Chapter 8.16
VIEWS AND VEGETATION OVERLAY ZONE
Sections:
8.16.030 Views and vegetation map.
8.16.070 Unreasonable obstruction prohibited.
8.16.080 Criteria for determining unreasonable obstruction.
8.16.110 Designation of dedicated trees.
8.16.120 City guidelines concerning restorative action.
8.16.140 Implementation of decision.
8.16.160 Enforcement and penalties – Public nuisance declared.
8.16.010 Purpose.
The purposes of this chapter are to:
A. Establish the right of persons to protect their coastal views from unreasonable obstruction by the growth of trees or other vegetation.
B. Establish the right of persons to restore coastal views that have been unreasonably blocked by trees or other vegetation.
C. Establish a process by which persons may seek restoration of such coastal views when unreasonably obstructed by the growth of trees or other vegetation. [Ord. 2006-02, 2006].
8.16.020 Applicability.
This chapter shall apply to the area of the city mapped as “Area Subject to Views and Vegetation Provisions” on the “Views and Vegetation Map” (TMC 8.16.030). The provisions in this chapter shall be in addition to any other city ordinance regulating the use of land, including the Trinidad zoning ordinance (TMC Title 17). This chapter shall also apply to vegetation within public rights-of-way located within the areas mapped as “Areas Subject to Views and Vegetation Provisions.” [Ord. 2006-02, 2006].
8.16.030 Views and vegetation map.
A. This section consists of the views and vegetation map of the city of Trinidad. A copy of the views and vegetation map shall be kept on file in the office of the city clerk.
B. The views and vegetation map may be amended in whole or in part from time to time. Amendments to the map may be initiated by the city council, the planning commission or a property owner. A property owner wishing to amend the map shall file an application with the city. The applicant shall be responsible for all city expenses associated with processing a views and vegetation map amendment. At the time of application submittal, the applicant shall pay a fee/deposit for the views and vegetation map amendment. The fee/deposit shall be the same as for a design review application, or as otherwise established by resolution of the city council. The planning commission shall hold at least one public hearing on a proposed amendment. All property owners within 300 feet of the proposed amendment shall be notified of the time, place and nature of the hearing at least seven calendar days before the hearing. After the public hearing(s), the planning commission shall make a recommendation to the city council regarding the amendment. Thereafter, the city council shall set the matter for public hearing. The city council’s decision shall be final. [Ord. 2006-02, 2006].
8.16.040 Principles.
The city’s general plan (1978) recognizes the contribution of scenic resources, including both coastal views and vegetation, to the character and vistas of the city. Trinidad General Plan Design Guideline 4 (p. B-2) states: “Buildings, fences, paved areas, signs and landscaping, and similar developments shall not be allowed to significantly block views of the shoreline from key public viewing points or from viewpoints inside structures located uphill from the proposed development.” The Trinidad zoning ordinance protects coastal views from certain structures through the design review process, but does not adequately protect views from vegetation related blockage.
Vegetation produces benefits for residents and visitors, contributing to the natural environment by modifying temperatures and winds, replenishing oxygen, providing wildlife habitat, controlling soil erosion and providing scale, color and visual buffers between land uses. However, vegetation and views, and the benefits derived from each may come into conflict. The planting of trees and other vegetation and their subsequent growth, particularly when such trees are not properly maintained, can produce unintended harmful effects, both on the property on which they are planted or on neighboring properties.
Coastal views are important to both residents and visitors, contributing to the enjoyment and value of property and providing vistas of Trinidad Head, Little Trinidad Head, Trinidad Harbor, the Pacific Ocean and the rocky coastline and islands. It is also recognized that certain areas of the city have such unparalleled views, that the preservation of these coastal views warrants special protection from vegetation that grows to block those views. Significant public and private coastal views have already been lost to vegetation growth since the adoption of the general plan in 1978. The intent of these regulations is to provide guidelines and standards to resolve disputes between neighbors, balancing vegetation- and view-related values in the interest of public health, safety and welfare.
The rights and the restorative process are based upon the following general principles:
A. The city recognizes that residents, property owners, businesses and the general public cherish their coastal views from the city. The city recognizes that coastal views contribute greatly to the quality of life in Trinidad, including property values, and promote the general welfare of the entire community. The city also recognizes that views are the most prevalent reason residents choose to live in certain areas of the city.
