HomeMy Public PortalAboutOrdinance No. 1355-18 Tabled 05-14-2018 ORDINANCE NO. 1355-18
AN ORDINANCE OF THE CITY OF RICHLAND HILLS, TEXAS
ADDING SECTION 34-32 `BAMBOO RESTRICTIONS" TO ARTICLE II
"GRASS AND WEEDS" OF CHAPTER 34 "ENVIRONMENT" TO
REQUIRE REGISTRATION OF PROPERTIES WHERE BAMBOO IS
GROWN AND TO PREVENT THE SPREAD OF BAMBOO; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A SAVINGS CLAUSE; PROVIDING A PENALTY; PROVIDING FOR
PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Richland Hills is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter
9 of the Local Government Code; and
WHEREAS, the Texas Department of Parks and Wildlife has identified bamboo as an
exotic invasive species;
WHEREAS, the growing of bamboo, not controlled results in rapid spreading and
infestation of bamboo plants through its root system and underground rhizomes; and
WHEREAS, the growth of bamboo plants may cause serious damage to structures and
plant materials located in the path of the underground root system;
WHEREAS, Section 217.042 of the Texas Local Government Code authorizes a home
rule city to define, prohibit, and abate any nuisance within the municipality limits; and
WHEREAS, Section 342.004 of the Texas Health and Safety Code authorizes a
municipality to require owners of real property to keep properties free from conditions declared a
public nuisance;
WHEREAS, a home rule city may adopt reasonable guidelines in furtherance of such
authority; and
WHEREAS, the City Council finds that this ordinance is in the best interests of the
citizens of the City of Richland Hills.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF RICHLAND HILLS, TEXAS;
SECTION 1
Division 1 "Generally" of Article II "Grass and Weeds" of Chapter 34 "Environment" is
hereby amended by adding Section 34-32 entitled"Bamboo Restrictions"to read as follows:
"Sec. 34-32. —Bamboo Restrictions
(a) Definitions
Bamboo means any tropical or semi-tropical grasses classified as "running bamboo" with
rhizome (root) systems that spread in all directions from the location of establishment. Bamboo
includes,but is not limited to, running bamboo, golden bamboo, and heavenly or sacred bamboo.
Bamboo Owner means any property owner or resident who has planted and/or grows Bamboo, or
who maintains Bamboo on the property, or who permits Bamboo to grow or remain on the
property even if the Bamboo has spread from an adjoining property. Any property owner or
resident at whose property Bamboo is found will be considered a Bamboo Owner, except any
property owner or resident who:
(i) Did not plant or grow or cause Bamboo to be planted or grown on his or
her property; and
(ii) Has provided satisfactory proof to the City that, within thirty (30) days
after discovering th.• roachment of Bamboo onto that property from an
adjoining or neighbor ,roperty, did advise the owner of such property
bydeliveryof written an objection to the encroachment of the
J
Bamboo and a request for .amboo to be removed; and
(iii) Has ini ed steps for,. the removal of the Bamboo from his or her
propert
(b) Bamboo that is located within fifteen fee R ,a Ba oo Owner's property line or that
is encroaching, spreading, invading, or i-" - ding onto any other private or public
property or right-of-way is a public nuts s E
(c) For purposes of this Section, Bamboo found growing upon property shall constitute
presumptive evidence that the Bamboo was planted and/or grown by and with the
consent of the owner upon whose property the Bamboo is growing.
(d) Registration
(i) All Bamboo Owners shall complete an annual registration in writing, filed
with the City, and accompanied by the appropriate fee from the schedule
in appendix A.
(ii) Registration shall be renewed annually, prior to January 1st. Bamboo
Owners shall file an initial registration prior to planting Bamboo on their
property. Existing Bamboo Owners shall register their properties within
two weeks of the date of this ordinance's passage.
(iii) Bamboo Owners shall provide their name, property address where
Bamboo is located, and contact information, including their phone number
and email address.
(iv) Each registration must detail Bamboo Owner's plan to contain Bamboo
and prevent its spread to adjoining or neighboring properties and any
public right-of-way.
(v) Registration shall be valid for the Bamboo Owner who originally filed. If
there is a change of ownership, the new owner shall register the property
and provide a containment plan.
