HomeMy WebLinkAboutORDINANCE 6045113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6045
File Number: 2018-0097
AMEND CHAPTER 98 & CHAPTER 50:
AN ORDINANCE TO AMEND § 98.02 DUTY OF PROPERTY OWNER AND OCCUPANT TO
KEEP SIDEWALKS FREE FROM OBSTRUCTIONS, §98.04 GROWING TREES AND OTHER
VEGETATION NEAR INTERSECTIONS; RIGHT-OF-WAY TO BE KEPT FREE FROM GRASS
AND WEEDS, § 98.08 SPILLING OR TRACKING DEBRIS ONTO PUBLIC STREETS AND §
50.01 DEFINITIONS OF THE FAYETTEVILLE CODE, AND TO ENACT §98.09 ABATEMENT BY
CITY; COSTS RESPONSIBILITY OF OWNER
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 98.02 Duty of
Property Owner and Occupant to Keep Sidewalks Free From Obstructions and enacts a new § 98.02 as
follows:
"(A) The owner, occupant or agent of every house or parcel of land in the city shall keep the sidewalk and
gutter in front or alongside the same free from all obstructions of grass, leaves, weeds or other growths,
substances or things.
(B) The owner, occupant or agent of every house or parcel of land in the city may not place, maintain, or
permit a tree or plant to obstruct a sidewalk. Vegetation growing over a sidewalk shall be trimmed by the
property owner, occupant or agent at a minimum clearance of 8 feet above the sidewalk for the full width of
the sidewalk. Where adequate right of way exists, clearance shall be 2 feet back from the edge of sidewalk
or edge of pavement if no sidewalk exists. In no event, shall this require clearance outside of the existing
public right-of-way. Newly planted street trees are exempt from the 8 -foot clearance requirement until they
are large enough to be
Page 1 Printed on 317118
Ordinance: 6045File
Number: 2018-0097
trimmed to compliance."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 98.04 Growing
Trees and Other Vegetation Near Intersections; Right -Of -Way To Be Kept Free From Grass And
Weeds by adding "tall" in front of "grass."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 98.08 Spilling
or Tracking Debris Onto Public Streets by repealing it in its entirety, renaming it and enacting the
replacement § 98.08 as follows:
"Spilling or Tracking Debris Onto Public Streets, Sidewalks or Trails
(A) Any person who spills dirt, gravel, sand, offal, or any other similar material, or who tracks mud, dirt or
other debris onto any public street, sidewalk or trail of the City of Fayetteville shall be responsible for the
prompt and thorough clearance and cleaning thereof. The Mayor or duly authorized representative is
hereby authorized to order the responsible party to clear and clean any affected street, sidewalk or trail
within three business days of notice. The City shall promptly give the responsible party written notice
(which can be by hand delivery, mail, or posting the property) of the Mayor's Order to clean or clear the
street, sidewalk or trail.
(B) If the responsible party fails to clear and clean the affected street, sidewalk or trail within three (3)
business days of receipt of notice, the City may undertake the street, sidewalk or trail cleaning, and bill the
responsible party for the costs thereof, at the overtime rate for said staff.
(C) The responsible party may request that the Mayor or duly authorized representative conduct an
administrative review of such an order, or the appropriateness of the amount assessed for the cleaning. The
decision of the Mayor or duly authorized representative shall constitute final administrative action in the
matter."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 98.09
Abatement By City; Costs Responsibility of Owner as follows:
"If the conditions described in a notice given pursuant to §98.02 and §98.04 are not removed or corrected
within ten (10) days after such notice is given, the Mayor, or his duly authorized representative, is hereby
authorized to do whatever is necessary to correct or remove the conditions described, in the notice. The costs
of correcting said conditions shall be charged to the owner or owners of the property.
Page 2 Printed on 3/7/18
Ordinance: 6045
2018-0097
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 50.01
Definitions of Chapter 50 Recycling and Trash Collection by enacting the following as an additional and
final sentence to the definition of "Curbside".
"If a street has a sidewalk adjacent to the curb, the recycling, trash and yard waste bins, carts and containers
shall be placed at the back of the sidewalk to avoid impeding access on the sidewalk."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 50.20 Service
Requirements by amending the location allowed for garbage carts to be within "6" feet rather than "3" feet
of the curb, street or alley.
