Chapter 12.08
PROHIBITIONS ON MAINTAINING UNDESIRABLE VEGETATION
Sections:
12.08.010 Infected or infested woody vegetation on private property.
12.08.020 Fallen or dangerous trees on private property.
12.08.025 Vegetation not to obscure intersection.
12.08.030 Vegetation not to obstruct sidewalks or traffic.
12.08.050 Uncontrolled growth of vegetation on vacant lots.
12.08.060 Uncontrolled growth of lawns on private property.
12.08.070 Notice to correct prohibited conditions.
12.08.010 Infected or infested woody vegetation on private property.
A. A person who maintains on private property woody vegetation found to be infected with a fungus, virus, bacterium, or other pathogen or found to be infested with insects or other parasites which, due to such infection or infestation, may cause damage to other woody vegetation or may pose a threat to persons or the property of others commits a Class C municipal infraction.
B. The City Manager may promulgate regulations requiring certification of proper disposal of infested trees to prevent the spread of infestation. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.08.020 Fallen or dangerous trees on private property.
A. No person shall permit a tree or tree part, dead or alive (including a stump displaced from the ground), to stand on private property if it is hazardous.
B. No person shall maintain a fallen tree, brushwood, or part of a fallen tree on private property that constitutes a harborage place for vermin or disease.
C. A violation of this section is a Class C municipal infraction. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.08.025 Vegetation not to obscure intersection.
A. Vegetation taller than three feet above a street surface, except an urban forest tree, is not permitted within 20 feet of the corner of a property located at an intersection of two streets. If the vegetation is located on top of a retaining wall, the retaining wall is considered part of the three feet.
B. A violation of this section is a Class D municipal infraction. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.08.030 Vegetation not to obstruct sidewalks or traffic.
A person who permits any vegetation on private property to encroach on, impede vehicular or pedestrian passage upon, or to overhang within eight feet above any street or sidewalk, or obstruct any traffic control device commits a Class D municipal infraction. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.08.040 Noxious growths.
A. No person shall maintain on private property poison ivy (Rhus radicans or Toxicodendron radicans), poison oak (Rhus toxicodendron or Toxicodendron quercifolium), poison sumac (Rhus vernix or Toxicodendron vernix), ragweed (Ambrosia artemisiifolia) or similar vegetation. Failure to make continued good faith efforts to eradicate such vegetation in accordance with Department regulations is a Class D municipal infraction. The City shall not maintain such vegetation in City parks but shall not be required to remove such vegetation from any City property designated as an open space.
B. All persons must control the growth of invasive species or other vines or vegetation that may damage trees, native vegetation, or structures, including, but not limited to, bamboo, kudzu-vine (Pueraria lobata), nonnative honeysuckle, wisteria, and multiflora rose (Rosa multiflora). Allowing vines to reach the limbs of trees is a violation of this subsection. Failure to make continued good faith efforts to control the growth of such vegetation in accordance with Department regulations is a Class D municipal infraction.
C. No person shall allow any vine or vegetation prohibited in subsections (A) and (B) of this section or any other vine or vegetation that may cause a threat to public safety or damage to trees, structures, or native vegetation to spread to an adjoining property over the objection of the adjoining property owner. Failure to make continued good faith efforts to control such growth in accordance with Department regulations is a Class C municipal infraction. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.08.050 Uncontrolled growth of vegetation on vacant lots.
A. The owner of a vacant lot that does not have at least 60% tree cover is required to keep the natural nonwoody vegetation on the lot to within 10 inches of the ground.
B. A violation of this section is a Class D municipal infraction. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.08.060 Uncontrolled growth of lawns on private property.
A person who allows 30% or more of a lawn to reach or exceed the height of 10 inches commits a Class D municipal infraction. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)
12.08.070 Notice to correct prohibited conditions.
A. Whenever any condition prohibited by Sections 12.08.010 through 12.08.060 is found within the City, the City Manager shall give notice to the owner or occupant of the property or the person responsible for such condition to correct such condition within such reasonable time as may be specified in such notice.
B. If any person fails or refuses to correct or abate any prohibited condition after receipt of notice pursuant to subsection (A) of this section, such condition may be corrected by the City at the expense of the person named in such notice. Correction or abatement by the City shall not prevent or excuse any prosecution of the person responsible for the condition abated by the City. (Ord. 2020-22, 2020/Ord. 2003-40 (part), 2004)