Chapter 12.24


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. 1392, Amended, 08/03/1993; Ord. 909, Added, 08/15/1981)

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 city; provided, that the following species may not be planted in the above-named places in any event: trees named in TMC 12.24.010, fruit trees (except ornamental types), nut trees, Ailanthus, Mountain Ash, Oregon or big leaf maple, American elm, or any other tree the roots of which cause injury to sidewalks or pavements.

(Ord. O2011-002, Amended, 03/01/2011; 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 public works director, or his/her designee, shall by written notice require the owner of such nuisances described in TMC 12.24.030, in addition or alternative to the penalties prescribed by TMC 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 director; provided further, that if the destruction, trimming, or removal is not made by such owner within the time specified, the director may abate the same and render a bill covering the cost of such abatement.

(Ord. O2011-002, Amended, 03/01/2011; 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 to the hearing examiner in the manner provided in TMC Chapter 2.58.

(Ord. O2014-018, Amended, 12/16/2014; Ord. O2011-002, Amended, 03/01/2011; Ord. O96-027, Amended, 10/15/1996; Ord. 909, Added, 08/15/1981)

12.24.080 Enforcing authority.

The public works director or his/her duly authorized representative shall be charged with the enforcement of this chapter.

(Ord. O2011-002, Amended, 03/01/2011; Ord. 909, Added, 08/15/1981)

12.24.090 Violation – Penalty.

Violation of or failure to comply with any provision of this chapter shall constitute a misdemeanor.

(Ord. O2011-007, Amended, 07/19/2011; 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)