B. The city also recognizes the desire of many of its residents, property owners, and businesses for beautiful and plentiful landscaping, including trees. The city realizes that this desire may sometimes conflict with the preservation of views, and that disputes related to vegetation and view obstruction are inevitable.
C. Owners and residents shall maintain vegetation on their property in a healthy condition for both safety reasons and for preservation of coastal views. Before landscaping, owners and residents are responsible for considering views and blockage potential, both when planted and at landscaping maturity.
D. The city has established the following process by which persons may seek to protect and restore views that have been unreasonably blocked by the growth of trees or other vegetation. The city has also established herein a list of factors to be considered in determining appropriate actions to restore views. These factors shall consider the rights and enjoyment of property of the vegetation’s owner. Persons retain the right to seek civil remedies when threatened by dangerous tree growth independent of the provisions of this chapter.
E. When a view obstruction dispute arises, the parties should act reasonably to resolve the dispute through friendly communication, thoughtful negotiation, compromise, and other traditional means. Those disputes that are not resolved through such means shall follow the procedure established herein.
F. It is the intent of the city that the provisions of this chapter receive thoughtful and reasonable application. It is not the intent of the city to encourage the removal of dedicated trees, or vegetation that contributes to slope stability or the substantial denuding of any property of its vegetation by overzealous application of provisions of this chapter. [Ord. 2006-02, 2006].
8.16.050 Definitions.
For the purpose of this chapter, the meaning and construction of words and phrases shall be as set forth in this section. Words used in the present tense include the future; the singular shall include the plural, and the plural the singular:
“Arborist” means a person possessing the technical competence through experience and related training to provide for or supervise the management of trees or other woody vegetation in a landscape setting (can be a tree service specialist).
“Complaining party” means any property owner (or legal occupant with written permission of the property owner) within the city limits who alleges that vegetation located on the property of another person is causing unreasonable obstruction of his or her view. A complaining party can be more than one property owner or resident if multiple persons’ views are affected by the same vegetation. The city, or a city representative, may also be a complaining party on behalf of public coastal views from public roads, trails or vista points.
“Crown reduction (or shaping)” means a method of comprehensive trimming that reduces a tree’s height or spread. “Crown reduction” entails the reduction of the top, sides, or individual limbs of a tree by means of elimination of leaders or the longest portion of limbs to a lateral large enough to assume the terminal.
“Dangerous tree growth” means a tree or any portion of a tree that has a reasonable potential to cause injury or property damage as determined by the city engineer or an arborist.
“Dedicated tree” means a tree of special significance due to aesthetic, historic or environmental value so designated by the city council as set forth in this chapter.
“Heading back” means the overall reduction of the mass of a tree by modification to its major limbs.
“Hedge” means any plant material, including trees, stump growth or shrubbery planted or growing in a dense, continuous line, so as to form a thicket barrier or living fence.
Lacing. See “Thinning.”
“Mediator” means a neutral, objective third person who assists people in finding mutually satisfactory solutions to their problem.
“Person” means any individual, corporation, partnership, firm, or other legal entity.
“Pruning” means the removal of plant material from a tree or from vegetation.
“Removal” means the complete elimination, including roots, stems/trunk and leaves, of any vegetation from its present location.
“Restorative action” means any specific requirement as set forth by the Trinidad planning commission to resolve a vegetation and view dispute.
“Restore” means to bring back to a former or original state.
Shaping. See “Crown reduction.”
“Shrub” or “shrubbery” means a woody perennial plant smaller than a tree, usually having permanent stems branching from or near the ground. References to “shrub” shall include the plural.
“Stump growth” means new growth from the remaining portion of the tree trunk, the main portion of which has been cut off.
“Thinning (or lacing)” means a comprehensive method of trimming that systematically and sensitively removes excess foliage (generally entire branches) and improves the structure of a tree or other vegetation.
“Topping” means elimination of the upper portions of any vegetation. Specifically for trees, it means the elimination of the upper portions of the trunk or main leader.
“Tree” means any woody perennial plant having a single, usually elongate main stem generally with few or no branches on its lower part.
“Trimming” means the selective elimination of portions of or entire branches or other vegetative plant parts so as to modify the vegetation’s shape or profile or alter its appearance.
