City of Atlanta
Georgia

Ordinance
16-O-1656
Quadrennialy Terminated
Dec 4, 2017 1:00 PM

AN ORDINANCE BY COUNCILMEMBER MARY NORWOOD AS SUBSTITUTED BY COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE TO AMEND ARTICLE I OF CITY CODE CHAPTER 158, ENTITLED “VEGETATION” FOR THE PURPOSE OF DEFINING THE TERMS “ENGLISH IVY”, “KUDZU” AND “WISTERIA”, TO DECLARE AS PUBLIC NUISANCE THE MAINTENANCE OF ENGLISH IVY, KUDZU AND WISTERIA ABOVE A CERTAIN HEIGHT ON TREES ON PRIVATE PROPERTY; TO PROHIBIT THE SAME; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, Post 2 At-Large Mary Norwood
Category:Personal PaperFunctions:None Required

Attachments

  1. Printout
  2. 3 TREE PROTECTION

Item Discussion

(Substituted and held 11/29/16 by the Committee for further review and discussion; Worksession to be held 10/4/17.)

Body

WHEREAS, the City of Atlanta (the “City”) desires to prevent the loss of trees that become a threat to public safety due to the presence of invasive vines such as English ivy, Kudzu and Wisteria that are covering acres of trees throughout the City; and

 

WHEREAS, approximately 60% of the City’s land are single family residential which is where 77% of all trees are located; and 

 

WHEREAS, the majority of English ivy infested trees are on single family residential property where the vine was planted in yards decades ago, (and is still being planted) and escaped its intended boundaries; and 

 

WHEREAS, the City wishes to add clarity to the Atlanta Code of Ordinances that will encourage the planting of native species and restoration of the urban forest and allow for more consistency in the enforcement of our vegetation and housing codes; and

 

WHEREAS, City Code Sec. 158, entitled “Vegetation”, regulates, among other things the growth of plants found to be public nuisance such as weeds; and


WHEREAS, it is in the public health, safety and general welfare to regulate English ivy, wisteria or kudzu growing above a certain height upon trees.

 

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA HEREBY ORDAINS as follows:

 

Section 1. City Code Sec. 158-4, which title and provision reads as follows:

 

Sec. 158-4. Weed control.

It is found and declared that uncontrolled weed growth on properties within the City of Atlanta is unhealthy and undesirable in that it provides harborage for rodents and insects, lowers property values, and constitutes a public nuisance.

 

Is hereby amended such that the title and provision shall hereafter read (with changes underlined):

 

Sec. 158-4.  Weed, English ivy, kudzu and wisteria control.

It is found and declared that uncontrolled weed growth on properties within the City of Atlanta is unhealthy and undesirable in that it provides harborage for rodents and insects, lowers property values, and constitutes a public nuisance.  It is further found and declared that English ivy, wisteria and kudzu above four feet six inches on trees is unhealthy for trees and if allowed to grow above such height can lead to disease and/or death of trees.

Section 2. City Code Sec. 158-5, entitled “Definitions”, and which reads as follows:

 

Sec. 158-5. - Definitions.

As used throughout this article, the term:

Abandoned property means any lot, tract, or parcel of improved real estate that is unoccupied. It shall include any dwelling, building, structure, or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouse, improvement, and appurtenance belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. For the purposes of this section unoccupied shall be evidenced by notice of termination of service by a local utility provider, as well as visual observation by city personnel to include on site visits, or written communication attempts. The term shall expressly include, for means of illustration and not limitation, swimming pools and wells. Also as used in this chapter, the term shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Owner means the current owner of record as shown by the records of the tax commissioner and the deed records of the clerk of superior court for the current calendar year.

Vacant property means any lot, tract, or parcel of real estate that is unimproved. It shall not mean or include any farm, or any agricultural facility or use for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Weeds shall mean grass, kudzu, jimson, burdock, ragweed, thistle, cocklebur, dandelion and any unrestricted vegetative growths.

Is hereby amended to add the terms “English ivy”, “kudzu” and “wisteria”  such that the provision shall hereafter read (with changes underlined):

 

As used throughout this article, the term:

Abandoned property means any lot, tract, or parcel of improved real estate that is unoccupied. It shall include any dwelling, building, structure, or part thereof used and occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, and includes any outhouse, improvement, and appurtenance belonging thereto or usually enjoyed therewith and also includes any building or structure of any design. For the purposes of this section unoccupied shall be evidenced by notice of termination of service by a local utility provider, as well as visual observation by city personnel to include on site visits, or written communication attempts. The term shall expressly include, for means of illustration and not limitation, swimming pools and wells. Also as used in this chapter, the term shall not mean or include any farm, any building or structure located on a farm, or any agricultural facility or other building or structure used for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

English Ivy means a climbing vine, Hedera helix, having smooth, shiny, evergreen leaves, small, yellowish flowers, and black berries

Kudzu means a fast-growing Chinese and Japanese climbing vine, Pueraria lobata, of the legume family, now widespread in the southern U.S., having tuberous, starchy roots and stems

Owner means the current owner of record as shown by the records of the tax commissioner and the deed records of the clerk of superior court for the current calendar year.

