HomeMy WebLinkAbout06935 ORD - 06/12/1963AN ORDINANCE
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DECLARING IT TO BE UNLAWFUL FOR ANY PERSON TO PLANT
OR TO PERMIT THE EXISTENCE OF ANY TREE OR SHRUB IN
ANY PART OF ANY PUBLIC STREET RIGHT OF WAY WHICH INTER-
FERES WITH THE PROPER LIGHTING OF ANY PUBLIC STREET
OR SIDEWALK AREA, OR WHICH INTERFERES WITH THE FREE
PASSAGE ALONG ANY SIDEWALK AREA OF PEDESTRIANS, OR
WHICH INTERFERES WITH THE FREE PASSAGE ALONG THAT
PART OF THE PUBLIC RIGHT OF WAY OTHER THAN SIDEWALK
AREA OF ANY VEHICLE; DECLARING THE EXISTENCE OF ANY
TREE OR SHRUB IN ANY PART OF ANY SIDEWALK AREA OR
WITHIN ANY STREET RIGHT OF WAY ABUTTING ANY PRIVATELY
OdNED PROPERTY TO BE A PUBLIC NUISANCE AND AN OFFENSE
BY THE OWNER AND/OR PERSON IN CONTROL OF SAID ABUTTING
PROPERTY WHERE ANY SUCH TREE OR SHRUB INTERFERES WITH
PROPER LIGHTING OF THE STREET RIGHT OF WAY AREAS OR
INTERFERES WITH THE FREE PASSAGE ALONG THE SIDEWALK
AREA OR STREET AREA, OR INTERFERES WITH THE VIEW OF
ANY VEHICLE OPERATOR TO THE EXTENT OF CONSTITUTING
A HAZARD TO THE SAFETY OF THE PUBLIC; DECLARING IT
TO BE THE DUTY OF EVERY OCCUPANT, OWNER OR AGENT OF
PREMISES TO KEEP ALL TREES AND SHRUBS ON SUCH PREMISES
AND/OR ON THE SIDEWALK AREA ABUTTING SUCH PREMISES SO
THAT NO TREE OR SHRUB OVERHANGS THE SIDEWALK AREA OR
STREET IN SUCH MANNER AS TO INTERFERE WITH FREE PASSAGE
OVER THE SAME; AUTHORIZING THE CITY MANAGER, ACTING FOR /
AND ON BEHALF OF THE CITY, TO DIRECT SUCH DEPARTMENT, DIVISION
OR EMPLOYEE AS HE MAY DESIGNATE, TO TRIM ANY AND ALL TREES
AND/OR SHRUBS ON ANY PREMISES OR ON ANY SIDEWALK AREAS OR
STREET AREAS ABUTTING THE PREMISES WHICH INTERFERES WITH
FREE PASSAGE OVER THE SAME OR SO OBSTRUCTS THE VIEW OF
VEHICLE OPERATORS AS CONSTITUTES A HAZARD TO THE SAFETY
OF THE PUBLIC, AFTER NOTICE TO THE ABUTTING PROPERTY
OWNER, OCCUPANT OR AGENT OF THE PREMISES, AND CHARGE
THE COST TO THE OWNER, OCCUPANT, OPERATOR, AGENT OR
PERSON IN CONTROL AND FIXING A LIEN AGAINST THE ABUTTING
PROPERTY TO SECURE SUCH COSTS; PROVIDING PENALTY FOR
VIOLATION; PROVIDING A SAVINGS CLAUSE; AND PROVIDING
FOR PUBLICATION.,
WHEREAS, TREES AND SHRUBS OVERHANGING SIDEWALK AREAS AND STREETS
CONSTITUTE OBSTRUCTIONS TO THE FREE PASSAGE OF PERSONS AND VEHICLES; AND
WHEREAS, MANY PROPERTY OWNERS HAVE, IN AN ATTEMPT TO BEAUTIFY THE
PREMISES AND ADJACENT SIDEWALK AREA, PLANTED AND PERMITTED TO GROW TREES AND
SHRUBS OF VARIOUS SIZES AND KINDS WHICH WOULD STILL HAVE A VALUE FOR BEAUTI-
FICATION IF TRIMMED AND KEPT WITHIN LIMITS PERMITTING FREE PASSAGE OF PERSONS
AND VEHICLES AND NOT PERMITTED TO INTERFERE WITH THE VIEW OF DRIVERS OF VEHICLES:
NCW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. IT SHALL HEREAFTER BE UNLAWFUL AND CONSTITUTE A NUISANCE
FOR ANY PERSON TO PLANT OR PERMIT THE EXISTENCE OF ANY TREE OR SHRUB IN ANY
PART OF ANY PUBLIC STREET RIGHT OF WAY, OR TO OJERHANG ANY PART OF ANY PUBLIC
STREET RIGHT OF WAY IF SUCH TREE OR SHRUB ALONE OR IN COMBINATION WITH ANY
OTHER TREE, SHRUB OR POST OR OTHER THING WITHIN SUCH RIGHT OF WAY:
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(A) INTERFERES WITH THE PROPER LIGHTING OF ANY PUBLIC
STREET OR SIDEWALK AREA;
(B) INTERFERES WITH THE FREE PASSAGE ALONG ANY SIDEWALK
AREA;
(C) INTERFERES WITH THE FREE PASSAGE ALONG ANY PART OF
THE PUBLIC RIGHT OF WAY OTHER THAN SIDEWALK AREA BY ANY PERSON
OR VEHICLE;
(D) INTERFERES WITH THE VIEW OF ANY VEHICLE OPERATOR
TRAVELLING ON OR ALONG SAID PUBLIC RIGHT OF WAY.
