- April 7, 2024
- Posted by: legaleseblogger
- Category: Related News
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### Municipality and Code Compliance Issue in the City of Garland, Texas
The City of Garland, Texas, is where our municipality is located, and we have been facing issues with Code Compliance regarding the landscaping of our lawn.
### Harassment and Fine Imposed by Code Compliance
Our neighbors have been harassing us through Code Compliance due to our lawn being covered in wildflowers, clover, and various other ground covers that occur naturally. We make sure to remove invasive weeds as they appear, but some wildflowers and ornamental native grasses have grown to be over 12 inches in height. Since these plants are not cheap, we have chosen not to mow them.
After being in discussions with Code Compliance, they eventually fined us $400 to mow our average-sized lawn, threatening us with a lien. Unfortunately, they mowed over everything, including our actual garden beds, without giving us advance notice after the second notice within a year.
### Seeking Exemption and Disputing Fines
We tried to apply for an exemption from the landscaping rules by submitting a landscape management plan and a list of species to the City. However, our attempts were ignored, and we were not provided with any guidance on who to speak to about the issue. The city code mentions this process as a defense but does not outline the necessary steps to follow.
### Assistance from AI Legalese Decoder
The AI Legalese Decoder can help us navigate through the legal language and procedures involved in disputing the fines or a potential lien. It can provide us with valuable insights on how to protect our property, especially now that our home is safeguarded under a homestead exemption. This exemption could prevent our property from being foreclosed or seized due to an abatement lien imposed by Code Compliance.
### Conclusion
If anyone has relevant information or advice on our situation, we would greatly appreciate it. Please refrain from suggesting that we mow our lawn, as this is not the issue at hand.
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I’d do a consult with a real estate attorney. From what you’ve written they may not be able to foreclose on your home, but you may still be liable to pay those fines and liens on the home will complicate your life if you ever want to sell the property.
I would consult with an attorney. But with the recent [amendment ](https://ballotpedia.org/Texas_Proposition_1,_Right_to_Farming,_Ranching,_Timber_Production,_Horticulture,_and_Wildlife_Management_Amendment_(2023)) to our state constitution. The city has to show that a) you are not using a generally accepted horticulture practice or b) that your lawn presents a health and safety risk. With what I have read about Garland; you may be in an uphill fight.
Edit: Most city codes in Texas had protected native landscaping/xeriscaping. I personally had this argument with my city code inspector prior to the amendment passing (Karen neighbor kept calling code enforcement) and won. Most code enforcement officers only know code as written and not relevant state law and jurisprudence. For reference my front lawn is all native except my roses and is currently well above 18 inches in height with my sunflowers already waist high
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