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Dallas Code Compliance - any Municipal Attorneys here?

1,065 Views | 2 Replies | Last: 5 yr ago by Red Rover
Red Rover
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AG
The city of Dallas is trying to force me to change landscaping that has been here since my house was built in the mid 70s. I live on a corner and my retaining wall and some trees are in violation of the 45' "visibility triangle". This is an extremely well kept property and the exact size and shape of these trees has been maintained for at least the last 11 years. Athough I don't believe they causes any issues for drivers I have offered to trim the trees back further to make sure they do not in any way obstruct any views. However code compliance tells me they must strictly enforce this law. A quick Google maps search tells me that roughly half the corners in the Lakehighlands area are in violation if you take it strictly by the letter of the law.

1) Is there a way I can use this to show they singling me out and arbitrarily applying a strict interpretation of the law just for me?
2) If the original platt and permits included a retaining wall over 2.5' above curb height within the visibility triangle should this prevent code compliance from enforcing this law as long as there is not impairment to drivers?
3) Anyone have a rec for a top Municipal Attorney?
Brad_97
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AG
No help here - sorry but watching for future reference on a corner property I was hoping to do some work on. Do you mind posting the code referenced?
wbt5845
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AG
In general,

1. Length of time you've been out of compliance and
2. Number of other houses out of compliance

are not adequate defenses for being out of compliance. It's a shame you're home inspector (if you had one) was not familiar enough with Dallas City ordinances to make sure you knew there could be an issue.
Red Rover
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AG
Actually the length of time does matter with many compliance items if they were permitted that way or were in place (and unchanged) prior to the current law.

I did have a home inspector and I'm not sure how this last comment was helpful.
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