“Unreasonable obstruction” means significant obstruction of a view by vegetation as determined by the planning commission using the criteria set forth in TMC 8.16.080.
Vegetation. As used in this chapter, “vegetation” includes trees, shrubs, hedges, vines, grasses or other plant material.
“Vegetation owner” means any person owning real property in Trinidad upon whose land is located vegetation alleged by a complaining party to cause an unreasonable obstruction. In the case of vegetation within the public right-of-way, the “vegetation owner” shall be the person(s) responsible for planting and/or maintaining the vegetation.
View. As used in this chapter, “views” are limited to coastal views, including the Pacific Ocean, rocky coastline and islands, Trinidad Harbor, Trinidad Head and Little Trinidad Head. Private views are from the inside of a residence or an occupied commercial structure; exterior views may be a consideration used by the planning commission in making their findings for unreasonable obstruction. Public views are from public roads, trails or vista points.
“View restoration permit” means a permit issued by the Trinidad planning commission requiring restorative action on vegetation in order to restore or protect a view from unreasonable obstruction.
Vista Pruning. See “Windowing.”
“Windowing (or vista pruning)” means a form of selective thinning by which openings or “windows” are created to allow a view through the tree from a specific point. [Ord. 2006-02, 2006].
8.16.060 Rights established.
Persons shall have the right to protect and seek restoration of views from vegetation that exceeds the maximum height limitations set forth in TMC 17.56.110 and/or which have been unreasonably obstructed by the growth of vegetation.
In order to establish such rights pursuant to this chapter, the person must follow the process established in this chapter. In addition to the above rights, private parties and the city retain the right to seek remedial action for imminent danger or view blockage caused by trees independent of the provisions of this chapter. [Ord. 2006-02, 2006].
8.16.070 Unreasonable obstruction prohibited.
No person within the views and vegetation overlay zone shall plant, maintain, or permit to grow any vegetation that unreasonably obstructs a view from any occupied structure or from key public viewing points within the city. [Ord. 2006-02, 2006].
8.16.080 Criteria for determining unreasonable obstruction.
The following criteria are to be considered (but are not limited to) in determining whether unreasonable obstruction has occurred, or will occur:
A. The extent of obstruction of a view compared to the extent when property was purchased by the complaining party and/or when the general plan was adopted (May 2, 1978), whichever is longer.
B. To what extent the view being blocked contributes to the value, use and enjoyment of the property. Obstruction can be considered both that which is existing and that anticipated at vegetation maturity based on the vegetation owner’s stated maintenance intentions.
C. The quality and percentage of the coastal views being obstructed, including obstruction of landmarks, vistas, or other unique features and the quality of the living area or viewpoint from which the view is blocked.
D. The extent to which the complaining party’s view has been diminished over time by factors other than vegetation growth such as new residences or additions. [Ord. 2006-02, 2006].
8.16.090 Process for resolution of view obstruction disputes within the views and vegetation overlay zone.
The following process shall be used in the resolution of view obstruction disputes between parties:
A. Initial Reconciliation. Any complaining party who believes in good faith that the growth, maintenance and/or location of vegetation situated on the property of another unreasonably diminishes the beneficial use, economic value or enjoyment of the view from the complaining party’s property or from public roads, trails or vista points shall notify the vegetation owner in writing of these concerns. For trees, it is recommended that the complaining party consult an arborist and obtain a report for a feasible solution to the view problem that may avoid complete removal of the tree. The notification to the vegetation owner should include the arborist’s report if one was obtained, and should also be accompanied by personal discussions/negotiations, if possible, to enable the complaining party and the vegetation owner to attempt to reach a mutually agreeable solution, both long term and short term, to the alleged unreasonable obstruction. Ongoing maintenance of the vegetation should be agreed upon in writing between the parties to avoid future conflicts. Cost allocation is to be agreed upon by complaining party and vegetation owner. The complaining party is also encouraged to work with other persons whose views are affected by the same vegetation.
B. Mediation. If the initial reconciliation attempt fails, the complaining party is encouraged to, at their own cost, propose mediation as an alternative means to settle the view obstruction dispute. A list of local mediators and mediation services shall be kept on file in the office of the city clerk. It shall be up to the complaining party and vegetation owner to decide on the details of the mediation process. Since mediation is voluntary, it shall be the decision of the complaining party to determine when mediation has failed and to choose to apply for a view restoration permit.