PASSED and APPROVED on 3/6/2018
Attest:
Sondra E. Smith, City Clerk Treasurer
Page 3 Printed on 3/7/18
City of Fayetteville, Arkansas 113 West Mountain Street
r` Fayetteville, AR 72701
(479) 575-8323
Text File
�` -- File Number: 2018-0097
Agenda Date: 3/6/2018 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 5
AMEND CHAPTER 98 & CHAPTER 50:
AN ORDINANCE TO AMEND § 98.02 DUTY OF PROPERTY OWNER AND OCCUPANT TO
KEEP SIDEWALKS FREE FROM OBSTRUCTIONS, §98.04 GROWING TREES AND OTHER
VEGETATION NEAR INTERSECTIONS; RIGHT-OF-WAY TO BE KEPT FREE FROM GRASS
AND WEEDS, § 98.08 SPILLING OR TRACKING DEBRIS ONTO PUBLIC STREETS AND §
50.01 DEFINITIONS OF THE FAYETTEVILLE CODE, AND TO ENACT §98.09 ABATEMENT BY
CITY; COSTS RESPONSIBILITY OF OWNER
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 98.02 Duty of
Property Owner and Occupant to Keep Sidewalks Free From Obstructions and enacts a new § 98.02 as
follows:
"(A) The owner, occupant or agent of every house or parcel of land in the city shall keep the
sidewalk and gutter in front or alongside the same free from all obstructions of grass, leaves,
weeds or other growths, substances or things.
(B) The owner, occupant or agent of every house or parcel of land in the city may not place,
maintain, or permit a tree or plant to obstruct a sidewalk. Vegetation growing over a sidewalk
shall be trimmed by the property owner, occupant or agent at a minimum clearance of 8 feet
above the sidewalk for the full width of the sidewalk. Where adequate right of way exists,
clearance shall be 2 feet back from the edge of sidewalk or edge of pavement if no sidewalk
exists. In no event shall this require clearance outside of the existing public right-of-way.
Newly planted street trees are exempt from the 8 -foot clearance requirement until they are
large enough to be trimmed to compliance."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 98.04 Growing Trees
and Other Vegetation Near Intersections; Right -Of -Way To Be Kept Free From Grass And Weeds
by adding "tall" in front of "grass."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 98.08 Spilling or
Tracking Debris Onto Public Streets by repealing it in its entirety, renaming it and enacting the replacement
§ 98.08 as follows:
City of Fayetteville, Arkansas Page 1 Printed on 3/7/2018
File Number: 2018-0097
"Spilling or Tracking Debris Onto Public Streets, Sidewalks or Trails
(A) Any person who spills dirt, gravel, sand, offal, or any other similar material, or who tracks
mud, dirt or other debris onto any public street, sidewalk or trail of the City of Fayetteville shall
be responsible for the prompt and thorough clearance and cleaning thereof. The Mayor or duly
authorized representative is hereby authorized to order the responsible party to clear and clean
any affected street, sidewalk or trail within three business days of notice. The City shall
promptly give the responsible party written notice (which can be by hand delivery, mail, or
posting the property) of the Mayor's Order to clean or clear the street, sidewalk or trail.
(B) If the responsible party fails to clear and clean the affected street, sidewalk or trail within
three (3) business days of receipt of notice, the City may undertake the street, sidewalk or trail
cleaning, and bill the responsible party for the costs thereof, at the overtime rate for said staff.
(C) The responsible party may request that the Mayor or duly authorized representative
conduct an administrative review of such an order, or the appropriateness of the amount
assessed for the cleaning. The decision of the Mayor or duly authorized representative shall
constitute final administrative action in the matter."
Seclitm 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 98.09 Abatement
By City; Costs Responsibility of Owner as follows:
"If the conditions described in a notice given pursuant to §98.02 and §98.04 are not removed
or corrected within ten (10) days after such notice is given, the Mayor, or his duly authorized
representative, is hereby authorized to do whatever is necessary to correct or remove the
conditions described, in the notice. The costs of correcting said conditions shall be charged to
the owner or owners of the property.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 50.01 Definitions of
Chapter 50 Recycling and Trash Collection by enacting the following as an additional and final sentence to
the definition of "Curbside".
