NUISANCE TREE OR PLANT.

Austin City Code tit. 6, ch. 6-3, art. 3

in effect

Austin City Code § 6-3-41 DISEASED TREE OR PLANT.

§ 6-3-41 - DISEASED TREE OR PLANT. A tree or plant infected by a lethal disease communicable to another tree or plant is a public nuisance. A tree under this section includes firewood. Source: 1992 Code Section 10-6-1; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-42 OWNER'S DUTY TO ABATE NUISANCE.

§ 6-3-42 - OWNER'S DUTY TO ABATE NUISANCE. A person may not knowingly permit or maintain a tree or plant that is a public nuisance on land owned by or under the supervision or control of the person. A person must remove a diseased tree or plant, or abate the nuisance created by the tree or plant on property owned by or under the person's supervision or control as required by the urban forester. Source: Section 10-6-2; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-43 INSPECTION BY URBAN FORESTER.

§ 6-3-43 - INSPECTION BY URBAN FORESTER. The urban forester may inspect private property to determine if a tree or plant located on the property is a nuisance. Source: 1992 Code Section 10-6-3; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-44 RIGHT OF ENTRY AND REMOVAL.

§ 6-3-44 - RIGHT OF ENTRY AND REMOVAL. Except as provided in Section 6-3-45 (Owner's Consent to Entry), the urban forester may: (1) enter property during regular business hours to inspect a tree or plant; and (2) remove a specimen to analyze for the existence of infection. Source: 1992 Code Section 10-6-3; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-45 OWNER'S CONSENT TO ENTRY.

§ 6-3-45 - OWNER'S CONSENT TO ENTRY. (A) Except as provided in Subsection (C), the urban forester may not enter property without the permission of the owner. (B) Before entering private property to conduct an inspection, the urban forester must: (1) locate the owner of property that is occupied or make a reasonable effort to locate the owner of unoccupied property; (2) inform the owner that the urban forester has a right of entry; and (3) request permission to enter the property. (C) If the owner of private property refuses to permit inspection by the urban forester, the city may exercise any available legal remedy to secure entry. Source: 1992 Code Section 10-6-3; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-46 NOTICE OF ABATEMENT.

§ 6-3-46 - NOTICE OF ABATEMENT. (A) Subject to the provisions of Section 6-3-48 (Review of Recommendation to Remove Protected Tree), the urban forester shall send written notice of abatement to the owner of property containing a nuisance tree or plant. Notice under this section must include: (1) a statement identifying the nuisance tree or plant; (2) a description of the required corrective action to abate the nuisance; (3) a statement that the owner must abate the nuisance not later than the 10th business day after the date of the notice; and (4) a statement that any cost incurred by the city to abate the nuisance will be assessed against the owner as a lien against the property. (B) Except as provided in Subsection (C), the urban forester must serve notice of abatement by registered mail or personal delivery. (C) If the urban forester cannot locate the owner of property containing a nuisance tree or plant, the urban forester may post notice under this section on the nuisance tree or plant. Source: 1992 Code Sections 10-6-4, 10-6-6, and 10-6-7; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-47 APPEAL OF NOTICE OF ABATEMENT.

§ 6-3-47 - APPEAL OF NOTICE OF ABATEMENT. (A) The owner of property containing a nuisance tree or plant may appeal a notice of abatement to the board in writing delivered to the urban forester within the time allowed to complete abatement of the nuisance. (B) If an owner requests an appeal of a notice of abatement within the time allowed to complete abatement of the nuisance, the urban forester shall schedule a meeting of the board to consider the appeal. (C) An appeal under this section shall stay the urban forester's decision and notice of abatement. (D) The board may overrule, sustain, or modify the urban forester's decision. If the board determines that a tree or plant constitutes a nuisance, the board shall determine the date by which the action necessary to abate the nuisance must be completed. Source: 1992 Code Section 10-6-5; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-48 REVIEW OF RECOMMENDATION TO REMOVE PROTECTED OR HERITAGE TREE.