SECTION 2. IT SHALL BE THE DUTY OF EVERY OCCUPANT, OWNER OR AGENT
OF ANY PREMISES IN THE CITY TO KEEP ALL SHRUBS ON SUCH PREMISES OR IN THE
SIDEWALK AREA ABUTTING SUCH PREMISES TRIMMED SO THAT SUCH TREES AND /OR SHRUBS
WILL NOT OVERHANG THE SIDEWALKS OR STREETS IN SUCH MANNER AS TO INTERFERE
WITH FREE PASSAGE OVER THE SAME, OR IN SUCH MANNER AS TO INTERFERE WITH
PROPER LIGHTING OF THE SAME, OR IN SUCH MANNER AS TO INTERFERE WITH THE VIEW
OF VEHICLE OPERATORS. THE EXISTENCE OF TREES OR SHRUBS IN SUCH A POSITION
OR IN SUCH A CONDITION AS TO INTERFERE WITH THE VIEW BY VEHICLE OPERATORS OF
STREET SIGNS OR TRAFFIC CONTROL SIGNS OR DEVICES SHALL CONSTITUTE INTERFERENCE
WITH THE VIEW OF VEHICLE OPERATORS.
SECTION 3. ANY PERSON VIOLATING THE PROVISIONS OF EITHER OF THE
TWO PRECEDING SECTIONS SHALL BE SUBJECT TO A FINE OF NOT EXCEEDING $200.00,
AND EACH DAY SHALL CONSTITUTE A SEPARATE OFFENSE.
SECTION 4. IN ADDITION TO THE PENALTY PROVIDED IN THE PRECEDING
SECTION EVERY OWNER, OPERATOR, OCCUPANTS AGENT OR OTHER PERSON RESPONSIBLE
FOR THE ABUTTING PREMISES TO ANY STREET RIGHT OF WAY HAVING DANGEROUS,
HAZARDOUS OR OTHER CONDITIONS CONSTITUTING A NUISANCE SHALL UPON NOTICE BY
THE CITY MANAGER CORRECT THE SAID CONDITION SO AS TO ELIMINATE THE CONDITION
CONSTITUTING A NUISANCE. THE WRITTEN ORDER HEREIN PROVIDED MAY BE SERVED
IN ANY ONE OF THE FOLLOWING WAYS:
(A) BY MAKING PERSONAL DELIVERY OF THE ORDER TO THE PERSON
RESPONSIBLE;
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(B) BY LEAVING THE ORDER WITH SOME PERSON OF SUITABLE AGE AND
DISCRETION UPON THE PREMISES;
(C) BY AFFIXING A COPY OF THE ORDER TO THE DOOR AND THE ENTRANCE
OF THE PREMISES IN VIOLATION IF THERE BE A BUILDING ON THE PREMISES;
(D) BY MAILING A COPY OF THE ORDER TO THE LAST KNOWN ADDRESS TO
THE OWNER OF THE PREMISES, BY REGISTERED MAIL;
(E) BY PUBLISHING A COPY OF THE ORDER IN A LEGAL PAPER ONCE
A WEEK FOR THREE CONSECUTIVE WEEKS.
