Chapter 12.28
TREES AND SHRUBS
Sections:
12.28.010 Right of City to remove harmful trees.
12.28.020 Determination and removal of harmful trees.
12.28.030 Removal at owner’s expense.
12.28.040 Removal of trees for street widening.
12.28.050 Permit required to plant trees near streets.
12.28.060 Duty of owner to remove harmful vegetation.
12.28.080 Refusal of owner to remove – Lien.
12.28.090 Obstructions at intersections.
12.28.100 Obstructions at intersections – Exceptions.
12.28.110 Obstructions at intersections – Removal notice.
12.28.120 Obstructions at intersection – Refusal to remove – Lien.
12.28.010 Right of City to remove harmful trees.
The City shall have the right to remove any and all trees which have caused and are causing damage to sidewalks within the City and such trees as it appears evident and certain will damage existing sidewalks or proposed new sidewalks to be constructed. This provision shall apply to trees now located and planted in and upon any street or highway within the City where damage to sidewalks has been and is being caused by said trees and also to trees planted upon private property adjacent to or abutting upon sidewalks, where damage to sidewalks has been or is being caused by said trees. [1956 Code § 9-401, § 2.]
12.28.020 Determination and removal of harmful trees.
A. The City Superintendent shall have the right to determine what particular trees, located either in or upon public streets or in or upon private property, have caused and are reasonably certain to cause damage to existing or contemplated sidewalks. Thereupon, the owner of the adjacent or abutting property shall be notified in writing of the intention of the City to remove said trees or to remove sufficient portions of the roots of said trees so as to prevent further continuing damage to the sidewalks.
B. Thereupon, and for a period of 30 days after the written notice is given, the owner of the adjacent or abutting property shall have the privilege of saving the trees from being removed by repairing the damaged sidewalks and paying the cost thereof, and by assuming all future damage to sidewalks caused by trees which are left standing at the property owner’s request. At the expiration of the 30-day period, in the event the abutting property owner has not repaired and rebuilt the sidewalk damage caused by the trees, the City shall thereupon be authorized to remove the trees and without any liability whatever to the adjacent and abutting property owner. [1956 Code § 9-401, § 3.]
12.28.030 Removal at owner’s expense.
Any trees located upon private property and removed by the City for the reason and necessities stated in this chapter shall be removed at the expense of the owner of the property. [1956 Code § 9-401, § 4.]
12.28.040 Removal of trees for street widening.
The City shall, at all times, have the right to remove any and all trees located upon any streets or alleys within the City when it becomes necessary to widen and improve the travel areas of streets or alleys in the interest of safety and efficiency, or to utilize the entire area of streets or alleys, as platted, for the municipal purpose, and without any liability to any abutting property owner. [1956 Code § 9-401, § 5.]
12.28.050 Permit required to plant trees near streets.
It is unlawful for any property owner in the City to plant any tree within six feet of any street without a permit from the City Superintendent. This provision is declared to be expedient to prevent unnecessary future damage to sidewalks in the City. [1956 Code § 9-401, § 6.]
12.28.060 Duty of owner to remove harmful vegetation.
The owner of any property within the City upon which any tree, plant, shrub or vegetation, or any part thereof grows in any way so as to overhang any public sidewalk or street or which tends to impair or obstruct the free and full use of any sidewalk or street, or grows in such a manner as to interfere with, break, damage or destroy any water pipeline or sewer line, and the owner of any property upon which grass, weeds, shrubs, trees or other vegetation is growing or has grown and died and which constitutes a fire hazard shall be required to remove such tree, shrub, vegetation or part thereof upon notice as prescribed by this chapter. [1956 Code § 9-701, § 1.]
12.28.070 Notice.
The notice as required by this chapter shall be in writing and shall be given to the owner of any premises affected, as stated in SMC 12.28.060, by the City Council. Such notice shall describe the property involved and the hazardous condition and shall require the owner to remove such hazardous condition, or destroy such tree, shrub or vegetation as described therein, within not more than 10 days from the date notice is served upon the owner. Service of notice shall be made in person or by United States Mail addressed to the owner of such premises at his last known address. [1956 Code § 9-701, § 2.]
