City of Atlanta
Georgia

Ordinance
17-O-1275
Adopted on Substitute
Nov 6, 2017 1:00 PM

AN ORDINANCE BY COUNCILMEMBER MARY NORWOOD AS SUBSTITUTED BY COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE TO AMEND VARIOUS SECTIONS OF THE ATLANTA HOUSING CODE OF 1987; TO AMEND VARIOUS SECTIONS OF CHAPTER 158, ARTICLE I “VEGETATION” IN ORDER TO PROVIDE CERTAIN DEFINITIONS AND EXEMPTIONS; TO AMEND PART 8, CHAPTER 2, ARTICLE B “BUILDINGS AND STRUCTURAL APPURTENANCES”, SECTION 8-2095 “MAINTENANCE” AND SECTION 8-2083 “DEFINITIONS” TO PROVIDE CERTAIN EXEMPTIONS AND DEFINITIONS; 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. 8 ATLANTA HOUSING CODE OF 1987

Item Discussion

(Worksession held 10/4/17)

Body

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ATLANTA, GEORGIA, as follows:

  

Section 1. Amend Appendix E, “Atlanta Housing Code of 1987”, Article I “Policy and Administration”, Section 6 “Definitions”, to insert the following new definitions:

 

Vegetation Definitions:

Brush shall mean uncultivated woody shrubs or woody grasses such as bamboo not part of a planned, maintained landscape.

 

Fire hazard shall mean vegetation which is dry and combustible, including but not limited to weeds, grass or clippings, dead shrubs, trees or their parts, and other combustible vegetative materials.

 

Lawn shall mean an area of land planted with grasses or other durable plants, which are maintained at a short height and used for aesthetic and recreational purposes.

 

Naturescape shall mean landscaping and gardening approaches that use predominately native plants for the purpose of creating improved outdoor habitat for native insects, birds, and mammals and reducing the need for chemical pesticides, herbicides, fertilizers, and watering. All nuisance plants are prohibited.

 

Nuisance Plants Prohibited:

Kudzu (Pueraria Montana var. lobta), Chinese wisteria (Wisteria sinensis )

Prohibited in naturescapes:

Thorny olive (Elaeagnus pungens), Autumn olive, (Elaeagnus umbellate Thunb)

Chinese privet (Ligustrum sinense)

 

“Safety hazard" shall mean the presence of unrestricted growth of brush, vines or vegetation  which creates a hazard on the premises or to adjacent property, or overhangs the right of way in such a way as to impede the free and full use of the right of way. 

 

Thicket shall mean an area of dense or tangled growths of brush or vines.

 

Uncultivated shall mean not part of a planned, maintained landscape.

                                                       

Section 2.  Amend Appendix E, “Atlanta Housing Code of 1987”, Article I “Policy and Administration”, Section 6 “Definitions” 

 

Amend to read:

Vegetative growth shall mean any and all uncultivated growth exceeding a height or length of 12 inches, as measured from the surface of the ground, of any lot, tract or parcel of land.

 

Weed shall mean all unrestricted vegetative growth, including nuisance plants.

 

Section 3. Amend Appendix E, “Atlanta Housing Code of 1987”, Article II “Minimum Standards”, Section 25 “Owner and Tenant Responsibility for Cleanliness of Property”

 

Amended to read:

(a) It shall be the lawful duty of the owner or operator and the occupant of any premises, within their respective areas of responsibility as specified herein below to keep interiors and exteriors, including premises, yards, lawns, courts and alleys clean, clear and free of any public or attractive nuisance, accumulation of dirt, junk, junk vehicles, rubbish, garbage, debris, combustible materials and to ensure all vehicles are parked on all-weather surfaces at all times.  Interiors and exteriors shall also be kept clean, clear and free of any conditions conducive to the spread of fire or disease. The exterior of the premises and the condition of necessary structures shall be maintained so as not to constitute a nuisance under Section 6 to neighboring or adjoining property owners. Responsibility for cleaning the interior of dwelling units shall include keeping the walls, floors and ceilings sanitary and free from accumulation of dirt or trash, and where appropriate, may require a coating on interior surfaces to make them resistant to vermin and insect infestation.

 

(1) Weeds/grass in lawn areas not to reach a height of twelve (12) or more inches. 

 

(2) No excessive growth of shrubs, brush, vines, thickets or similar matter conducive to fire or safety hazards permitted on any area of the property. 

 

(3) Vegetation not to encroach onto adjacent property. Vegetation on the premises, to include any adjacent sidewalk planting strips not to encroach onto the right-of-way.

 

(4)  Vegetation on unimproved lots not to encroach into the right of way or onto adjacent improved or greenspace property, or create a safety or fire hazard.   

 

(5) Nuisance plants are restricted. 

