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Property owners would answer for overgrowth into alleys, streets and sidewalks under proposed code fix

A council committee is briefed Monday on a rewrite of the city's vegetation rule that would make enforcement turn on whether plants block the right-of-way, not on where they are rooted. A council vote is set for Nov. 10.

Wade Ramos

October 14, 20262 min read

Dallas code compliance - illustration, Jake Team LLC

Dallas code officers would no longer have to work out where a bush or tree is rooted before citing a property owner for branches that block an alley, street or sidewalk, under an ordinance change going to a City Council committee Monday.

The Quality of Life, Arts and Culture Committee is scheduled to be briefed on the proposed amendment to Section 18-14.1 of the city code when it meets at 9 a.m. Oct. 19. A memo to committee members says the full council will consider the change at its Nov. 10 meeting.

The conflict staff want to fix

According to the memo from Assistant City Manager Alina Ciocan, two parts of the same chapter of the code work against each other. One section defines a property owner's "premises" to include the parkway between the property line and the curb, and the area out to the center line of an adjacent alley.

The vegetation rule, meanwhile, only makes it an offense when plants grow "across the property line" into the right-of-way.

Because the parkway already counts as part of the premises, the memo says, a shrub or tree growing there does not cross the property line even when it completely blocks an alley or sidewalk. The result, staff wrote, is that responsibility "depend[s] on where vegetation originates rather than on whether the right-of-way is obstructed," and owners get inconsistent answers.

Litter and tall weeds in the same strip are already the owner's responsibility.

What would change

The draft ordinance, prepared by the City Attorney's Office, would:

  • Drop the "across the property line" language, so the offense is about plants projecting into the right-of-way.
  • Make it a stated offense for vegetation to block the view of a traffic sign, signal or device, or to interfere with garbage or trash collection next to a sidewalk or alley. Those conditions now appear only as an exception in the code's list of defenses.
  • Keep the existing clearances, which the memo lists as 15 feet over an alley or street and eight feet over a sidewalk.
  • Keep the rule that vegetation in violation is a nuisance the city can abate.

A conviction would carry a fine of up to $2,000, according to the draft, and the change would take effect once passed and published.

Code Compliance worked with Sanitation Services and Transportation and Public Works, both of which back the change, the memo says. Sanitation crews need clear alleys and curbs to finish routes, and overhanging limbs can cause missed pickups and damage trucks. Transportation staff say overgrowth cuts sight lines at intersections and can push pedestrians, including people using mobility devices, into the street.

The committee meeting is in the council chambers on the sixth floor of City Hall and online. Questions can go to Code Compliance Services Director Chris Christian at 214-670-3118.

Sources

dallascityhall.com

cityofdallas.legistar1.com

webapi.legistar.com

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Wade Ramos

Wade Ramos writes about community life, schools, public safety, and local events in Dallas.

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