Chapter 12.24
STREET TREES
Sections:
12.24.010 Planting of certain trees prohibited.
12.24.020 Unauthorized planting in public places prohibited.
12.24.030 Trees and shrubs endangering usefulness of streets and sidewalks--Public nuisance.
12.24.040 Abatement of nuisance.
12.24.050 Fire hazards--Abatement.
12.24.060 Stumps and roots - removal.
12.24.070 Appeals.
12.24.080 Enforcing authority.
12.24.090 Violation - Penalty.
12.24.100 Remedies not exclusive.
12.24.010 Planting of certain trees prohibited.
It is unlawful to plant hereafter anywhere in the city willow, cottonwood, poplar, and any other trees the roots of which are likely to obstruct or injure sanitary sewers or other underground utilities, except as approved by the director of public works in accordance with a city-approved plan or project.
(Ord. 909, Added, 08/15/1981; Ord. 1392, Amended, 08/03/1993)
12.24.020 Unauthorized planting in public places prohibited.
No trees or shrubs shall hereafter be planted in or abutting any public parking strip, street right-of-way, or any other public place in the city, including sidewalks, without permission of the superintendent of public works; provided, that the following species may not be planted in the above-named places in any event: trees named in Section 12.24.010, fruit trees (except ornamental types), nut trees, Ailanthes, Mountain Ash, Oregon or big leaf maple, American elm, or any other tree the roots of which cause injury to sidewalks or pavements.
(Ord. 909, Added, 08/15/1981)
12.24.030 Trees and shrubs endangering usefulness of streets and sidewalks--Public nuisance.
Trees, plants, shrubs or vegetation, or parts thereof, which endanger the security or usefulness of any public street, sidewalk, sewer or other underground utility, are declared to be a public nuisance, except that trees may extend over the sidewalk when kept trimmed to a height of eight feet above sidewalks and fourteen feet above a roadway.
(Ord. 909, Added, 08/15/1981)
12.24.040 Abatement of nuisance.
The superintendent of public works shall by written notice require the owner of such nuisances adumbrated in Section 12.24.030, in addition or alternative to the penalties prescribed by Section 12.24.090, to abate the nuisance by trimming, destroying or removal, at the owner’s cost and expense within the time specified by the superintendent; provided further, that if the destruction, trimming, or removal is not made by such owner within the time specified, the superintendent of public works may abate the same and render a bill covering the cost of such abatement. (Ord. 909, Added, 08/15/1981)
12.24.050 Fire hazards--Abatement.
Grass, weeds, shrubs, trees, or vegetation growing or which has grown and died upon any property and are a fire hazard or menace to public health, welfare or safety are likewise public nuisances. It is the duty of the property owner wherein or whereon any such nuisance exists to abate the nuisances by destroying, removing, or trimming the growth.
(Ord. 909, Added, 08/15/1981)
12.24.060 Stumps and roots - removal.
The stumps and roots of trees or shrubs shall be removed to a point at least one foot below the top of the adjacent curb or proposed curb grade, treating the remaining roots with a suitable compound to prevent future sprouting or growth. Any roots which have disrupted or broken the adjacent street, curb or sidewalk shall be removed and the street, sidewalk or curb shall be repaired.
(Ord. 909, Added, 08/15/1981)
12.24.070 Appeals.
Appeals from administrative actions made under this chapter may be made by any citizen or property owner within ten days after such action transpires, stating in substance that appeal is being made from such action to the city council. The finance department shall thereupon call such appeal to the attention of the city council at the next regularly scheduled meeting, at which meeting, or subsequent meeting the appellant and the superintendent of public works may present evidence. Action taken by the city council on such appeal shall be final.
(Ord. 909, Added, 08/15/1981; Ord. O96-027, Amended, 10/15/1996)
12.24.080 Enforcing authority.
The superintendent of public works or his duly authorized representative shall be charged with the enforcement of this chapter.
(Ord. 909, Added, 08/15/1981)
12.24.090 Violation - Penalty.
Violation of or failure to comply with any provision of this chapter shall subject the offender to a fine in any sum not to exceed five hundred dollars.
(Ord. 909, Added, 08/15/1981)
12.24.100 Remedies not exclusive.
The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law, including damages to the city’s proprietary interests.
(Ord. 909, Added, 08/15/1981)