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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