Chapter 12.20
STREET TREES AND SHRUBS
Sections:
Article 1. General Provisions
12.20.010 Tree planting and street improvement plan—Adopted.
12.20.020 Tree planting and street improvement plan—Content.
12.20.030 Tree planting and street improvement plan—Compliance.
12.20.040 Unauthorized planting or removal prohibited.
12.20.050 Removal—Authorization required.
12.20.060 Removal—Authority—Procedures.
12.20.070 Trimming by owners or tenants.
12.20.080 Unauthorized destruction or damage prohibited.
Article 2. Hedges
12.20.100 Enforcement of provisions.
12.20.120 Abatement by city—Generally.
12.20.130 Abatement by city—Cost recovery.
12.20.140 Abatement by city—Recordkeeping.
Article 1. General Provisions
12.20.010 Tree planting and street improvement plan—Adopted.
As a pattern and guide for the orderly physical growth and development of the city and pursuant to the provisions of the state Conservation and Planning Act, there is adopted a tree planting and street improvement plan as part of a master plan for the city. (Prior code § 12.24.010)
12.20.020 Tree planting and street improvement plan—Content.
As shown in the tree planting and street improvement plan and as a part of a master plan for the city, there are adopted and ordered filed in the office of the city clerk the following items:
A. That certain map designated thereon as “map of tree planting and street improvement plan,” certified to under date of May 25, 1949, by M. D. Brainard, as chairman of the city planning commission and Ruth H. Wedge, as secretary of the city planning commission;
B. The typewritten resolution of the city planning commission attached to the map referred to in subsection A of this section and certified to by the chairman and the secretary of the city planning commission under date of May 25, 1949;
C. The typewritten list attached to the map referred to in subsection A of this section showing thereon the names of the streets of the city whereon trees are to be planted and maintained and the names of the varieties of trees which are to be planted and maintained on such streets, respectively;
D. A resolution of the city planning commission entitled, “Resolution No. 3,” duly certified to by the chairman and the secretary of the city planning commission under date of May 25, 1949, which was submitted to the city council for consideration along with the map referred to in subsection A of this section and the typewritten list referred to in subsection C of this section on November 9, 1949. (Prior code § 12.24.020)
12.20.030 Tree planting and street improvement plan—Compliance.
There shall be planted, from time to time as may be decided upon by the city council, and thereafter maintained along the streets of the city named on map and in the list mentioned in Section 12.20.020 of this chapter, trees of the varieties specified on such map and list, except along those portions of streets in the business district of the city where parkways have been or may hereafter be eliminated. (Prior code § 12.24.030)
12.20.040 Unauthorized planting or removal prohibited.
No person within the city, not authorized by the parks and recreation commission or by this chapter, shall plant, burn, mutilate, injure, destroy or remove any tree or shrub upon or from the public parks, public grounds, public streets or parking places in the city. (Prior code § 12.24.040)
12.20.050 Removal—Authorization required.
On any occasion that the parks and recreation commission authorizes the removal of any tree or shrubbery from any of the public parks, grounds, streets, parkways or parking places in the city, the actual work of removal shall not be undertaken or accomplished until after the next succeeding meeting of the city council following such authorization, at which meeting the city council shall have an opportunity to act thereon. (Prior code § 12.24.050)
12.20.060 Removal—Authority—Procedures.
A. No trees or shrubs shall be planted upon or removed from any of the public parks, public grounds, public streets, alleys, ways and parking places in the city, except as follows:
1. The traffic engineer shall have the authority to remove or have removed any trees or shrubs from any parkway or public parking place in the city, where, in his or her opinion, the same constitute a hazard to traffic.
2. The superintendent of public works shall have the authority to remove or have removed any trees or shrubs from any parkway in the city. Such trees or shrubs shall be removed only when the same are in a dead, diseased, damaged or dangerous condition, or when such trees or shrubs interfere with the construction or removal of buildings or interfere with the alignment or realignment of streets, highways, alleys or driveways within the city.
B. Any trees or shrubs which shall be removed in accordance with this section to facilitate construction or removal of buildings shall be replaced, where possible or practical, upon the completion of such removal or construction at the expense of the person for whose convenience the same were removed. Any such replacement shall be made only when the particular tree or shrub has been approved by the parks and recreation commission. (Prior code § 12.24.060)
12.20.070 Trimming by owners or tenants.
It is the duty of the owners or occupants of the lands adjoining the streets and sidewalks of the city to keep the trees on the streets and sidewalks thereof so trimmed that the branches thereof do not interfere with the way of pedestrians on sidewalks or of persons passing in vehicles along the street under such trees. (Prior code § 12.24.070)
12.20.080 Unauthorized destruction or damage prohibited.
No person shall negligently or carelessly cause any shade or ornamental tree or shrub upon any of the streets or sidewalks of the city to be injured or destroyed in violation of this article. (Prior code § 12.24.080)
Article 2. Hedges
12.20.090 Trimming required.
All hedges along the line of any public highway in the city shall be trimmed and maintained so that no part of the same projects over the property line onto the sidewalks or street. (Prior code § 12.24.090)
12.20.100 Enforcement of provisions.
It is the duty of both the owner and the occupant of any property in the city to see that the requirements of this article are strictly enforced. Every person wilfully failing to comply or enforce any such requirements or allowing any property owned or occupied by him to be in a condition contrary to the provisions of this article is guilty of a violation of this article. (Prior code § 12.24.100)
12.20.110 Notice to comply.
Whenever any property in the city is in a condition prohibited by this article, it is the duty of the superintendent of public works to give written notice thereof to the owner, if known, or to the occupant, if there is any, or, if neither can be so notified, then to post such notice conspicuously on such property. Such notice shall briefly describe the work required to be done, shall refer to this article and shall contain a notification that unless the property is made to comply with the provisions of this article within ten days, the superintendent of public works will do the same and that the cost and expense thereof will be charged and made a lien against such property. (Prior code § 12.24.110)
12.20.120 Abatement by city—Generally.
If the condition of the property is not made to comply with the provisions of this article within ten days after the service of the notice provided for in Section 12.20.110 of this chapter, it shall be the duty of the city to proceed to do the same. (Prior code § 12.24.120)
12.20.130 Abatement by city—Cost recovery.
As soon as the work required by Section 12.20.120 of this chapter is completed, the superintendent of public works shall render a statement in duplicate showing the cost thereof and deliver one to the assessor and one to the tax collector, who shall immediately note the amount thereof on the assessment roll against the property charged. Thereafter such amount, together with a ten percent penalty, shall be a lien against such property and shall be collected at the same time in the same manner as other city taxes. (Prior code § 12.24.130)
12.20.140 Abatement by city—Recordkeeping.
The superintendent of public works shall keep a record of all notices issued, all work done and the cost of all such work done on each parcel of land pursuant to the provisions of this article. (Prior code § 12.24.140)