Chapter 10.26
STREET TREE AND PLANTING STRIP MAINTENANCE
Sections:
10.26.020 Planting in planting strips – Permit required.
10.26.030 Protection of street trees.
10.26.040 Maintenance of planting strips.
10.26.050 Maintenance of unimproved rights-of-way.
10.26.060 Violations – Penalty.
10.26.010 Definitions.
As used in this chapter, the following definitions shall be applicable:
(1) “Director” for purposes of this chapter means the city manager, or his/her designee.
(2) “Improved right-of-way” means that strip of land dedicated and improved and developed to city standards for public use as a street or sidewalk.
(3) “Person” means any individual, association, partnership, corporation or legal entity, public or private, and includes the agents, contractors, and assigns of such person, including registered agents thereof.
(4) “Planting strip” means the portion of the right-of-way between the outside of the curb and the inside of the sidewalk or the portion of the right-of-way between the outside raised edge of the sidewalk and the inside of the sidewalk.
(5) “Right-of-way” means any and all public streets and property granted, reserved, held, or dedicated to public use for street purposes and/or for walkways, sidewalks, bikeways, horse trails, street ends or other uses, including all related air rights, subsurface rights, and access and use easements or licenses.
(6) “Street tree” means a tree existing within any planting strip.
(7) “Street” means an improved right-of-way.
(8) “Shrub” means any woody perennial plant, normally low, several-stemmed, adaptable to shaping, trimming and pruning without injury, within the area planted.
(9) “Tree” means a woody perennial plant that grows to a height of several feet and typically has a single erect main stem with side branches.
(10) “Unimproved right-of-way” means that strip of land which has been dedicated, but not developed or improved to city standards for public use as a street or sidewalk. (Ord. 1023 § 2 (Exh. A), 2021).
10.26.020 Planting in planting strips – Permit required.
No tree or shrub shall be planted in any planting strip until a right-of-way permit has been applied for and issued pursuant to Chapter 10.48 NPMC. (Ord. 1023 § 2 (Exh. A), 2021).
10.26.030 Protection of street trees.
No person shall, without a written permit from the director, do any of the following to any street tree:
(1) Cut, prune, rake, climb, injure or remove.
(2) Cut, disturb, or interfere in any way with the roots.
(3) Spray with any chemicals or insecticides.
(4) Place any rope, sign, poster or other fixture on such tree.
(5) Damage, injure, misuse or remove any device placed to protect such tree.
(6) Fasten a horse or other animal to such tree or cause a horse or other animal to stand so that the horse or animal could injure such tree.
(7) Place or hereafter maintain upon the ground of a street tree, stone, cement or other substance which shall impede the free passage of water and air to the roots of such tree, without leaving an open space of ground outside of the trunk of such tree in an area not less than 16 square feet.
(8) Pour salt water or other injurious liquid upon such tree.
(9) Attach any electric wire, insulator, or any device for the holding of an electric wire to such tree except as approved in writing by the director or city manager.
(10) Allow any wires charged with electricity to come in contact with such tree (unless specifically permitted in writing by the director or city manager), subject to the removal of the electrical wires to allow for the removal or pruning of the tree(s), shrub(s) or plant(s) as directed by the director.
(11) Interfere in any way with the health and maintenance of the tree. (Ord. 1023 § 2 (Exh. A), 2021).
10.26.040 Maintenance of planting strips.
(1) Except as provided in subsection (2) of this section, the owner or occupant of any real property abutting a sidewalk next to a planting strip, or directly abutting a planting strip, shall be responsible for maintaining the landscaping and/or grass-covered area of the planting strip in compliance with the applicable provisions of NPMC 7.88.020 and 14.40.195 including but not limited to keeping such property free of junk vehicles, debris, leaves, trash, junk and other substances.
(2) The city shall maintain any street tree in any planting strip in addition to maintaining the planting strips adjacent to the locations set forth below:
(a) 1st Ave. S. from 192nd to 200th; and
(b) 1st Ave. S. from 162nd to 174th. (Ord. 1023 § 2 (Exh. A), 2021).
10.26.050 Maintenance of unimproved rights-of-way.
It shall be the responsibility of the owner or occupant of any real property abutting an unimproved right-of-way to maintain the unimproved right-of-way in compliance with the applicable provisions of NPMC 7.88.020 and 14.40.195 including but not limited to keeping such property free of junk vehicles, debris, leaves, trash, junk and other substances. (Ord. 1023 § 2 (Exh. A), 2021).
10.26.060 Violations – Penalty.
(1) Criminal Penalties. Any violations of this chapter that may meet the criteria of a criminal act, such as theft, malicious mischief or other applicable crime, should be referred to the Normandy Park police department for investigation and charges. The penalties for such criminal act shall be that as set forth in the applicable laws of the Normandy Park Municipal Code or state of Washington.
(2) Civil Penalties. Any violations not otherwise determined to be a “criminal act” should be processed in accordance with NPMC Title 19. (Ord. 1023 § 2 (Exh. A), 2021).
10.26.070 Interpretation.
In the event any other city ordinance, whether or not codified, is in conflict with any of the terms of this chapter, the more stringent shall be construed as applicable. (Ord. 1023 § 2 (Exh. A), 2021).