__________

*Cross references:　 Weeds and uncultivated growth; unlawful accumulations of solid waste, § 8-3-116 et seq.; health nuisances, § 8-5-51 et seq.　

State law references:　 Authority to define and prohibit nuisances, V.T.C.A., Local Government Code § 217.042.　

__________

For the purpose of this chapter the following terms shall be construed to have the following meanings:

Infected With Disease:　 Any Tree, shrub or plant possessing a disease such as virus, Dutch elm disease, chestnut blight, cotton root rot and other similar organisms to such an extent as to render timely, recognized, standard control measures or treatment ineffective.　

Infested With Insects:　 Any Tree, shrub or plant which has been attacked by insects to such an extent as to render timely, recognized, standard control measures ineffective.　

(Code 1960, § 15-16; Ord. No. 5583, § 2, 4-1-86)

Cross references:　 Definitions to apply throughout Code, § 1-2-1.　

Every person owning, leasing, possessing or controlling any private property within the City limits shall preserve any Tree, shrub or plant thereon in such manner as to prevent it from becoming Infested With Insects or Infected With Disease. Any Tree, shrub or plant which is or may become Infested with Insects or Infected With Disease is hereby declared to be a public nuisance.

(Code 1960, § 15-17; Ord. No. 5583, § 2, 4-1-86)

(a)　　　Inspections on private property.　 The Director of Parks and Recreation is hereby authorized to enter upon private property, during reasonable daylight hours, for the purpose of examining and, after examination, either approving, requiring treatment or condemning any Tree, shrub or plant located thereon. However, he shall not enter upon private property unless he has reason to believe that there is upon such private property a Tree, shrub or plant Infested With Insects or Infected With Disease. If the Director of Parks and Recreation is denied the right to inspect such vegetation, he may obtain an administrative Search Warrant.　

(b)　　　Conditions requiring condemnation.　 The Director of Parks and Recreation is required and authorized to condemn any Tree, shrub or plant which he may find upon inspection to be either Infested With Insects or Infected With Disease.　

(Code 1960, § 15-18; Ord. No. 5583, § 2, 4-1-86)

If the Director of Parks and Recreation finds some Tree, shrub or plant on private property which is attacked with insects or possessed of disease, or both, but not to an extent that it cannot be cured or controlled by timely, recognized, standard treatment and control measures, the Director of Parks and Recreation shall give written notice to the person owning, leasing or controlling the Tree, shrub or plant so affected. Thereupon, it shall be the duty of the owner, possessor or person in control, either or all, to take timely, curative, standard and recognized control measures as are necessary to control the disease or infestation.

(Code 1960, § 15-19; Ord. No. 5583, § 2, 4-1-86)

(a)　　　The Director of Parks and Recreation shall give notice in writing to the owner or person in possession, either or both, of private property upon which the Director of Parks and Recreation may have condemned a Tree, shrub or plant, in the form of a notice of condemnation of a particular Tree, shrub or plant. The Director of Parks and Recreation shall specify the Tree, shrub or plant that is condemned in the written notice, together with a statement indicating whether the Tree, shrub or plant was condemned by reason of being Infested With Insects or Infected With Disease.

(b)　　　Upon receipt of notice of condemnation, the owner or possessor of the private property shall, within ten (10) days from the receipt of the notice of condemnation, dig up the condemned Tree, shrub or plant and destroy the Tree, shrub or plant by removing it to the City disposal grounds.

(c)　　　No person shall permit any condemned Tree, shrub or plant to remain on any parkway, Street or Alley abutting the private property which he owns or controls for more than ten (10) days after the date of the receipt of notice of condemnation.

(Code 1960, § 15-20; Ord. No. 5583, § 2, 4-1-86)

(a)　　　Any owner having an objection to an order requiring him to destroy Trees or vegetation may appeal from the order to the City Parks and Recreation Commission at any time within ten (10) days from the date of service of notice upon him.

(b)　　　Notice in writing of the appeal must be filed with the City Secretary and the filing thereof shall act as a stay of proceedings until the appeal has been heard and determined by the Parks and Recreation Commission.