§ 6-3-48 - REVIEW OF RECOMMENDATION TO REMOVE PROTECTED OR HERITAGE TREE. (A) Not later than the 10th business day before delivery of owner notification under Section 6-3-46 (Notice of Abatement), the urban forester shall submit to the city arborist a written request for review of removal of a protected or heritage tree under the jurisdiction of Subchapter B, Article 1 (Tree and Natural Area Protection) of Chapter 25-8 (Environment) of the Code. (B) The city arborist shall respond to the urban forester with written comments not later than the 10th day after the date the request for review was submitted. Source: 1992 Code Section 10-6-8; Ord. 031023-10; Ord. 031211-11; Ord. 20100204-038.

Austin City Code § 6-3-49 PUBLIC RIGHT TO ABATE NUISANCE.

§ 6-3-49 - PUBLIC RIGHT TO ABATE NUISANCE. (A) If an owner fails to abate a nuisance by the date specified by the urban forester or board, the urban forester may take corrective action to abate the nuisance. (B) The City shall assess costs incurred under this section against the owner and as a lien against the property. Source: 1992 Code Section 10-6-6; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-50 NOTICE OF COST OF PUBLIC ABATEMENT.

§ 6-3-50 - NOTICE OF COST OF PUBLIC ABATEMENT. If the city has incurred an expense under Section 6-3-49 (Public Right to Abate Nuisance), the urban forester shall deliver a statement of expense to an owner by certified mail or personal delivery. Source: 1992 Code Section 10-6-6; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-51 OWNER'S DUTY TO REIMBURSE COST OF PUBLIC ABATEMENT.

§ 6-3-51 - OWNER'S DUTY TO REIMBURSE COST OF PUBLIC ABATEMENT. (A) The owner shall reimburse the City for the cost of abatement of a nuisance under this article. (B) Not later than the 30th day after the date a statement of expense is mailed under Section 6-3-50 (Notice of Cost of Public Abatement), an owner must: (1) pay the full amount of the statement to the Parks and Recreation Department; or (2) execute a written agreement with the Parks and Recreation Department to pay the full amount of the statement of expense not later than the expiration of six months after the date the statement was mailed. Source: 1992 Code Section 10-6-6; Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-52 NOTICE OF LIEN.

§ 6-3-52 - NOTICE OF LIEN. (A) If the City has incurred an expense under Section 6-3-49 (Public Right to Abate Nuisance), the urban forester shall file a certified notice of lien with the county clerk in the county in which the property containing a nuisance tree or plant is located. A notice of lien under this section must include: (1) a description of the property; (2) a statement of expenses incurred by the City; (3) a description of the work performed by the City; and (4) the name of the owner of the property. (B) A lien under this section is superior to a lien against the property, except a lien for ad valorem taxes or street improvements. (C) Interest on the lien amount accrues at the rate of 10 percent annually. Source: 1992 Code Section 10-6-7(A); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-53 EXECUTION OF JUDGMENT AND FORECLOSURE.

§ 6-3-53 - EXECUTION OF JUDGMENT AND FORECLOSURE. (A) The City may file suit against the owner of property subject to costs incurred under Section 6-3-49 (Public Right to Abate Nuisance) to: (1) obtain a personal judgment against the owner; and (2) foreclose on the lien against the property established under Section 6-3-52 (Notice of Lien). (B) Not later than the 60th day before the date of a foreclosure sale under this section, the City shall mail notice to each record mortgage holder on the property by certified mail. Notice under this section shall state that the city has a priority lien for costs incurred to abate a public nuisance. Source: 1992 Code Sections 10-6-6, and 10-6-7(B) and (C); Ord. 031023-10; Ord. 031211-11.

Austin City Code § 6-3-54 PENALTY.

§ 6-3-54 - PENALTY. A person who violates this article commits a Class C misdemeanor and is subject to the penalty prescribed by Section 1-1-99 (Offenses; General Penalty). Source: 1992 Code Section 10-6-4; Ord. 031023-10; Ord. 031211-11.

Source: City of Austin, City Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/austin/codes/code_of_ordinances?nodeId=TIT6ENCOCO_CH6-3TRVE_ART3NUTRPLFetched: 10/27/2026