"If a street has a sidewalk adjacent to the curb, the recycling, trash and yard waste bins, carts
and containers shall be placed at the back of the sidewalk to avoid impeding access on the
sidewalk."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 50.20 Service
Requirements by amending the location allowed for garbage carts to be within "6" feet rather than "3" feet of
the curb, street or alley.
City of Fayetteville, Arkansas Page 2 Printed on 3/7/2018
Matt Mihalevich
Submitted By
City of Fayetteville Staff Review Form
20180097
Legistar File ID
3/6/2018
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
2/15/2018 DEVELOPMENT SERVICES (620)
Submitted Date Division / Department
Action Recommendation:
Staff recommends approval of an ordinance to amend chapter 98 — Streets and Sidewalks and chapter 50 —
Recycling and Trash Collection of the Fayetteville Code to better define the responsibilities of property owners to
keep sidewalks clear of obstructions.
N/A
Account Number
N/A
Project Number
Budgeted Item? NA
Budget Impact:
Current Budget
Funds Obligated
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
N/A
Fund
N/A
Project Title
$
Remaining Budget $
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
FAYETTEVILLE
qt4llr
ARKANSAS
MEETING OF MARCH 6T", 2018
TO: Mayor and City Council
THRU: Don Marr, Chief of Staff
Garner Stoll, Development Services Director
Chris Brown, City Engineer
FROM: Matt Mihalevich, Trails Coordinator
DATE: February 15th, 2018
SUBJECT: 2018-0097 Sidewalk Ordinance Amendments
CITY COUNCIL MEMO
RECOMMENDATION:
Staff recommends approval of an ordinance to amend chapter 98 — Streets and Sidewalks and
chapter 50 — Recycling and Trash Collection of the Fayetteville Code to better define the
responsibilities of property owners to keep sidewalks clear of obstructions.
BACKGROUND:
During a walking tour on August 291h, 2017 with the Active Transportation Advisory Committee
(ATAC) and the Transportation Committee many sidewalks were observed to be obstructed by
vegetation and/or trash and recycling carts in the vicinity southeast of the Square. Since that
time, the ATAC and staff have worked to evaluate the existing ordinances relating to sidewalks
and determine amendments to better define the responsibility of property owners to keep
sidewalks clear and accessible to the public. On January 3rd, the ATAC unanimously
supported the amended language and forwarded the recommendations to the Transportation
Committee during their January 30th meeting. The Transportation Committee recommended
adding language to include an exemption to the 8 -foot clearance requirement for newly planted
street trees to give them time to grow large enough to be trimmed to compliance. With this
language included, the Transportation Committee unanimously approved the proposed
amendments and forward to the City Council.
DISCUSSION:
The current language under chapter 98.02 — "duty of property owner and occupant to keep
sidewalks free from obstructions" stipulates that it is the responsibility of the property owner to
keep the sidewalk in front or alongside their property free from obstructions. The proposed
language builds upon the existing requirements by specifying a minimum clear space of 8 feet
above the sidewalk and 2 feet back from the edge of sidewalk to insure a safe and accessible
route. In addition, a new section is proposed in chapter 98 to provide city staff with the tools
necessary to charge a property owner for the costs incurred to clear vegetation and/or
obstructions from the sidewalk in the case the property owner is unwilling or unable to do so
themselves. The intent is to first educate the property owners of their responsibility to keep the
sidewalk clear and only use the financial recourse as a last resort.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
The current language under chapter 50 — "recycling and trash collection" stipulates that trash
carts placed at curbside must not impede the flow of traffic on the roadway or public sidewalk.
The proposed language expands upon the existing ordinance to address areas where a
sidewalk is adjacent to the curb and requires the recycling, trash and yard waste containers to
be placed at the back of the sidewalk so the sidewalk is not blocked. Staff has verified with
the Recycling and Trash Collection Division and the existing articulating arm on the trucks can
reach to the back of the sidewalk.
The ATAC recommended that emphasis is placed on educating property owners about the
proper placement of trash and recycling and keeping the sidewalks clear of vegetation as
outlined in the proposed ordinance changes. Communications staff have been working on
pamphlets and website content to help illustrate the responsibility of keeping the sidewalks
clear. An example pamphlet has been included in this packet. The pamphlet will be included
with code compliance correspondence regarding sidewalks and available on-line for residents
to use if they see an obstruction issue.
