Chapter 12.16
TREES

Sections:

12.16.010    Cottonwood or poplar trees not to be planted.

12.16.020    Planting trees in public rights-of-way deemed misdemeanor.

12.16.030    Trimming overhanging trees – Property owner duty.

12.16.040    Trimming overhanging trees – Notice – Abatement by city.

12.16.050    Trimming overhanging trees – Collection of cost of abatement by city.

12.16.010 Cottonwood or poplar trees not to be planted.

From and after the going into effect of the ordinance codified in this section, it is unlawful for any person or persons, firm or corporation to plant or set out upon any of the streets, alleys, sidewalks or avenues in the city any species of cottonwood or poplar trees. (Ord. 1003 NS § 1, 1988; prior code § 8.32.020).

12.16.020 Planting trees in public rights-of-way deemed misdemeanor.

A. It is unlawful to plant any tree within the dedicated street or alley right-of-way or any street or alley right-of-way easement, except for those trees which are included as part of a formal planting identified within a plan adopted by the city.

B. Any person found guilty of violating this section shall be guilty of a misdemeanor. (Ord. 1186 NS, 1999; Ord. 840 NS §§ 1, 2, 1980).

12.16.030 Trimming overhanging trees – Property owner duty.

All property owners within the corporate limits of the city shall, at the expense of the property owner, keep all trees, brush and other foliage from projecting out over the public streets and sidewalks and alleys so as not to interfere, in any way, with the city’s use of street construction and cleaning equipment, nor shall the same interfere with the obstruction of sidewalk traffic or create a hazardous situation insofar as the same obstructs the view of motorists where using the public streets. (Ord. 1003 NS § 2, 1988; prior code § 8.34.010).

12.16.040 Trimming overhanging trees – Notice – Abatement by city.

The city, when such a condition exists which is in violation of CMC 12.16.030, shall give the record owner of the property, on which the condition exists, notice of the existence of the violation, and the property owner shall have 30 days from and after receipt of the notice, in which to correct the situation at the property owner’s expense, and in the event the condition is not corrected within the 30-day period, the city may go in and upon the property and correct the condition and assess the property owner for the cost of the same. (Prior code § 8.34.020).

12.16.050 Trimming overhanging trees – Collection of cost of abatement by city.

In the event the city incurs expense in eliminating the condition, which is in violation of CMC 12.16.030, the cost of the same may be collected in the same manner as a collection of general taxes. (Prior code § 8.34.030).