(vi) Failure to complete the required registration may result in the issuance of a
citation and the imposition of a penalty as provided in Section 1-14.
(e) All Bamboo Owners must confine Bamboo in a manner that will prevent the Bamboo
from encroaching, spreading, invading, or intruding onto any other private or public
property or right-of-way, and shall be required to take any such reasonable measure to
do so. Bamboo, including its root system, shall be setback a minimum of fifteen (15)
feet from a Bamboo Owner's property line.
(f) In the event that a property owner notifies a Bamboo Owner that Bamboo is
encroaching, spreading, invading or intruding upon such property owner's property,
as required under Section 34-32(a)(ii), such notifying property owner shall give
consent to the Bamboo Ownerk or the Bamboo Owner to enter such notifying
property owner's property in or."r that the Bamboo Owner may remove the Bamboo
thereon. Failure to give consent shall hold the notifying property owner responsible
for the removal of the encroaching Bamboo at such property owner's cost. Consent
shall also be deemed given to a contractor that the Bamboo Owner may hire for the
removal of the Bamboo, and to the City or the City's contractor should that become
necessary.
(g) In the event Bamboo growing on a Bamboo Owner's property encroaches a setback
or grows onto an adjoining or neighboring property, and the Bamboo Owner fails to
rent e the Bamboo, or fails to cause it to be removed following a request to do so by
the a fected adjoining property owner within ten (10) days from the date of the
request, the affected adjoining property owner shall notify the City of such
encroachment. The property owner shall provide satisfactory proof that the Bamboo
Owner was notified of the encroachment and had the requisite number of days to
remove the Bamboo. The city manager or his designee shall confirm the presence of
the encroaching Bamboo and shall notify the Bamboo Owner in writing of such
encroachment, which shall:
(i) Specify the nature and location of the violation;
(ii) Provide notice of the requirement to remove all portions of the
Bamboo plant from the affected adjoining property within ten (10)
days from the date of the notice; and
(iii) State that failure to comply with the notice and order may hold the
Bamboo Owner liable to the City for the cost of removal and any
citations and fines that may be imposed as provided in Section 1-14.
(h) If the Bamboo Owner fails to remove the Bamboo as directed in the notice sent
pursuant to subsection (f), the City may employ the abatement procedures of this
Chapter to remove the Bamboo. The City shall not be liable to an owner of property
affected by Bamboo for damages caused as a result of Bamboo removal.
SECTION 2
PROVISIONS CUMULATIVE
This ordinance shall be cumulative of all provisions of ordinances and of the Code of
Ordinances of the City of Richland Hills, Texas, as amended, except where the provisions of the
is ordinance are in direct conflict with the provisions of such ordinances and such Code are
hereby repealed. _
SECTION 3
PROVISIONS SEVERABLE
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs, and sections of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ord. ce shall be declared unconstitutional by the valid
judgment or decree of any court of comp jurisdiction, such unconstitutionality shall not
affect any of the remaining phrases, claus entences, paragraphs and sections of this
ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinanc f any such unconstitutional phrase, clause, sentence, paragraph
or section.
ECTION 4
RIGHTS REMEDIES SAVED
All rights and remedies of the City are expressly saved as to any and all violations of the
provisions of the City Code amended or revised herein, or any other ordinances affecting the
matters regulated herein which 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, whether
pe-t* +.'in court or not, under such ordinances, same shall not be affected by this ordinance but
may a e prosecuted until final disposition by the courts.
SECTION 5
PENALTY FOR VIOLATION
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 no more than Two Thousand Dollars ($2,000.00) for all other violations of this Ordinance.
Each day that a violation is permitted to exist shall constitute a separate offense.
SECTION 6
PUBLICATION
The City Secretary of the City of Richland Hills is hereby directed to publish this
ordinance or caption to the extent required by law.
SECTION 7
EFFECTIVE DATE
This ordinance shall be in full force and effect from and aftepassage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED ON THIS 14th DAY OF MAY .
r/r or
THE O• 1:.1 MA OR EDWARD LOPEZ
ATTEST:
CATHY BOURG, CITY SECRETARY
EIlH CTIVE DATE:
APPROVED AS TO FORM AND LEGALITY:
BETSY ELAM, CITY ATTORNEY