 

(6) Remove all brush, vines and other vegetation around buildings likely to hamper or obstruct the passage of fire or other emergency personnel.  

 

(6)  Remove all dead shrubs, dead trees, branches, and stumps with the exception of such tree parts being maintained as part of a naturescape area of a yard, which are not to create a safety or fire hazard.   

 

(b) Any person violating these provisions shall be fined with penalties as provided in Subsection 18(d), titled “Penalties”,  

 

Section 4. Amend Chapter 158 “Vegetation”, Article I - “In General”, Section 158-5

“Definitions” to insert the following new definition

 

 

Amended to read:

 

Weed shall mean all unrestricted vegetative growth, including Kudzu (Pueraria Montana var. lobta), Chinese wisteria (Wisteria sinensis) and nuisance plants.

 

 

Section 5.  Amend Chapter 158 “Vegetation”, Article I “In General”, Section 158-6 “Exemptions”,

 

Amended to read:

This section shall not apply to city, county, state or federal property or governmentally mandated buffers, corridors, wetlands; detention ponds, dams, farms, natural areas, lakes, etc. Furthermore, this article shall not apply to utility easements or rights-of-way, or tracts of property under single ownership 40,000 square feet or larger unless they are within a platted subdivision.  Nuisance plants or any vegetative growth on exempted property not to encroach into the right of way or onto adjacent improved or greenspace property.  Vegetative growth shall not create a fire, health or safety hazard for the right of way or adjacent improved or greenspace property.                                   

 

Section 6.  Amend Chapter 158 “Vegetation”, Article I “In General”, Section 158-7 “Prohibited”,    

 

Amended to read:

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. Vegetation not to encroach into the right of way or onto adjacent improved or greenspace property or create a fire, health or safety hazard.

 

Section 7.  Amend Part 8 “Community and Human Development”, Chapter 2 “Building Regulations”, Article B “Building and Structural Appurtenances”, Section 8-2095 “Maintenance”,

 

Amended to read:

The owner or operator shall maintain and operate any commercial, institutional, or industrial structure in accordance with the following:

(6) It shall be unlawful for the owner, occupant or operator of any lot, tract, parcel of land or premises in the city, to have, permit or allow the growth of Kudzu, Chinese wisteria or the excessive growth of grass, weeds, vines, shrubs, brush or thickets thereon. Vegetation on the premises, to include any adjacent sidewalk planting strips, not to encroach into the right of way or onto adjacent property, or create a safety or fire hazard.

 

Section 8.  Amend Part 8 “Community and Human Development”, Chapter 2 “Building Regulations”, Article B “Building and Structural Appurtenances”, Section 8-2083 “Definitions”, to insert the following new definition:

 

Amended to read:

Weed shall mean all unrestricted vegetative growth, including Kudzu (Pueraria Montana var. lobta), Chinese wisteria (Wisteria sinensis) and nuisance plants.

 

Section 9. That all ordinances and part of ordinances that are in conflict with the provisions of this ordinance are waived to the extent of the conflict.

 

 

 

Meeting History

May 15, 2017 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

REFERRED TO COMMUNITY DEVELOPMENT/HUMAN SERVICES COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
May 23, 2017 12:30 PM Video Community Development/Human Services Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [UNANIMOUS]
MOVER:Mary Norwood, Post 2 At-Large
SECONDER:Michael Julian Bond, Post 1 At-Large
AYES:Natalyn Mosby Archibong, Michael Julian Bond, Cleta Winslow, Mary Norwood, Joyce M Sheperd, Ivory Lee Young Jr.
ABSENT:Andre Dickens
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
RESULT:FAVORABLE [4 TO 0]
MOVER:Mary Norwood, Post 2 At-Large
SECONDER:Cleta Winslow, District 4
AYES:Michael Julian Bond, Cleta Winslow, Mary Norwood, Joyce M Sheperd
ABSENT:Natalyn Mosby Archibong
AWAY:Ivory Lee Young Jr., Andre Dickens
Nov 6, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Chairperson Archibong requested Ordinance 17-O-1275 be removed from the Consent Agenda. Ms. Archibong made a Motion to bring forth a Substitute. It was properly Seconded and the Motion CARRIED by a roll call vote of 14 yeas; 0 nays. The Substitute was then before Council. Following, Chairperson Archibong made a Motion to Adopt on Substitute. It was Seconded by Councilmember Wan and CARRIED by a roll call vote of 13 yeas; 0 nays.

ADOPTED SUBSTITUTE BY A ROLL CALL VOTE OF 13 YEAS; 0 NAYS

RESULT:ADOPTED ON SUBSTITUTE [13 TO 0]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Howard Shook, Yolanda Adrean, Felicia A Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce M Sheperd
ABSENT:Kwanza Hall
AWAY:Alex Wan