THE ORDER SHALL STATE A TIME LIMIT FOR COMPLIANCE. A PERSON TO WHOM
AN ORDER IS DIRECTED SHALL HAVE THE RIGHT, WITHIN SEVEN (7) DAYS OF THE SERVICE
OF SUCH ORDER, TO APPEAL TO THE CITY MANAGERS WHO UPON SUCH APPEAL BEING TAKEN
SHALL REVIEW SUCH ORDER WITHIN TWO (Z) DAYS AND FILE HIS DECISION THEREON. NO
PERSON TO WHOM AN ORDER IS DIRECTED SHALL FAIL TO COMPLY WITH SUCH ORDER, OR
IF AN APPEAL HAS BEEN TAKEN, FAIL TO COMPLY WITH THE ORDER ENTERED ON SUCH
APPEAL. UPON THE FAILURE OF THE PROPERTY OWNER, OCCUPANTS OR AGENT OF THE
OWNER OF ANY PREMISES WHO SHALL FAIL TO COMPLY WITH SUCH ORDERS THE CITY MANAGER
OR SUCH DEPARTMENT, DIVISION OR EMPLOYEE AS HE MAY DIRECT SHALL REMEDY THE CON-
DITION AND THE COST OF SUCH REMEDY SHALL BE CHARGED TO THE PERSON TO WHOM THE
ORDER IS DIRECTED AND AS TO THAT PART OF THE COST RESULTING FROM THE EXISTENCE
OF TREES OR SHRUBS GROWING ON THE PREMISES SHALL CONSTITUTE A LIEN AGAINST THE
PREMISES SO OWNED OPERATED OR OCCUPIED BY SUCH PERSON. IF SAID COST OF REMEDY-
ING OF SUCH CONDITION IS NOT PAID WITHIN TEN (10) DAYS THE CITY MANAGER OR
THE HEAD OF THE DEPARTMENT OR DIVISION, OR THE EMPLOYEE DIRECTED TO REMEDY
SAID CONDITIONS SHALL PREPARE A STATEMENT OF EXPENSES CONSTITUTING THE COST
OF SUCH REMEDY GIVING THE AMOUNT THEREOF, THE DATE ON WHICH THE WORK WAS DONE,
AND A DESCRIPTION OF THE PREMISES UPON WHICH THE WORK WAS DONE OR WHICH PREMISES
ABUT A PORTION OF THE STREET RIGHT OF WAY AREA UPON WHICH SUCH WORK WAS DONE,
AND FOR SUCH PART OF SAID EXPENSES AND COSTS AS AROSE FROM REMEDYING THE CON-
DITION ON THE PREMISES OR RESULTING FROM TREES OR SHRUBS EXISTING ON OR GROWING
ON THE PREMISES, THE CITY MANAGER OR SAID DEPARTMENT HEADS DIVISION HEAD OR
EMPLOYEE DIRECTED TO REMEDY SUCH CONDITION SHALL FILE SUCH STATEMENT WITH THE
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COUNTY CLERK OF THE COUNTY OF NUECES, VERIFIED BY THE AFFIDAVIT OF THE CITY
MANAGER OR THE DIRECTOR OF THE DEPARTMENT OR DIVISION OR THE EMPLOYEE IN-
STRUCTED TO REMEDY SAID CONDITION; AND THE FILING OF THE SAME SHALL CONSTITUTE
A PRIVILEGED LIEN ON SUCH REAL ESTATE TO SECURE THE SAID EXPENSES AND COSTS.
SAID LIEN SHALL BE SECOND ONLY TO DEMAND FOR TAXES AND LIENS FOR STREET
IMPROVEMENTS. THE AMOUNT SHOWN ON SUCH STATEMENT SHALL BEAR INTEREST AT TEN
PERCENT (10%) FROM THE DATE THE STATEMENT WAS PREPARED. FOR ANY AND ALL
SUCH EXPENDITURES AND INTEREST, AS AFORESAID, SUIT MAY BE INSTITUTED AND
RECOVERY AND FORECLOSURE OF SUCH LIENS IF ANY MAY BE HAD IN THE NAME OF
THE CITY. THE STATEMENT OF EXPENSES AND COSTS SO MADE, AS AFORESAID, OR A
CERTIFIED COPY THEREOF, SHALL BE PRIMA FACIE PROOF OF THE AMOUNT EXPENDED
FOR THE REMEDYING OF THE CONDITION.
SECTION 5. IF FOR ANY REASON ANY SECTIONS PARAGRAPHS SUBDIVISION
CLAUSE] PHRASE, OR PROVISION OF THIS ORDINANCE SHALL BE HELD INVALID, IT SHALL
NOT AFFECT ANY VALID PROVISIONS OF THIS OR ANY OTHER ORDINANCE OF THE CITY
OF CORPUS CHRISTI TO WHICH THESE RULES AND REGULATIONS RELATE.
SECTION 6. PUBLICATION SHALL BE MADE IN THE OFFICIAL PUBLICATION
OF THE CITY OF CORPUS CHRISTI, ONE TIME, WHICH PUBLICATION SHALL CONTAIN
THE CAPTION STATING IN SUBSTANCE THE PURPOSE OF THE ORDINANCE AND RECITING
THE PENALTY FOR VIOLATION OF THE ORDINANCE.
THAT THE FOREGOING ORDINANCE WAS FOR THE FIRS AND
PASS �f.D° 10 ITS SECOND READING ON THIS THE --��f /-DAY OF y
BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
I
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
THAT THE FOREGOING ORDINAN - W AS READ F R HE SECON#IME
D PASSED
TO ITS THIRD READING ON THIS THE DAY OF
BY THE FOLLOWING VOTE:
JAMES L. BARNARD
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
THAT THE
FINALLY ON THIS THE
THE FOLLOWING VOTE:
W. H. WALLACE, R.
FORE 01 ORDINANC W S READ FOR THE THI IME AND PASSED
DAY OF 19 y BY
JA ME L. BARNARD Q
JAMES H. YOUNG
JACK R. BLACKMON
JOSE R. DELEON
M. P. MALDONADO
W. J. ROBERTS
W. H. WALLACE, JR.
PASSED AND APPROVED, THIS THE DAY OF
ATT
CITY SEC Ay0yL
APPROV D AS EG AL FORM 74
.2 S DAY OF 19 h8L :
YOR
THE CITY OF CORPUS CHRISTI, TEXAS
CITY ATTORNEY ��-