Title 7 - Health and Sanitation

7.16.200 Abutting Owner’s Duty to Right-of-way.

1. A.
   Duty. Abutting Owners are responsible for Maintaining the Trees and Shrubs within or encroaching within the abutting Right-of-way in a manner which promotes safe and healthy Trees and Shrubs and which protects the health, safety, and welfare of the public with respect to the same. The Abutting Property Owners shall not allow such Trees and Shrubs to hinder or obstruct the Right-of-way, create a Nuisance, or threaten life or property within the Right-of-way. When applicable, this duty shall also include the responsibility to remove Shrubs within the abutting Right-of-way. Whenever the Community Services Division or the City Forester determines that any such Tree or Shrub endangers, hinders or obstructs the use of the Right-of-way, is a Nuisance, or in any other way endangers the public health, safety and welfare, the Community Services Division shall issue a notice of violation to order the Maintenance of the Tree or Shrub by the Owner. (See Sections 7.16.205 and 7.16.208.)
2. B.
   City Assistance. An Abutting Owner may contact the City Forester to request the City’s assistance with the removal of a diseased, hazardous, or dead Tree in the Right-of-way. Diseased Trees are those diagnosed by the City Forester as having a highly contagious disease that could have catastrophic effects upon the City’s Trees. An Abutting Owner may also request the City’s assistance with the removal of storm damage from Right-of-way Trees to ensure that the Right-of-way is kept clear for vehicular and pedestrian traffic and that public safety, health and welfare is maintained.

(History: Ord. TP-3025 §9, 2014; TP-2032 §9, 97; TP-1289 §12, 85)

Effective on: 1/1/1901