The mediator shall consider the purposes, policies and criteria set forth in this chapter in attempting to help resolve the dispute. The mediator shall not have the power to issue binding orders for restorative action, but shall strive to enable the parties to resolve their dispute by written agreement in order to eliminate the need for city involvement. Any agreement that entails future or ongoing maintenance should be recorded on the deed and made to run with the land in order to minimize future disputes.
C. View Restoration Permit.
1. In those cases where the parties are unable to reach agreement through the initial reconciliation process or with the assistance of a mediator, any resident of the city whose view has been unreasonably blocked by vegetation within the “Area Subject to Views and Vegetation Provisions” may file an application with the city for a view restoration permit. If more than one property owner is affected by the same vegetation, they may jointly file an application. The applicant shall file with the application written proof, such as a letter sent certified mail, that the applicant consulted, or attempted to consult, with the property owner whose vegetation is in question along with any other applicable information requested on the application form.
2. The applicant shall be responsible for all city expenses associated with processing a view restoration permit. At the time of application submittal, the applicant shall pay a fee/deposit for the view restoration permit. The fee/deposit shall be the same as for a design review application, or as otherwise established by resolution of the city council.
3. The application shall be submitted to the city clerk for public hearing before the planning commission a minimum of 30 days prior to the hearing. Upon receiving an application, written notice of the nature of the application shall be sent to the vegetation owner. Public hearing notification to the applicant, vegetation owner, neighboring property owners and the general public as prescribed in TMC 17.72.130(A) shall also be given. If the offending vegetation is a tree more than 12 inches in diameter at breast height or a dedicated tree, the public notice shall include issuance of a conditional use permit pursuant to TMC 17.72.040 for its possible removal.
4. Commission members should inspect the site prior to the public hearing.
5. All parties are encouraged to submit evidence supporting their positions, including, but not limited to, photographs, arborist report, geologic report, insurance claim, written statements from neighbors, etc.
6. If the vegetation owner fails to attend the hearing, the commission shall continue the hearing once and direct staff to write a certified letter to the vegetation owner expressing the importance of attending the next hearing in order to support their stance. If the vegetation owner still fails to attend the hearing, the planning commission shall continue with the hearing process as set forth in this section.
7. In order for a view restoration permit to be issued, the commission must find:
a. The applicant has complied with the early neighbor consultation process and has shown written proof of cooperation on his/her part to resolve conflicts.
b. The offending vegetation results in the unreasonable obstruction of view(s) based on the criteria in TMC 8.16.080.
c. Removal or alteration of the vegetation will not cause an unreasonable infringement of the privacy, reasonable enjoyment or value of the property or the occupants of the property upon which the vegetation is located.
d. Removal or alteration of the vegetation will not cause significant environmental impacts.
8. Factors that shall be considered by the commission in making the above findings and determining the appropriate restorative action include, but are not limited to:
a. The hazard posed by a tree or other vegetation to persons or structures including, but not limited to, fire danger and the danger of falling limbs or trees.
b. The variety of vegetation, its projected rate of growth and maintenance requirements as well as its value or rarity.
c. Aesthetic quality of the vegetation, including but not limited to species characteristics, size, growth, form, vigor and viewshed.
d. Location with respect to overall appearance, design, or use of the vegetation owner’s property.
e. Soil stability provided by the vegetation considering soil structure, degree of slope and extent of the vegetation’s root system.
f. Privacy (visual and auditory) and wind screening provided by the vegetation(s) to the vegetation owner and to neighbors.
g. Energy conservation and/or climate control provided by the vegetation.
h. Wildlife habitat provided by the vegetation.
i. Whether trees are “dedicated trees,” as defined herein.
j. The number of people whose views are affected and the distance away from the vegetation that the complaining party is located.
9. Should the planning commission consider requiring the removal of any tree that is more than 12 inches in diameter at breast height or that is a dedicated tree as part of any restorative action, then conditional use permit findings per TMC 17.72.040 must also be made and the use permit issued prior to tree removal.
10. Any restorative action ordered by the planning commission as part of a view restoration permit should include written conditions (including ongoing maintenance), and directions as to appropriate timing of such actions. An agreement for future maintenance of the offending vegetation should be enacted and recorded on the deed of the vegetation owner and made to run with the land and apply to successors in interest. Conditions of approval, including future maintenance, shall be enforced through the city’s nuisance abatement procedures (Chapter 8.12 TMC). Where removal is required, replacement by an appropriate species should be considered. [Ord. 2006-02, 2006].
