Chapter 9.36
VEGETATION – PUBLIC NUISANCE
Sections:
9.36.010 Tree roots interfering with sewer and water.
9.36.030 Responsibility for repairs, abatement, and removal.
9.36.010 Tree roots interfering with sewer and water.
It is unlawful for any person or entity, owning or possessing any lot, piece, tract or parcel of land within the corporate limits of the city, to suffer or permit to grow thereon any tree, plant, hedge, or shrubbery of any kind whatsoever, the roots of which interfere with or obstruct the public sewer or water system of the city or either or both or any portion thereof, and whenever the roots of any tree, plant, hedge, or shrubbery of any kind whatsoever growing upon any lot, piece or parcel of land within the limits of the city interfere with or obstruct the public sewer or water systems of the city or either or both or any portion thereof from the private property to the sewer or water main line and from the private property onto or within the public sewer or water line of the city, the same shall constitute a public nuisance. (Ord. 1197 § 1, 2024; Ord. 217 § 1, 1921).
9.36.020 Abatement procedure.
Whenever the roots of any tree, plant, hedge or shrubbery of any kind whatsoever, growing upon any lot, tract, piece or parcel of land within the limits of the city, interfere with or obstruct the public sewer or water systems of the city or either or both or any part thereof, the city council may by order or resolution determine and declare the same to be a nuisance, and order the maintenance superintendent of the city to repair, abate, and remove the same; provided, that before the maintenance superintendent shall repair, abate, and remove such nuisance, the maintenance superintendent shall notify the owner, if known, of the property upon which said nuisance is situated to repair, abate, and remove the same. In case of the property owner’s failure so to do within five days from the date of said notice, it is lawful for the maintenance superintendent of the city to go upon said premises and repair, abate, and remove the same; provided, further, that in the event that the owner of the property is unknown, or that the owner’s address is unknown, then it shall be sufficient notice to post a copy of said order or resolution so declaring such nuisance upon the property upon which the same is located, and if the nuisance is not repaired, abated, and removed within five days from the date of the posting of the order or resolution, it shall be lawful for the maintenance superintendent to go upon said premises and repair, abate, and remove such nuisance. Notwithstanding anything to the contrary, if city council makes a finding that waiting five days is likely to result in further damage to the sewer or water line or that such waiting increases a risk to the public health or public safety, then city council may shorten the five-day period or eliminate it. (Ord. 1197 § 1, 2024; Ord. 217 § 2, 1921).
9.36.030 Responsibility for repairs, abatement, and removal.
The responsibility for the repair, abatement, and removal of the obstruction to the sewer and water line from the private property to the city mainline is that of the property owner regardless of whether or not the property owner or the city repairs, abates, or removes the nuisance. Additionally, all repair costs, abatement, and removal to the public sewer or water system of the city, when such is caused by roots originating on the property owner’s property, shall be the responsibility of the property owner.
The repair, abatement, and removal of the nuisance shall be performed by a licensed contractor, approved by the city, should the property owner elect to perform the work. All costs associated with the city’s attempts and actual repairs and removal by the city or a third party shall be the responsibility of the property owner. Failure by the property owner to pay the costs of the repair, abatement, and removal within 14 days of being presented with an invoice from the city provides the city all legal remedies, including but not limited to a lien on the property, collection costs, court costs, and attorney fees. (Ord. 1197 § 1, 2024).