(a) 
Purpose.
The city council recognizes that properly constructed, regulated, and maintained sidewalks are important to its citizens’ health, safety, welfare, and general enjoyment. Furthermore, the city council finds that sidewalks are a convenience to citizens and are important for the proper development of the city.
(b) 
Maintenance of sidewalks.
A sidewalk or appurtenance thereto that becomes defective, unsafe, or hazardous, is hereby declared to be a public nuisance and unlawful. It will be the duty of the owner of the abutting property to reconstruct or repair the sidewalk at such owner’s expense. This duty exists independently of any action by the city to notify the abutting owners of the conditions. If a sidewalk or appurtenance thereto is found by the city to be defective, unsafe, or hazardous, the city will notify the owner of the abutting property to reconstruct or repair same. Failure to reconstruct or repair such defective, unsafe, or hazardous conditions within thirty (30) days from the date of written notice to do so, or failure to begin reconstruction or repair within fifteen (15) days from the date of such notice is unlawful, and may subject the abutting owner to the issuance of a citation and fine not to exceed $2,000.00 for each day the defective, unsafe, or hazardous condition is present.
(c) 
Abatement work by city.
If any individual and/or entity fails or refuses to comply with a notice to reconstruct and/or repair a sidewalk, the city may go upon such property and do any work necessary to obtain compliance with this section. Any expenses incurred by the city in performing remedial/abatement work on an affected sidewalk, may be assessed against the owner of the abutting property. Subsequent to the completion of any such work performed by the city, an itemized statement of the expenses incurred by the city will be provided to the owner. If the owner fails or refuses to pay such expense after the work has been completed, the city may file a lien with the county clerk’s office in an amount equal to the expenses incurred by the city in correcting the condition of the property. The amount of any lien filed hereunder shall accrue interest at the maximum legal rate allowed by law.
Editor’s note–Section II “residential sidewalk specifications” of Ordinance 101210A-10 adopted by the city on October 12, 2010 amended the design standards which was not published in this Code of Ordinances.
(Ordinance 101210A-10, sec. I, adopted 10/12/10; Ordinance 101210A-10, sec. III, adopted 10/12/10; Ordinance 101210A-10, sec. IV, adopted 10/12/10)
(a) 
Title.
This division may be referred to as the tree ordinance.
(b) 
Purpose.
This division is adopted so that the city may promote the public health, safety, and general welfare within the city through regulation of activities related to trimming, pruning and otherwise maintaining certain trees and shrubbery.
(Ordinance 06-009, sec. I, adopted 7/11/06)
(a) 
General definitions.
Words and phrases used in this division shall have meanings set forth in this section. Words and phrases that are not defined below shall be given their common ordinary meaning unless the context clearly requires otherwise. When not inconsistent with the context, words used in the present tense shall include the future tense, words in the plural number shall include the singular number (and vice versa), and words in the masculine gender shall include female gender (and vice versa). The word “shall” is always mandatory, while the word “may” is merely directory. Headings and captions are for reference purposes only.
(b) 
Specific definitions.
City council.
The governing body of the city.
Curb.
A vertical or sloping member along the edge of a pavement forming part of a gutter, strengthening or protecting the pavement edge and clearly defining the pavement edge to vehicle operators.
Gutter.
The artificially surfaced and generally shallow waterway provided usually at the side of the street, adjacent to and part of the curb, for the drainage of surface water.
Hedge.
A row of shrubs, bushes or small trees planted together, often for the purpose of forming a fence or boundary.
Mayor.
The elected or appointed chief executive officer of the city and presiding officer of the city council, or the mayor’s designee.
Person.
A human being, or his heirs, executors, administrators or assigns, and, where the context permits, also includes a firm, partnership, association, corporation, or other legal entity or its successors, assigns or agents.
Plant material.
Trees, shrubs, grasses, ground covers and other vegetation acceptable to the city.
Shrub.
A woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base.
Sidewalk.
The public right-of-way or area dedicated to public use and primarily designed for or used by pedestrians.
Street.
Any public right-of-way or area dedicated to public use for public street purposes, and includes, but is not limited to, highways, roadways, parkways, alleys and sidewalks.
Tree.
(1) 
A woody plant having one well-defined stem or multitrunk system and a more or less definitely formed crown.
(2) 
A plant listed as a tree in any of the following:
(A) 
Forest Trees of Texas, by the Texas Forest Service of the Texas A&M University system;
(B) 
Hortus Third: A Concise Dictionary of Plants Cultivated in the United States and Canada;
(C) 
National Audubon Society Field Guide to North American Trees; or
(D) 
A list of trees prepared by the city.
(Ordinance 06-009, sec. II, adopted 7/11/06)
(a) 
Generally.
The city shall have the power to administer and enforce the provisions of this division as may be required by governing law. Any person violating any provision of this division is subject to suit for injunctive relief as well as prosecution for criminal violations.
(b) 
Criminal prosecution.
Any person violating any provision of this division shall, upon conviction, be fined a sum not exceeding two thousand dollars ($2,000.00). Each day that a provision of this division is violated shall constitute a separate offense. An offense under this division is a misdemeanor.
(c) 
Civil remedies.
Nothing in this division shall be construed as a waiver of the city’s right to bring a civil action to enforce the provisions of this division and the codes herein adopted, and to seek remedies as allowed by law, including but not limited to the following:
(1) 
Injunctive relief to prevent specific conduct that violates this division or to require specific conduct that is necessary for compliance with the division;
(2) 
A civil penalty up to five hundred dollars ($500.00) a day when it is shown that the defendant was actually notified of the provisions of this division and after receiving notice committed acts in violation of this division or failed to take action necessary for compliance with this division; and
(3) 
Other available relief.