8.16.100 Public views.
For public view disputes, determination of unreasonable obstruction and the process for issuing a view restoration permit shall be as set forth in TMC 8.16.060 through 8.16.090. Once the planning commission has determined that unreasonable obstruction has occurred, the commission shall declare such to be a public nuisance in accordance with TMC 8.16.160 and the city’s nuisance abatement ordinance (Chapter 8.12 TMC). The city shall then commence nuisance abatement procedures beginning with TMC 8.12.110 (Notice and order to abate nuisance). TMC 8.12.130 and 8.12.140 shall not apply to public views. [Ord. 2006-02, 2006].
8.16.110 Designation of dedicated trees.
A. Upon nomination by any person, including city officials, and with the written consent of the property owner(s), the city council may designate a tree or trees as a dedicated tree.
B. A tree may be designated as a dedicated tree upon a finding that it is unique and of importance to the community due to any of the following factors:
1. It is an outstanding specimen of a desirable species;
2. It is one of the largest or oldest trees in Trinidad;
3. It possesses distinctive form, size, age, location, and/or historical significance.
C. After council approval of a dedicated tree designation, the city clerk shall notify the property owner(s) in writing. A listing of trees so designated, including the specific locations thereof, shall be kept in the office of the city clerk.
D. Once designated, a dedicated tree shall be given special consideration according to the provisions of this chapter unless removed from the list of dedicated trees by action of the city council. The city council may remove a tree from the list upon its own motion or upon written request by the property owner. Request for such action must originate in the same manner as nomination for dedicated tree designation.
E. No person shall remove or substantially alter a dedicated tree such that its health or the traits for which it was dedicated may be impacted without first securing a use permit from the city pursuant to TMC 17.72.040. The city building official or any employee designated by the city is authorized and directed to immediately issue a stop work order to any person found to be removing or altering a dedicated tree without the authority required by this chapter or TMC Title 17 (Trinidad zoning ordinance). [Ord. 2006-02, 2006].
8.16.120 City guidelines concerning restorative action.
The city of Trinidad provides the following general guidelines concerning restorative actions. These techniques can be used alone or in conjunction with one another:
A. Trimming. Trimming is the most minor form of physical restorative action. This option is recommended when minor unreasonable obstruction has occurred; provided, that ongoing maintenance is guaranteed. Over-pruning should be avoided.
B. Thinning or Windowing. When simple trimming will not resolve the unreasonable obstruction, thinning or windowing may be necessary. These should be supervised by a certified arborist. Ongoing maintenance may be required. Over-thinning should be avoided.
C. Crown Reduction. Crown reduction is preferable to topping or tree removal, if it is determined that the impact of crown reduction does not destroy the visual proportions of the tree, adversely affect the tree’s growth pattern or health, or otherwise constitute a detriment to the tree(s) in question.
D. Stand Thinning. The removal of a portion of the total number of trees from a grove of trees, without any replacement plantings, may be a viable option.
E. Topping. Topping as a restorative action should be used with caution. Topping can have deleterious effects on a tree’s health, appearance, and cost of maintenance. Topping frequently results in stump growth. Tree removal, with replacement plantings, may be a preferable alternative. Topping is only to be permitted for trees specifically planted and maintained as a hedge, espalier, bonsai or in pollard form and if restoration actions in subsections (A) through (D) of this section will not accomplish the determined restoration and the subsequent growth characteristics will not create a future obstruction of greater proportions.
F. Heading Back. Includes eliminating the outer extent of the major branches throughout the tree. Heading back is only to be permitted for trees specifically planted and maintained as a hedge, espalier, bonsai or in pollard form and if restoration actions in subsections (A) through (E) of this section will not accomplish the determined restoration and the subsequent growth characteristics will not create a future obstruction of greater proportions.
G. Removal. Vegetation removal may be required where such removal is essential to protect views. While normally considered a drastic measure, vegetation removal can be the preferred solution in some circumstances, such as if there would be high maintenance requirements otherwise. Removal may be accompanied by appropriate replacement planting.