BUDGET/STAFFIMPACT:
No direct cost for this item. The existing code compliance officers will continue to respond to
citizen complaints for sidewalk obstructions. The proposed changes will give the code
compliance officers more leverage to enforce the unobstructed sidewalk requirements.
Through the education campaign and code compliance efforts, it is anticipated that more
property owners will begin taking care of keeping their sidewalks clear. This will result in a
reduction of the Transportation Services Department staff time dedicated to sidewalks and will
provide more time for them to work on other maintenance and capital projects.
Attachments:
Fayetteville City Code Sidewalk Obstruction Amendments — Chapter 50 & 98 (with mark-up)
(Draft forwarded by Active Transportation Advisory Committee on January 31d, 2018)
(Draft forwarded by the Transportation Committee on January 30th, 2018)
Ii
CITY OF
FAYETTEVILLE
ARKANSAS
Fayetteville City Code Sidewalk Obstruction Amendments
CHAPTER 98: - STREETS AND SIDEWALKS
• 98.02 - Duty Of Property Owner And Occupant To Keep Sidewalks Free From Obstructions
(_A) The owner, occupant or agent of every house or parcel of land in the city shall keep the
sidewalk and gutter in front or alongside the same free from all obstructions of grass, leaves,
weeds or other growths, substances or things.
(B) T_he owner occupant or agent of_eyery house or_parcel, of land in the city not place,
maintain, or pei mita, tree or-plant_to obstruct aside— 4k.. Vegetation grgW rlg oyer a sidewalk
shall be trammed by the -property owneroccup,antor_agent at.a mi,n.imum clearance of8 feet
above. the s,id_ewalk.for.the-full width oft h-e-sidew a 1k,Where adequate right of. way exists,
clearance shall be 2_feet back from the edge of sidewalk or sedge„of,pavement__if no sidewalk exists,
In no event shall tiros require clearance„outside of the„existinc�,.public_ri,glit -of-way Newly_planted
street trees are exempt, from the, 8 -foot clearance requirement, until they are large enough to
trimmed mta c rrtplian:ce.
(Code 1965, 418-4; Ord. No. 155, 8-8-1905; Code 1991, §98.04)
98.04 - Growing Trees And Other Vegetation Near Intersections; Right -Of -Way To Be Kept
Free From Grass And Weeds
(A) No person shall permit any tree, shrub, hedge, flower or other form of vegetation to grow within
25 feet of the intersection of the curb lines of two (2) intersecting streets to a height in excess of 3
feet above the lowest grade of two intersecting streets; provided, however, that trees now growing
in such places may grow above said height if the limbs are trimmed to the minimum height of 8
feet.
(B) The owner (or in the case of leased property, the lessee) of private property abutting a public
street or alley right-of-way shall keep that portion of said right-of-way from the center line thereof
to the private property line free from tall grass, weeds, debris and other growths, articles, and
things.
(Code 1965, §§18-16, 19-22; Ord. No. 1447, 6-7-65; Ord. No. 2076, 1-7-75)
• 98.08 - Spilling Or Tracking Debris Onto Public Streets
(A) Any person who spills dirt, gravel, sand, offal, or any other similar material, or who tracks mud, dirt
or other debris onto the public streets, sidewalks and trails,of the City of Fayetteville shall be
responsible for the prompt and thorough clearance and cleaning thereof. The Tran-sporttation
Kaihncq Address:
113 W. Mountain Street
FayettLvillo, AR 72701
www.fayettevil le-ar qov
Division Nianager,Mayor or duly authorized re.presenta..tive.. is hereby authorized to order the
responsible party to clear and clean the an affected streett), sidewalk or trail with in three (3,)
busin..ess days_of noti_c.e. The Transportation -Division -Manager City shall give the responsible party
written notice(which can be by_hand_del,ivery, mail_or_posting the property) of,the_Mayor's_Order
to clean or. clear thestree .sidewalk or tail,_.; via-Eertified-mom kto perform-sseb act;-.^..tthin three (3)
business days of receipt of notice:
(B) If the responsible party fails to clear and clean the affected street sidewa_lkortrailrs) within
three (3) business days of receipt of notice, Transportation Division_the—C,ity, staff may undertake
the street,,,sidewalk or trail cleaning, and bill the responsible party for the costs thereof, at the
overtime rate for said staff.
