Chapter 11.36 VEGETATION IN RIGHTS-OF-WAY

Chapter 11.36
VEGETATION IN RIGHTS-OF-WAY

Sections:

11.36.020 Removal of vegetation in rights-of-way and rights-of-way maintenance.

11.36.010 Vegetation in rights-of-way.

The City recognizes the value trees and vegetation generate for the public good by helping to stabilize soils and their underlying substrates as well as by counteracting the negative effects of “urban deforestation,” beautifying neighborhoods, providing habitat for wildlife, serving as sight/sound barriers, combating climate change, and providing other benefits. That being said, there are times when the city must exercise its stewardship over public rights-of-way to maintain the functionality and integrity of roads, pedestrian ways and utilities located in said rights-of-way by clearing trees and other vegetation that interfere with that function/integrity. To this end, all or any part of a tree, shrub, ground material or other vegetation that is located in, over or under a public right-of-way in the City is subject to removal by the City as necessary for the reasonable public use of the right-of-way, including without limitation removal as authorized in HCC 11.36.020, regardless of whether:

a. The vegetation existed in, over or under the right-of-way before the granting, dedication or improvement of the right-of-way;

b. The vegetation was planted in the right-of-way by another person, including without limitation an owner of property adjacent to the right-of-way; or

c. The vegetation originated on property adjacent to the right-of-way, to the extent that limbs, branches or roots of the vegetation extend into, over or under the right-of-way. [Ord. 20-26 § 1, 2020; Ord. 19-27(S) § 1, 2019; Ord. 16-51 § 1, 2016].

11.36.020 Removal of vegetation in rights-of-way and rights-of-way maintenance.

Except as otherwise provided in this chapter, the City Manager may cause the removal of all or any part of a tree, shrub, ground material or other vegetation that is located on, over or under a public right-of-way if the City Manager finds that the vegetation:

a. Obstructs or interferes with the use of the road by vehicular or pedestrian traffic;

b. Obscures site distance to or from the right-of-way;

c. Constitutes a safety hazard;

d. Obstructs maintenance of the road, including without limitation paving, grading, cleaning, drainage, snow removal, and snow storage;

e. Has the potential if not removed to damage pavement or other improvements in the right-of-way;

f. Has the potential if not removed to damage or interfere with the operation or maintenance of overhead or underground public utility facilities in the right-of-way. [Ord. 20-26 § 1, 2020; Ord. 19-27(S) § 1, 2019; Ord. 16-51 § 1, 2016].

11.36.030 Annual road maintenance plan.

a. The Public Works Director shall develop an annual road maintenance plan, which shall be updated on an annual basis, to document (1) the condition of all roads accepted by the City for maintenance, regardless of when a particular road was accepted, and (2) the maintenance activities that will be performed on said roads.

b. The annual road maintenance plan shall address, as a minimum, the following topics:

1. Integrity of road structure;

2. Condition of road surface;

3. Integrity of drainage ways;

4. Integrity of any pedestrian ways;

5. Condition of road signage;

6. Barriers to efficient operations/maintenance, such as limited opportunities for snow storage, excessive vegetation, etc.;

7. A plan for maintenance, which, among other things, could include the necessary removal of vegetation and resulting debris cleanup, crack sealing, dust control, etc.;

8. Recommendations for capital improvements, which, among other things, could include reconstruction or improvement of drainage works, pedestrian ways, etc.

c. The annual road maintenance plan shall be presented to the City Council for information as part of the City’s budget process. [Ord. 20-26 § 2, 2020].

11.36.040 Public notice.

a. Whenever the City needs to remove vegetation from its rights-of-way, the City shall provide property owners who own property adjacent to the rights-of-way where vegetation removal will take place with reasonable notice no less than 30 calendar days before the vegetation removal commences.

b. In addition to notice provided under subsection (a) of this section, whenever the City needs to cut or limb mature trees and/or remove stumps from the rights-of-way, the City shall provide property owners who own property adjacent to the rights-of-way where the tree cutting/limbing will take place with individual notice no less than seven calendar days before the work commences, via door knocking, door hangars, or a phone call. [Ord. 20-26 § 3, 2020].

11.36.050 Emergency authority.

Upon finding a hazard which could cause injury or property damage, the City Manager is authorized to direct the removal/mitigation of the hazard. In this event, the City Manager shall report the incident in his/her next City Manager’s report. [Ord. 20-26 § 3, 2020].