Title 7 - Health and Sanitation

7.16 Trees and Shrubs

7.16.210 Penalties and Violation; Civil Actions.

  1. A.
    It shall be unlawful for any person to plant or otherwise maintain Trees or Shrubs in an area where such planting or Maintenance is prohibited by this Chapter.
  2. B.
    It shall be unlawful for any person, including an Abutting Owner, to abuse, damage, mutilate, destroy or remove without the prior written permission from the City Forester (i) any Street Tree, (ii) any Shrub in the Right-of-way that was planted or is maintained by the City, or (iii) any Tree or Shrub on any other public property. Persons in violation of this provision shall be required to provide a replacement Tree or Shrub of a species and caliper approved by the City Forester; provided, however, the City Forester may waive this requirement in the City Forester’s sole discretion.
  3. C.
    It shall be unlawful for any Owner, occupant or agent to permit any Tree or Shrub on their property to remain in violation of this Chapter after receipt of a notice of violation from the Community Services Division or the City Forester.
  4. D.
    It shall be unlawful for any Owner, occupant or agent to allow any Tree or Shrub to hinder or obstruct any Right-of-way abutting their property or to violate any minimum distance or clearance requirements.
  5. E.
    It shall be unlawful for any person to prevent, hinder or otherwise interfere with authorized employees, officials or contractors of the City in the performance of their official duties pursuant to the provisions of this Chapter.
  6. F.
    Any person who violates any of the provisions of this Chapter is guilty of a public offense and upon conviction shall be punished as provided in OPMC Section 1.12.010.
  7. G.
    The City may further enforce this Chapter by filing an action in the appropriate court for an injunction to enforce the provisions of this Chapter; to cause correction of any such violation; for assessment and recovery of a civil penalty for such violation; or to pursue any other appropriate civil remedy.

(History: Ord. (History: Ord. TP-3025 §12, 2014; TP-2032 §10, 97; TP-1289 §13, 85)

Effective on: 1/1/1901