(C) The responsible party may request that the Director of Operation, Mayor or duly authorized
representative conduct an administrative review of such an order, or the appropriateness of the
amount assessed for the cleaning. The decision of the Director of Operations Moor or duly
a_u.thorized r.e.pr...e...sent.at.ive._. shall constitute final administrative action in the matter.
(Ord. No. 4615, 8-17-04)
Abatement Bg City,Costs Respa si i iter Of Owner
If the conditions described in a_notice q.iyen_pursuant,to §,98.02 and §98.04 are not removed or
corrected within ten .(10.,,) days after such notice isgiven, the Mayor or his duly autho_nzed
repres_entatitie, is hereb} authorized tqenter,uvn theproperty and, do, whatever is necessary,,,to
correct or remove the conditions described., in the notice. The costs, of correcting said conditions
shall�be_charged to the owner or owners, of the„property
CHAPTER 50: - RECYCLING AND TRASH COLLECTION
• 50.01 - Definitions
Curbside. The edge of the public roadway directly in front of a residence. On corner lots curbside
may be construed as the edge of the roadway directly alongside of the residence. In areas where
garbage and trash collection is provided along alleys, curbside shall refer to the edge of the
pavement of said alley. In either case, placement shall be no more than 6 feet from the public
roadway. Garbage and trash placed at curbside must-s,,h,all not impede the flow of traffic on the
roadway or public sidewalk in any way., If a_street has a sidewalk adlacenttothe curb the recy_Iing,,
tr..a. 5h. a-nd yard waste carts shall be placed at the back of the sidewalk to avoid i_mped.. incl access on
the sidewalk.
• 50.20 — Service Requirements
(e) (2) Location of Residential Garbage Carts. Residential garbage carts shall be placed at a single
collection point within 63 feet of the curb, street, or alley line, where applicable, by 6:00 a.m. on
mornings regularly scheduled for garbage and trash collection, provided however, that garbage carts
shall not be placed at the curb, street, or alley more than twelve (12) hours before regular pickup,
and shall be removed within twelve (12) hours thereafter. Alternate collection points may be
specified at the discretion of the city.
2
ORDINANCE NO.
AN ORDINANCE TO AMEND § 98.02 DUTY OF PROPERTY OWNER AND OCCUPANT
TO KEEP SIDEWALKS FREE FROM OBSTRUCTIONS, §98.04 GROWING TREES
AND OTHER VEGETATION NEAR INTERSECTIONS; RIGHT-OF-WAY TO BE KEPT
FREE FROM GRASS AND WEEDS, § 98.08 SPILLING OR TRACKING DEBRIS ONTO
PUBLIC STREETS AND § 50.01 DEFINITIONS OF THE FAYETTEVILLE CODE, AND
TO ENACT §98.09 ABATEMENT BY CITY; COSTS RESPONSIBILITY OF OWNER
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 98.02 Duty
of Property Owner and Occupant to Keep Sidewalks Free From Obstructions and enacts a
new § 98.02 as follows:
"(A) The owner, occupant or agent of every house or parcel of land in the city
shall keep the sidewalk and gutter in front or alongside the same free from all
obstructions of grass, leaves, weeds or other growths, substances or things.
(B) The owner, occupant or agent of every house or parcel of land in the city may
not place, maintain, or permit a tree or plant to obstruct a sidewalk. Vegetation
growing over a sidewalk shall be trimmed by the property owner, occupant or
agent at a minimum clearance of 8 feet above the sidewalk for the full width of
the sidewalk. Where adequate right of way exists, clearance shall be 2 feet back
from the edge of sidewalk or edge of pavement if no sidewalk exists. In no event
shall this require clearance outside of the existing public right-of-way. Newly
planted street trees are exempt from the 8 -foot clearance requirement until they
are large enough to be trimmed to compliance."