(Ordinance 06-009, sec. VI, adopted 7/11/06)
(a) 
The city shall have jurisdiction and supervision over all trees and plant materials planted or growing on city property or growing in, upon or over city property. The city shall have authority to plant, trim, spray, treat, preserve, and remove such trees and plant materials to ensure the public safety or preserve the aesthetics of city property.
(b) 
It is unlawful for any person to:
(1) 
Damage, cut, carve, transplant or remove any trees on city property;
(2) 
Attach a rope, nail, advertising poster or other contrivance to any city tree;
(3) 
Allow any gaseous liquid or solid substance which is harmful to trees to come into contact with city trees; and
(4) 
Set or permit any fire to burn when such fire, or the heat from such fire, will injure any portion of a tree on city property.
(Ordinance 06-009, sec. III, adopted 7/11/06)
(a) 
Trees extending over street or sidewalk.
It is unlawful for any person owning or occupying real property to maintain or permit trees located on such property in such a manner that the trees will obstruct or shade the streetlights, obstruct the passage of pedestrians, obstruct vision of traffic signs or obstruct the view of any street, sidewalk or alley intersection. The minimum clearance of an overhanging portion of a tree shall be:
(1) 
Eight (8) feet over sidewalks;
(2) 
Fourteen (14) feet over all streets and alleys; or
(3) 
Any such clearance as will provide an unobstructed view or passage.
(b) 
Shrubbery extending onto sidewalk or curb.
It is unlawful for any person owning or occupying real property to maintain hedges and shrubbery adjacent to public sidewalks or curbs in such a manner that the hedges and/or shrubbery extend more than four (4) inches onto a public sidewalk or curb.
(c) 
Maintenance.
Any and all people owning or occupying real property shall be responsible for maintaining all trees, shrubbery, hedges and plant material located on all areas of the real property in question, including any and all public and private rights-of-way and/or easements located on real property owned by said individual. Additionally, all property owners shall be responsible for maintaining trees, shrubbery, hedges and plant materials up and to the street/roadway.
(Ordinance 06-009, sec. IV, adopted 7/11/06)
(a) 
Upon finding that any tree, shrub, hedge or part thereof constitutes a nuisance and immediate danger exists to persons, property or other vegetation as a result of such nuisance, the city shall serve notice on the property owner to remove, trim or prune the tree, shrub or hedge.
(b) 
The method of service shall be one or more of the following:
(1) 
By personal delivery of the notice to the property owner;
(2) 
By leaving the notice with a person of suitable age and discretion on the premises;
(3) 
By mailing the notice by registered mail to the last known address of the property owner; or
(4) 
As otherwise provided under chapter 342 of the Health and Safety Code; and
(5) 
By affixing or posting notice:
(A) 
On the front door of any residential, commercial, or other structure located on the property, if the structure is occupied; or
(B) 
On the tree, shrub, or hedge in a manner that will not harm or destroy the tree, shrub or hedge.
(c) 
The notice shall set forth the time limit for compliance, which shall depend upon the degree of danger created by the tree, shrub or hedge, but shall in no case be longer than ten (10) calendar days. In cases of extreme danger, the mayor shall have the authority to require immediate compliance.
(d) 
If the owner of the property does not, within ten (10) days of notice of violation, have the tree, shrub or hedge removed, trimmed or pruned, it shall be declared a nuisance and the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this division.
(e) 
Costs incurred by the city in abating a nuisance under this section shall be assessed to the property owner. Notice of the costs of abatement shall be served on the property owner. The method of service shall be one or more of the following:
(1) 
By personal delivery of the notice to the property owner; or
(2) 
By leaving the notice with a person of suitable age and discretion on the premises;
(3) 
By mailing the notice by registered mail to the last known address of the property owner; and
(4) 
By affixing or posting notice:
(A) 
On the front door of any residential, commercial, or other structure located on the property, if the structure is occupied; or
(B) 
On the tree, shrub or hedge in a manner that will not harm or destroy the tree, shrub or hedge.
(f) 
The property owner shall have sixty (60) days after receipt of notice to remit full payment of any costs of abatement to the city.
(g) 
If the property owner or another person with an interest in the property fails to remit full payment for the costs of abatement within sixty (60) days, the city may file a lien against the property upon which the dangerous plant is located. The notice must contain the name and address of the owner if that information can be determined with a reasonable effort, a legal description of the real property on which the dangerous plant is located, the amount of expenses incurred by the city and the balance due. The lien is extinguished if the property owner or another person having an interest in the property reimburses the city for the expenses.
(h) 
A tree, shrub or hedge shall be deemed a nuisance if it or any part of it:
(1) 
Appears likely to fall on or otherwise harm a pedestrian or vehicle utilizing the city streets, alleys or sidewalks;
(2) 
In the case of trees, is not pruned to a height of fourteen (14) feet above the street to accommodate vehicles such as garbage trucks, buses and street maintenance trucks;
(3) 
In the case of trees, is not pruned to a height of eight (8) feet above the sidewalk;
(4) 
Obstructs a curb, gutter, street or sidewalk;
(5) 
Interferes with sewers;
(6) 
Is in dangerous proximity to interfere with public utilities; or
(7) 
Obstructs or interferes with the view or movement of pedestrian or vehicular traffic.
(Ordinance 06-009, sec. V, adopted 7/11/06)