(Code 1960, § 15-21; Ord. No. 5583, § 2, 4-1-86)

(a)　　　Maximum Height; pruned Trees excepted.　 On no corner Lot which abuts an open intersection or intersection controlled by yield Signs, within a triangular area described by the intersection of the adjacent Curb lines, or if none exists the normal Curb lines, and a point on each Curb line forty-five (45) feet from the intersection, shall there be erected or maintained any wall, fence or other Structure, or any hedge, shrub or other growth higher than two and one-half (2 1/2) feet from the top of the adjacent Curb lines or if there is no Curb then from the top of the normal Curb line, except Trees which are pruned to a height of eight (8) feet or any vehicle parked in the Parkway portion of the triangle; provided, however, this provision shall not apply at intersections controlled by stop Signs or by official traffic-control signals.　

(b)　　　Through Streets.　 On no corner Lot which abuts an intersection of a Through Street and an intersecting Street shall there be erected or maintained any obstruction described in subsection (a) of this section, within a triangular area described by the intersection of the adjacent Curb lines, or if none exists, the normal Curb lines, and a point ten (10) feet from the intersection on the intersecting Street and one hundred (100) feet from the intersection on the through Street; provided, however, this provision shall not apply at intersections controlled by official traffic-control signals.　

(c)　　　Arterial and Collector Streets.　 On no Lot which abuts an Arterial or Collector Street, as shown on the Transportation Plan of the City, shall there be erected or maintained any obstruction described in subsection (a) of this section, within a triangular area described by the intersection of the adjacent Curb line, or if none exists, the normal Curb line, with a line perpendicular to the Curb line passing through the edge of any adjacent Driveway, and a point ten (10) feet from the intersection on the intersecting line and one hundred (100)feet from the intersection on the Street Curb line.　

(Code 1960, § 23-58; Ord. No. 5620, § 2, 2-26-86; Ord. No. 5771, § 3, 9-27-88)

No wall, fence or other Structure, or any hedge, Tree, shrub or other growth, shall be erected or maintained in any location so as to cause an obstruction of the view of an official traffic-control device from the adjacent Street.

(Code 1960, § 23-59; Ord. No. 5620, § 2, 8-26-86)

(a)　　　Any obstruction prohibited by this article is hereby declared a public nuisance in violation of this article.

(b)　　　Each day's violation after the Traffic Engineer gives notice by depositing a written notice of the violation in the mail, properly stamped and directed to the last known address, shall constitute a separate offense, and for each offense the person shall be subject to the penalty in section 1-1-5.

(Code 1960, § 23-60; Ord. No. 5620, § 2, 8-26-86)

(a)　　　The maintenance of any obstruction prohibited by this article shall be called to the attention of the owner of the Premises in writing by the Traffic Engineer or his agent. The notice may be given by personal delivery or by depositing it in the United States mail properly stamped and addressed to the owner's last known address.

(b)　　　If the obstruction has not been removed within ten (10) days from the date the notice was delivered or mailed, the Traffic Engineer or his agent is hereby authorized and directed to go on the Premises and summarily remove the obstruction.

(c)　　　A bill for the actual costs, in no case to be less than one hundred dollars ($100.00), incurred by the City resulting from the abatement of the condition existing by reason of the owner's failure to comply with the notice provided above, shall be mailed to the owner of the Premises and must be satisfied within thirty (30) days of the date of mailing of the bill.

(d)　　　If the bill has not been satisfied within the period specified in (c) of this section, the Traffic Engineer may file a statement with the county clerk of Potter or Randall County of the expenses incurred in the abatement of the above-described conditions.

(e)　　　The City shall have a privileged lien on any Lot upon which expense is incurred, second only to tax liens and liens for Street improvements, for the cost and ten (10) percent on the amount from the date such payment is due as stipulated in subsection (c) of this section.

(f)　　　For any such expenditure and interest as specified, suit may be instituted and recovery and foreclosure had in the name of the City.

(g)　　　The statement made by the Traffic Engineer as provided in subsection (d) of this service, or a copy thereof shall be prima facie of the cost incurred in any such work performed by the City.

(Code 1960, § 23-61; Ord. No. 5620, § 2, 8-26-86; Ord. No. 6726, § 1, 5-19-2004)

Secs. 16-3-80--16-3-100. Reserved.