12.28.080 Refusal of owner to remove – Lien.
In the event the owner of such premises fails or refuses to remove such obstruction within the time stated in this chapter, the City Council may by resolution direct the removal thereof. Upon such removal, the actual cost thereof shall be a charge against the owner of the premises and a lien against the property. Notice of the lien created under this chapter shall be substantially in the same form as liens for labor and material under the laws of the State and shall be filed with the County Auditor within the same time and shall be foreclosed and enforced in the same manner and time as provided by the laws of the State for such liens for labor and materials. [1956 Code § 9-701, § 3.]
12.28.090 Obstructions at intersections.
A. On property at any corner formed by intersecting streets, it is unlawful to install, set out, or maintain, or to allow the installation, setting out, or maintenance of, or to permit any sign, hedge, trees, shrubbery, natural growth or other obstruction to view to be higher than three feet above the level of the center of the adjacent intersection within the area bounded as follows: Beginning at the center of the intersection of the adjacent streets, which center is referred to as “initial point”; thence commencing at said initial point and continuing toward and along the centerline of one of said adjacent streets a distance equal to the width of said last mentioned street (at its said intersection) extended an additional 30 feet to a point, which point is hereafter referred to as “point of beginning”; thence in a straight line to a point located on the centerline of the other said adjacent street, which point is located from such initial point a distance equal to the width of said last mentioned street (at its intersection with the first mentioned adjacent street) extended an additional 30 feet; thence in a straight line to said point of beginning.
B. As an alternative to the designation of sight triangle stated in subsection (A) of this section, if the City determines appropriate in any case, the designation of appropriate sight triangle may be established according to guidelines for sight triangles at intersections pursuant to the then-current edition of the AASHTO Policy on Geometric Design of Highways and Streets. [Ord. 2116 § 2, 2005; 1956 Code § 9-701, § 4.]
12.28.100 Obstructions at intersections – Exceptions.
SMC 12.28.090 shall not apply to permanent buildings; public utility poles; trees trimmed to the trunk to a line at least seven feet above the level of the intersection; saplings or a plant species of open growth habits not planted in the form of a hedge, which are so planted and trimmed as to leave at all seasons a clear and unobstructed cross view; supporting members of appurtenances to permanent buildings existing on the date this chapter becomes effective; official warning signs or signals to places where the contour of the ground is such that there can be no cross visibility at the intersection; or to signs mounted 10 feet or more above the ground and whose supports do not constitute an obstruction as defined in SMC 12.28.090. [1956 Code § 9-701, § 5.]
12.28.110 Obstructions at intersections – Removal notice.
The owner of any property affected as stated in SMC 12.28.090 or 12.28.100 shall be required to remove such obstructions or make the necessary corrections on the property affected as required by notice as follows: Such notice shall describe the property involved, the conditions constituting the violation, the necessary action to be taken to correct such conditions, and the limit of time in which the corrections must be made, no such time limit being less than 10 days from the date the notice is served upon the owner. Service of notice shall be made in person or by United States mail, addressed to the owner of the affected premises at his last known address. [1956 Code § 9-701, § 6.]
12.28.120 Obstructions at intersection – Refusal to remove – Lien.
In the event the owner of such premises fails or refuses to make the corrections as prescribed in this chapter, the City Council may, by resolution, direct the performance of the necessary corrective measures. Upon such action, the actual costs thereof shall be charged against the owner of the premises and shall become a lien against the property. Notice of the lien shall be substantially in the same form as liens for labor and material under the laws of the State and shall be filed with the County Auditor within the same time and shall be foreclosed and enforced in the same manner and time as provided by the laws of the State for such liens for labor and material; provided, however, that no other notice shall be required other than the notice provided for in this chapter. [1956 Code § 9-701, § 7.]