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 98.04
Growing Trees and Other Vegetation Near Intersections; Right -Of -Way To Be Kept Free
From Grass And Weeds by adding "tall" in front of "grass."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 98.08
Spilling or Tracking Debris Onto Public Streets by repealing it in its entirety, renaming it and
enacting the replacement § 98.08 as follows:
"Spilling or Tracking Debris Onto Public Streets, Sidewalks or Trails
(A) Any person who spills dirt, gravel, sand, offal, or any other similar material,
or who tracks mud, dirt or other debris onto any public street, sidewalk or trail of
the City of Fayetteville shall be responsible for the prompt and thorough clearance
and cleaning thereof. The Mayor or duly authorized representative is hereby
authorized to order the responsible party to clear and clean any affected street,
sidewalk or trail within three business days of notice. The City shall promptly give
the responsible party written notice (which can be by hand delivery, mail, or posting
the property) of the Mayor's Order to clean or clear the street, sidewalk or trail.
(B) If the responsible party fails to clear and clean the affected street, sidewalk or
trail within three (3) business days of receipt of notice, the City may undertake the
street, sidewalk or trail cleaning, and bill the responsible party for the costs thereof,
at the overtime rate for said staff.
(C) The responsible party may request that the Mayor or duly authorized
representative conduct an administrative review of such an order, or the
appropriateness of the amount assessed for the cleaning. The decision of the Mayor
or duly authorized representative shall constitute final administrative action in the
matter."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby enacts a new § 98.09
Abatement By City; Costs Responsibility of Owner as follows:
"If the conditions described in a notice given pursuant to §98.02 and §98.04 are not
removed or corrected within ten (10) days after such notice is given, the Mayor, or
his duly authorized representative, is hereby authorized to do whatever is necessary
to correct or remove the conditions described, in the notice. The costs of correcting
said conditions shall be charged to the owner or owners of the property.
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 50.01
Definitions of Chapter 50 Recycling and Trash Collection by enacting the following as an
additional and final sentence to the definition of "Curbside".
"If a street has a sidewalk adjacent to the curb, the recycling, trash and yard waste
bins, carts and containers shall be placed at the back of the sidewalk to avoid
impeding access on the sidewalk."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 50.20
Service Requirements by amending the location allowed for garbage carts to be within "6" feet
rather than "3" feet of the curb, street or alley.
PASSED and APPROVED this 0 day of March, 2018.
APPROVED:
By: - --
LIONELD JORDAN, Mayor
ATTEST:
IM
SONDRA SMITH, City Clerk/Treasurer
J _ - - - - - - - - - - - - -
A a I
14 FF F
F I
zt.
1
ENHANCING NEIGHBORHOOD SAFETY
BY CREATING A SAFE PATHWAY
KNOW THE RIGHT OF WAY, CLEAR THE RIGHT OF WAY
To protect public health and safety, it is important to
keep streets, sidewalks, bicycle lanes and other public
areas free of overgrown vegetation. Green spaces
transform t ,,;, a,ty and provid i ;....=,y benefits that
influence .the health an, of our csa€T n-inti=:y.
Property owners, both public and private, need to be
conscious about managing vegetation on their property
to address visibility and safety concerns.
It is important to meet the standards below and keep the
following areas free of obstructions:
Sidewalks Streets/Alleys
For a clear pathway, keep
tree limbs and vegetation
trimmed back from the
edge of the sidewalk and
at least 8 feet above
sidewalks.
Keep tree limbs and
vegetation trimmed back
from the edge of the
street or alley and at least
14 feet above streets,
bicycle lanes and alleys.
Effective ways to enhance neighbhorhood safety:
• Trim trees and,vegetation to increase safety for pe-
destrians, cyclists and vehicles..
• Maintain care and health of the trees on your property,
Well-maintained trees provide shade, improve air
quality and keep Austin looking beautiful!
• Dial 3-1-1 to request care for trees in the public right
of way.
Property Owner Responsibility
Property owners are responsible for the care and
maintenance of trees, plants and grass on private property.
Overgrown trees and plants can pose a threat when they
block the path or view of traffic signs, signals, fire hydrants,
vehicles and people. Prune trees and trim or remove any
vegetation that blocks the pathway of sidewalks, streets,
alleys, bicycle lanes and trails. Keep in mind, the strip of
land between the street and sidewalk is public property
but the maintainance of vegetation (with the exception of
trees) is the property owners' responsibility. Trees in the
public right of way are maintained by the City of Austin.