Landscaping shall consist of the following or any combination thereof: grass, trees, shrubs, hedges, vines, domesticated blooming plants, and living ground cover. Such definition shall apply to the word "Landscaping" used in any tense, form, or part of speech. The use of native, drought-tolerant, or adapted plant material is encouraged.

(Code 1960, § 26-20.1(A); Ord. No. 5561, § 1, 12-3-85; Ord. No. 6699, § 8, 11-25-2003)

Cross references:　 Definitions to apply throughout Code, § 1-2-1.　

Landscaping is required as follows:

(1)　　　On all new construction and additions to or remodeling of existing Buildings, where the value of the additions or remodeling as calculated using the current Building valuation data cost per square foot as published in the Building Standards of the International Conference of Building Officials, exceeds fifty (50) percent of the existing Building value as shown on the tax rolls and a minimum value of the improvement of fifty thousand dollars ($50,000.00).

(2)　　　Additions to any existing Off-Street Parking Area shall require Landscaping of the entire contiguous parking area.

(Code 1960, § 26-20.1(B); Ord. No. 5561, § 1, 12-3-85; Ord. No. 5669, § 1, 3-3-87; Ord. No. 6085, § 1(A), 6-28-94)

(a)　　　On any Lot, Tract, Parcel of land or adjacent right-of-way in the R-1, R-2, R-3, MD, MF-1, MF-2, MH, O-1, O-2, NS, GR, LC and CB Districts, any multiple-family and nonresidential land use shall have the following minimum Landscaped areas:

(1)　　　Five (5) percent of the total Off-Street Parking area shall be devoted to Landscaping. The required Landscaping shall be located on that portion of the Lot situated between the proposed Building Line and the property line or lines adjacent to a Street and shall be permanently maintained. Where section 4-10-170 does not require a Front Yard Setback for a Building, the Building must be set back to accommodate the required Landscaping.

(2)　　　Public Rights-of-way between the back of Curb or edge of pavement and the property line (excluding the minimum required Sidewalk) shall be completely Landscaped.

(3)　　　Any Landscaped area in the Public Right-of-way in excess of ten (10) feet in width may be credited toward the five-percent requirement in subsection (a)(1) of the adjoining Lot.

(b)　　　On any Lot, Tract or Parcel of land and adjacent Right-of-way in the HC District, any multifamily and nonresidential land use shall meet the requirements of subsection (a) when the property fronts or sides on a freeway, expressway, State highway or designated section line arterial.

(c)　　　Required Right-of-way Landscaping for a nonresidential land use located on a Lot, Tract or Parcel of land having two hundred (200) feet or less of Street Frontage per Street may be alternatively located on the adjoining Lot if placed in accordance with and is in addition to the minimum five-percent landscaping requirement of section 4-10-248(a)(1).

(Code 1960, § 26-20.1(C); Ord. No. 5561, § 1, 12-3-85; Ord. No. 6268, § 1(QQ), 12-24-96)

In the Landscaping area, Trees having a minimum caliper size of two (2) inches when measured one (1) foot above ground level shall be planted on any Lot, Tract or Parcel of land as a part of the initial minimum Landscaping requirements. The Planning Department shall maintain a suggested tree list of species that are indigenous or well-adapted to Amarillo and make it available to the public. The minimum number of Trees and locations shall be as follows:

(1)　　　At least one (1) Tree shall be planted for every five thousand (5,000) square feet of the total developed Lot area. Calculation of developed Lot area is based on the site frontage multiplied by the site depth of the developed lot area. For projects where the site frontage is less than the actual development project width (i.e. panhandle or flag lots), the area would be calculated by multiplying the site width, at the widest point within the developed site, by the developed site depth.

(2)　　　All required Trees shall be planted in the Front Yard. Trees placed within the Public Right-of-way shall be planted within five (5) feet of the property line.

(Code 1960, § 26-20.1(D); Ord. No. 5561, § 1, 12-3-85; Ord. No. 6699, § 9, 11-25-2003)

(a)　　　The property owner, tenant and any agent thereof shall be jointly and severally responsible for the maintenance of all Landscaping materials in good condition at all times so as to present a healthy, neat and orderly appearance. Any Landscaping material that dies shall be replaced with healthy material within a reasonable time. All Landscaped areas shall be continuously maintained free of weeds, debris and litter. Weeds and natural uncultivated grass shall not be considered Landscaping.