Vacant property means any lot, tract, or parcel of real estate that is unimproved. It shall not mean or include any farm, or any agricultural facility or use for the production, growing, raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products.

Weeds shall mean grass, kudzu, jimson, burdock, ragweed, thistle, cocklebur, dandelion and any unrestricted vegetative growths.

Wisteria means any climbing shrub belonging to the genus Wisteria, of the legume family, having showy, pendent clusters of blue-violet, white, purple, or rose flowers.

Section 3. City Code Sec. 158-7, entitled “Prohibited”, and which reads as follows:

 

It shall be a violation of this Code for the owner of any abandoned or vacant property as defined in this section to permit weeds to obtain a height exceeding 12 inches on at least ten percent of the size of the property tract or 35 percent of the pervious surface, whichever is greater, unless exempted as described in this section.

 

Is hereby amended to read as follows:

 

It shall be a violation of this Code:

(a)              For the owner of any abandoned or vacant property as defined in this section to permit weeds to obtain a height exceeding 12 inches on at least ten percent of the size of the property tract or 35 percent of the pervious surface, whichever is greater, unless exempted as described in this section.

(b)              For the owner of any property other than set forth in Sec. 158-6, to  maintain upon such property English ivy, wisteria, or kudzu above 4 ft. 6 in. on trees.

Section 4.  The arborist division of the Office of Buildings shall provide assistance to code enforcement officers and police officers in the enforcement of this ordinance.

 

Section 5. That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict.

 

Section 6. This Ordinance shall become effective immediately upon its approval.

Meeting History

Nov 21, 2016 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Nov 29, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft

SUBSTITUTED

RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Michael Julian Bond, Post 1 At-Large
SECONDER:Joyce M Sheperd, Vice Chair, District 12
AYES:Andre Dickens, Ivory Lee Young Jr., Michael Julian Bond, Natalyn Mosby Archibong, Joyce M Sheperd, Cleta Winslow
ABSENT:Kwanza Hall
Dec 5, 2016 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Dec 13, 2016 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Andre Dickens, Ivory Lee Young Jr., Michael Julian Bond, Natalyn Mosby Archibong, Kwanza Hall, Joyce M Sheperd, Cleta Winslow
Jan 3, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 10, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Joyce M Sheperd, Ivory Lee Young Jr., Andre Dickens
ABSENT:Cleta Winslow, Mary Norwood
Jan 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jan 24, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Cleta Winslow, Mary Norwood, Joyce M Sheperd, Ivory Lee Young Jr., Andre Dickens
Feb 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN RESOURCES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Feb 28, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Cleta Winslow, Mary Norwood, Joyce M Sheperd, Ivory Lee Young Jr., Andre Dickens
Mar 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 14, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Cleta Winslow, Mary Norwood, Ivory Lee Young Jr.
ABSENT:Joyce M Sheperd, Andre Dickens
Mar 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Mar 28, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Mary Norwood, Joyce M Sheperd, Ivory Lee Young Jr.
ABSENT:Cleta Winslow, Andre Dickens
Apr 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Apr 25, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [4 TO 0]
AYES:Michael Julian Bond, Joyce M Sheperd, Ivory Lee Young Jr., Andre Dickens
AWAY:Natalyn Mosby Archibong, Cleta Winslow, Mary Norwood
May 1, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 9, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Michael Julian Bond, Cleta Winslow, Joyce M Sheperd, Ivory Lee Young Jr., Andre Dickens
ABSENT:Natalyn Mosby Archibong, Mary Norwood
May 15, 2017 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 23, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Jun 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 13, 2017 12:30 PM  Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Jun 19, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECITON

RESULT:RETURNED AS HELD
Jun 27, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Jul 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 11, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Jul 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 25, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [4 TO 0]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Joyce M Sheperd, Ivory Lee Young Jr.
AWAY:Cleta Winslow, Mary Norwood, Andre Dickens
Aug 21, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 29, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Sep 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 18, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 26, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [4 TO 0]
AYES:Natalyn Mosby Archibong, Joyce M Sheperd, Ivory Lee Young Jr., Andre Dickens
AWAY:Michael Julian Bond, Cleta Winslow, Mary Norwood
Oct 2, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 10, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Cleta Winslow, Mary Norwood, Joyce M Sheperd, Ivory Lee Young Jr., Andre Dickens
Oct 16, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 24, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Nov 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Nov 14, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [4 TO 0]
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Cleta Winslow, Ivory Lee Young Jr.
ABSENT:Mary Norwood, Joyce M Sheperd
AWAY:Andre Dickens
Nov 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft
RESULT:RETURNED AS HELD
Nov 28, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
Dec 4, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

AUTOMATICALLY TERMINATED AND FILED PER CHARTER SECTION 2-407 WITHOUT OBJECTION

RESULT:QUADRENNIALY TERMINATED