City Responsibility
The public right of way includes streets, sidewalks and
alleys. This land is public property and is owned by the
City of Austin. It typically extends 10 feet back from
the edge of a street, but can vary across the City. While
property owners are responsible for mowing the grass and
maintaining vegetation that grows in the public right of
way, the trees that grow in this area belong to the City and
are maintained by trained crews. If a tree growing in the
public right of way is in need of maintenance, dial 3-1-1 to
report the tree.
Promoting a safe, clean, visible, walkable,
rideable and healthy community.
CITY OF AUSTIN I PUBLIC WORKS DEPARTMENT
CONNECTING PEOPLE TO PLACES
Whether by foot or by wheels, let's keep public pathways clear of obstructions and available for everyones use.
Keep pathway cleared to at least
8 feet above sidewalks and 14
feet above streets, bicycle lanes
and alleys. Trim vegetation back
from the edge of the sidewalk and
street.
It is a violation of City Code to
allow trees and other vegetation
to overgrow or obstruct the public
right of way. The City of Austin
identifies overgrown vegetation
and trees as an accessibility
barrier for people with disabilities,
making it noncompliant with the
Americans with Disabilities Act.
In accordance with City Code,
do not prune or remove trees
growing in the public right of way.
Dial 3-1-1 to notify the City about
right of way trees.
BEFORE I Overgrown Vegetation
Did you know? We could double
the amount of usable sidewalks
if residents trimmed the low -
hanging branches and overgrown
vegetation blocking sidewalks,
streets and bicycle lanes.
Keep in mind, if the path is
blocked, people will often go
around and into the street, making
for an unsafe environment.
'Tree pr`o ir: o if1.5,�Yitr b�=?€'tL:s r<S �, 3
our community. Be sure you care
for them properly! Visit
treesaregood.org on how to keep
your trees healthy and happy.
AFTER I Cleared Pathway
Visit austintexas.gov/trees to
learn more about Austin's
tree preservation code, Some
trees require an approved Tree
Ordinance Review Application
prior to pruning or removal.
Questions about Oak Wilt? Visit
texasoakwilt.org for tips on how
to prevent this infectious tree
disease from happening in Austin
neighborhoods.
REPORT AN ISSUE
Dial 3-1-1 to report concerns
about trees, tall grass and weeds
more than 12 inches in height and
all other vegetation blocking the
public right-of-way.
MORE QUESTIONS? I
Go to
austintexas.gov/cleartherow
Learn about tree care,
pruning guidelines, oak
wilt prevention, code
enforcement, urban
forestry, and the public
right-of-way.
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CITY OF AUSTIN I PUBLIC WORKS DEPARTMENT
RECEIV'n-1 `
NORTHWEST ARKANSAS (APR _ 3 20,3
CITY OF FAYEi
SOC ^v (rA�$�.Q CITY CLERK'S (%�i'iuG
AFFIDAVIT OF PUBLICATION
I Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest
Arkansas Democrat- Gazette, printed and published in Washington and Benton
County, Arkansas, and of bona fide circulation, that from my own personal
knowledge and reference to the files of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 6045
Was inserted in the Regular Edition on
March 15, 2018
Publication Charges $282.10
Cathy Wiles
Subscribed and sworn to before me
This23 day of`7AA&6%- , 2018.
Notary Public
My Commission Expires: i.J 12.1 z`,
TAMMY RUSHER
Notary Public — Arkansas
Washington County
Commission # 12703120
My Commission Expires Feb 12. 2025
**NOTE** Please do not pay from Affidavit
Invoice will be sent.
Ordinance: 6045
File Number: 2018.0097
AMEND CHAPTER 98 &
CHAPTER 50:
AN ORDINANCE TO AMEND
§ 98.02 DUTY OF PROPERTY
OWNER AND OCCUPANT
TO KEEP SIDEWALKS FREE
FROM OBSTRUCTIONS,
§98.04 GROWING TREES
AND OTHER VEGETATION
NEAR INTERSECTIONS;
RIGHT-OF-WAY TO BE KEPT',
FREE FROM GRASS AND
WEEDS, § 98.08 SPILLING OR
TRACKING DEBRIS ONTO
PUBLIC STREETS AND §
50.01 DEFINITIONS OF TI IH
FAYETTEVILLE CODE, AND
TO ENACT §98.09
ABATEMENT BY CITY;
COSTS RESPONSIBILITY OF
OWNER
BE IT ORDAINED BY Tl IE
CITY COUNCIL OF THE
CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council
of the City of Fayetteville,
Arkansas hereby repeals § 98.02
Duty of Property Owner and
Occupant to Keep Sidewalks
Free From Obstructions and
enacts a new § 98.02 as follows:
"(A) The owner, occupant or
agent of every house or parcel of
land in the city shall keep the
sidewalk and gutter in front or
In
ngside the same free from all
tructions of grass, leaves,
eds or other growths,
stances or things.