(b)　　　All Landscaping must be irrigated or located within one hundred (100) feet of a private water outlet to which a hose may be connected.

(Code 1960, § 26-20.1(E); Ord. No. 5561, § 1, 12-3-85)

(a)　　　Landscaping shall not be used which would conflict in any way with the sight distance requirements or sight restriction requirements of Chapter 16-3, Article III.

(b)　　　Landscaping shall not be allowed in the area within ten (10) feet of the back of Street Curb which Landscaping is at a height greater than thirty (30) inches as measured from the top of the adjacent Street Curb.

(c)　　　Landscaping shall not be required in the Right-of-way of unpaved Streets when any such Street is not scheduled for paving within one (1) year of the completion of the required Landscaping.

(d)　　　Landscaping shall not be placed in an area of Right-of-way where a capital improvement project has been funded for such location. The City may at any time require such Landscaping in the Right-of-way to be removed or the City may remove such Landscaping if the property owner refuses to remove the Landscaping.

(e)　　　Landscaping shall not be required for a temporary use which will be in operation for a period of one (1) year or less.

(f)　　　Landscaping shall not be required on a Lot of twelve thousand (12,000) square feet or less except when such Lot adjoins another Lot which is smaller than twelve thousand (12,000) square feet.

(g)　　　Landscaping shall not interfere with handicap accessibility.

(h)　　　Where it has been determined that site constraints exist which render conformance of a particular site to the landscape requirements impracticable, the Director of Community Services or designee may approve an alternate proposal, which provides for landscaping as intended by this chapter, yet takes into account the constraints unique to the property in question. In determining the practicability and acceptability of the alternate proposal, the Community services Director shall consider the following factors:

(1)　　　The configuration of the lot or tract in question;

(2)　　　The square footage of the property in question;

(3)　　　The square footage of the property to be developed;

(4)　　　The zoning district of the property in question;

(5)　　　The zoning districts and landscaping on adjacent property;

(6)　　　The square footage of property abutting a roadway, compared with the square footage of the entire property;

(7)　　　The topography and soil on the property in question;

(8)　　　Alternate proposals of similarly situated properties; and/or

(9)　　　Other factors relevant or material to the circumstances of the site in question.

An appeal of the Director's or designee's decision may be made to the Zoning Board of Adjustment in accordance with the requirements and procedures in Article 11, Division 2 of this chapter.

(Code 1960, § 26-20.1(F); Ord. No. 5561, § 1, 12-3-85; Ord. No. 6699, § 10, 11-25-2003)

(a)　　　Prior to the issuance of a Building Permit or prior to the issuance of a paving permit, two (2) copies of a Landscaping Plan shall be submitted to the Code Enforcement Department for review and approval. The Landscaping Plan shall be drawn to scale, including all dimensions, and shall meet each of the following requirements:

(1)　　　Clearly show the location and size of any Buildings or Structures;

(2)　　　Clearly show the location of all paved Off-Street Parking areas;

(3)　　　Clearly show any fencing and the location, size and description of all Landscaping materials to be utilized on a site in accordance with the requirements of this section.

(b)　　　No Certificate of Occupancy and paving permit or either of them shall be issued unless the Landscaping Plan required herein complies with this section.

(Code 1960, § 26-20.1(G); Ord. No. 5561, § 1, 12-3-85)

It shall be unlawful to occupy or allow the occupancy of any Lot, Block, Parcel, Tract or Building site unless Landscaping is first installed and maintained in accordance with this division. In cases where a Building or Structure or paving project has been completed and a Certificate of Occupancy is needed, but due to weather conditions the required Landscaping has not been completed, the Building Official is authorized to issue a conditional Certificate of Occupancy. Such issuance shall be contingent upon the property owner or Developer filing of record in the deed records of the proper county an instrument with associated Landscaping Plans stating that the required Landscaping shall be installed within six (6) months of the issuance of the Certificate of Occupancy. Failure to install the Landscaping in accordance with the Landscaping Plan shall cause revocation of the Certificate of Occupancy.