H. Other Considerations.
1. Once vegetation has been found to be causing unreasonable obstruction, in determining appropriate restorative action, the planning commission should seek to balance the wishes of all parties and strive to find a mutually agreeable solution. If such a solution is impossible, the planning commission should order restorative action that solves the view issue, while being the least intrusive to the vegetation owner.
2. Stump Growth. Stump growth generally results in the hazard of weak limbs, and its protection is not desirable. When considering restorative action for stump growth, aggressive action is preferred. Restorative action which will result in future stump growth should be avoided.
3. Severe pruning should be avoided due to the damage such practice causes to the tree’s form and health.
4. Maintenance. Ongoing vegetation maintenance requirements are strongly recommended as part of restorative action in order to achieve lasting preservation of views and shall be recorded on the deed.
5. Permanence. Conditions of restorative action requiring future maintenance should be recorded on the deed and run with the land to help guarantee permanent preservation of views and avoidance of future disputes.
6. Dangerous Tree Growth. There are no protections for the vegetation; aggressive action should be taken to protect public health and safety.
7. In cases where trimming, windowing, topping or other restorative action may affect the health of a tree which is to be preserved, such actions should be carried out in accordance with standards established by the International Society of Arboriculture for use in the state of California and/or carried out under the supervision of a certified arborist. [Ord. 2006-02, 2006].
8.16.130 Allocation of costs of corrective action required as the result of a view restoration permit decision.
The complaining party and vegetation owner shall each pay 50 percent of the cost for the lowest bid of the initial corrective action, except when special extenuating circumstances exist, the planning commission may determine that a different cost allocation is appropriate. Future maintenance of the vegetation, after the initial corrective action, shall be the responsibility of the vegetation owner. When there is more than one complaining party, the cost of the initial corrective action will be split evenly between the vegetation owner and all the complaining parties. [Ord. 2006-02, 2006].
8.16.140 Implementation of decision.
Within 30 days after the view restoration permit takes effect, the vegetation owner will obtain at least two bids for the prescribed work from an arborist and shall present the bids to the complaining party. Within 15 days after presentation of the bids, the complaining party shall deposit with the vegetation owner 50 percent (or other allocation as determined by the planning commission) of the amount of the lowest bid. The vegetation owner shall, at his/her sole discretion, choose the company by which he/she wishes the work done, but the complaining party is only responsible for his/her share of the costs of the lowest bid. The vegetation owner shall order the work done within 15 days after receiving the claimant’s deposit. The vegetation owner shall pay the remainder of the bid amount of the company he/she has chosen. The authorized work of correction shall be done by an arborist under the sole direction and control of the vegetation owner. [Ord. 2006-02, 2006].
8.16.150 Appeals.
Appeals shall be in accordance with TMC 17.72.100. [Ord. 2006-02, 2006].
8.16.160 Enforcement and penalties – Public nuisance declared.
Because the maintenance of views benefits the general welfare of the entire city, vegetation, other than dedicated trees, which is determined to unreasonably obstruct views and which is not corrected in a timely manner, or which is not maintained as required in a view restoration permit, or hedges that exceed the height limitations set forth in TMC 17.56.110 are hereby declared public nuisances in accordance with TMC 8.12.040 and subject to the city’s nuisance abatement procedures as set forth in Chapter 8.12 TMC.
To initiate the nuisance abatement process, the complaining party shall notify the city in writing regarding an alleged violation. If a nuisance is determined to exist, as part of the nuisance abatement process, a maintenance agreement adequate to maintain the vegetation shall be enacted. It shall be recorded on the deed of the vegetation owner and made to run with the land in order to avoid future nuisance abatement. [Ord. 2006-02, 2006].
8.16.170 Liabilities.
A planning commission decision on a view restoration permit shall not create any liability of the city with regard to the restorative actions to be performed.
Failure of the city to enforce provisions of this chapter shall not give rise to any civil or criminal liabilities on the part of the city. [Ord. 2006-02, 2006].
8.16.180 Limitations.
It is not the intent of the city in adopting this chapter to affect obligations imposed by an existing easement or a valid pre-existing covenant or agreement. [Ord. 2006-02, 2006].
8.16.190 Severability.
If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such a decision shall not affect the validity of the remaining portions of this chapter. [Ord. 2006-02, 2006].
8.16.200 Effective date.
This chapter shall become effective 30 days after the date of its enactment. [Ord. 2006-02, 2006].