The owner, occupant or
nt of every house or parcel of
d in the city may not place,
main, or permit a tree or
plant to obstruct a sidewalk.
vegetation growing over a
sidewalk shall be trimmed by the
property owner, occupant or
agent at a minimum clearance of
8 feet above the sidewalk for the
fill width of the sidewalk.
Where adequate right of way
exists, clearance shall be 2 feet
back from the edge of sidewalk
or edge of pavement if oo
sidewalk exists. In no event,
shall this require clearance
outside of the existing public
right-of-way. Newly planted
street trees are exempt from the
8 -toot clearance requirement
until they are large enough to be
trimmed to compliance."
Section 2: That the City Council
of the City of Fayetteville,
Arkansas hereby amends § 98A44
Growing Trees and Other
Vegetation Near Intersections;
Right-Of-Way'ro Be Kept Free
From Grass And Weeds by adding
"Intl" in front of "grass."
Section 3: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 98.08 Spilling or
Tracking Debris Onto Public
Streets by repealing it in its
entirety, renaming it and enacting
the replacement § 98.08 as follows:
"Spilling or Tracking Debris Onto
Public Streets, Sidewalks or Trails
(A) Any person who spills
dire, gravel, sand, offal, or any
other similar material, or who
tracks mud, dire or other debris
onto any public street, sidewalk or
trail of the City of Fayetteville shall
be responsible for the prompt and
thorough clearance and cleaning
thereof. The Mayor or duly
aphorized representative is hereby
authorized to order the responsible
party to clear and clean any
affected street, sidewalk or trail
within three business days of
notice. The City shall promptly
give the responsible party written
notice (which can be by hand
delivery, mail, or posting the
property) of the Mayors Order to
clean or clear the street, sidewalk
or trail.
(B) Ifthe responsible
party fails to clear and clean the
affected street, sidewalk or trail
within three (3) business days of
receipt of notice, the City may
undertake the street, sidewalk or
trail cleaning, and bill the
responsible party for the costs
thereof, at the overtime rate for said
staff.
(C) The responsible party
may request that the Mayor or duly
authorized representative conduct
an administrative review of such an
order, or the appropriateness of the
amount assessed for the cleaning.
flue decision of the Mayor or duly
authorized representative shall
constitute final administrative
action in the natter."
Section 4: 'that the City Council of
the City of Fayetteville, Arkansas
hereby enacts a new § 98.09
Abatement By City: Costs
Responsibility of Owncr as
follows:
"Ifthe conditions described in a
notice given pursuant to §98.02 and
§98.04 are not removed or
corrected within ten (10) days after
such notice is given. the Mayor, or
his duly authorized representative,
is hcrebv authorized to do whatever
is necessary to correct or remove the
conditions described, in the notice.
'fhe costs of correcting said
conditions shall be charged to the
owner or owners of the property.
section 5: That the Citv Council of
the City of Fayetteville, Arkansas
hereby amends § 50.01 Definitions
of Chapter 50 Recycling and Trash
Collection by enacting the following
as an additional and final sentence to
the definition of "Curbside-.
"If a street has a sidewalk adjacent to
the curb, the recycling, trash and
yard waste bins, carts and containers
shall be placed at the back of the
sidewalk to avoid impeding access
on the sidewalk."
Section 6: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 50.20 Service
Requirements by amending the
location allowed for garbage carts to
be within "6" feet rather than "3" feet
of the curb, street or alley.
PASSED and APPROVED on
316/2018
Approved:
Lioneld Jordan, Mayor
Attest:
Sondra E. Smith, City Clerk
Treasurer
74460710 Mar. 15, 2018