(Code 1960, § 26-20.1(H); Ord. No. 5561, § 1, 12-3-85)

Variances to the requirements of this division may be authorized by the Zoning Board of Adjustment in accordance with the requirements and procedures in Article II, Division 2 of this chapter.

(Code 1960, § 26-20.1(I); Ord. No. 5561, § 1, 12-3-85)

Secs. 4-10-255--4-10-265. Reserved.

No shade Tree, shrub or flower shall be planted in any park median or island of the City until the Director of Parks and Recreation has approved the plant and the place where it is to be planted and until he has given written permission.

(Code 1960, § 15-23; Ord. No. 5583, § 2, 4-1-86)

No person, without the written permission of the Director of Parks and Recreation, shall place or maintain any stone, cement or other substance upon the ground in a park or landscaped median or island.

(Code 1960, § 15-24; Ord. No. 5583, § 2, 4-1-86)

(a)　　　Pruning, cutting and removing vegetation.　 No person, without the written permission of the Director of Parks and Recreation, shall cut, prune, break, climb with spurs, injure or remove any living Tree, shrub or flower in a park or landscaped median or island.　

(b)　　　Attaching signs and fixtures.　 No person shall place any rope, Sign, poster or other fixture on a Tree or guard in a park or landscaped median or island.　

(c)　　　Removing protective devices.　 No person shall injure, misuse or remove any device placed to protect a Tree, shrub or flowers on a park or landscaped median or island except in case of immediate necessity for the protection of the life of such property.　

(d)　　　Necessary trimming for wire clearance.　 This section shall not be construed to prohibit the proper and necessary trimming of trees for the reasonable clearance of wires being maintained in, on and over the parks or landscaped medians or islands of the City under the supervision of the Director of Parks and Recreation.　

(Code 1960, § 15-25; Ord. No. 5583, § 2, 4-1-86)

No person in a park shall:

(1)　　　Buildings and other property.　 Willfully mark, deface, disfigure, injure, tamper with or displace or remove any Building, bridge, table, bench, fireplace, railing, paving or paving material, water line or other public utility or part or appurtenance thereof, Sign, notice or placard, whether temporary or permanent, monument, stake, post or other boundary marker, or other structure or equipment, facility or park property or appurtenance whatsoever, either real or personal.　

(2)　　　Restrooms and washrooms.　 Litter a restroom or washroom or do anything to stop up commodes or lavatories, or deface walls of restrooms or washrooms.　

(3)　　　Trees, shrubbery, lawns.　 Remove any Tree or plant, or injure the bark, or pick the flowers or seeds of any Tree or plant: nor attach any rope, wire or other contrivance to any Tree or plant; nor dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area.　

(4)　　　Erection or modification of Structures.　 Construct, modify, or erect any Building or Structure of whatever kind, whether permanent or temporary in character, or run or string any public service utility into, upon, or across such lands, except by a permit issued hereunder.　

Any person engaged in the business of cutting or trimming Trees or shrubs shall be responsible for the disposal of Trees, Tree and shrub cuttings and trimmings at the expense of such person. It shall be unlawful for such person to deposit any Trees, Tree or Shrub cuttings or trimmings at any location for pickup by the City. Failure to properly dispose of such cuttings or trimmings shall constitute littering and is punishable in accordance with section 1-1-5 of this Code.

(Code 1960, § 11-24; Ord. No. 5578, § 2, 3-18-86)

It shall be unlawful for any owner, occupant or person in charge of any Premises to:

(1)　　　Allow the branches of any Tree to extend over or into a public Street or Alley at a height less than fourteen and one-half (14 1/2) feet;

(2)　　　Allow the branches of any Tree to extend over a public sidewalk at a height of less than seven (7) feet.

(3)　　　Allow any shrubbery or similar vegetation to extend into or over any public Street, Alley or Sidewalk blocking or hindering pedestrian or vehicular access.

(4)　　　The City may cut, trim, or remove any Tree, shrubbery or similar vegetation that encroaches upon a public Street, Alley or Sidewalk in violation of this section, to the extent needed to comply with this section. This remedy is in addition to any other remedy provided by section 1-1-5 or other law.

(Code 1960, § 21-54; Ord. No. 5627, § 2, 9-23-86; Ord. No. 6608, § 1, 8-13-2002)