. TH /s/George Staples ,.,.,011.,;e1 Co George Staples-City Attorney APPROVED AS TO CONTENT: /s/Stefanie Martinez � Be Stefanie Martinez, Director of 'said County and State,this day personally appeared Deborah Baylor,Bid and Legal Coordinator for the Star- Te Neighborhood Services gram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attacnea cnppmy was published in the above named paper the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7039 Signed -+-• SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday, ,my 24./ , �i Notary Pub c /' 41.4.W.:1 / • -.o Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT13 P.O. BOX 901051 Customer Name: CITY OF NORTH RICHLAN FORT WORTH, TX 76101-2051 Invoice Number: 334748121 Invoice Amount: $79.20 PO Number: Amount Enclosed: $