Chapter 8.80 TREES AND SHRUBS

Chapter 8.80
TREES AND SHRUBS

Sections:

8.80.080 Summary removal of hazardous vegetation from public right-of-way.

The director of public works is authorized to trim or remove any shrub, tree, plant or other vegetation which grows or has grown and died within, along or above any public street, alley or sidewalk in such a manner so as to actually or potentially obscure any traffic-control sign or signal or so as to otherwise constitute an actual or potential hazard to persons on such public street, alley or sidewalk. Such trimming or removal is authorized without the necessity for prior notice to the owner or occupant of property adjacent to such public street, alley or sidewalk on which such shrub, tree, plant or other vegetation is growing or has grown; provided, such trimming or removal shall be performed only to the extent deemed necessary by the director of public works to abate an actual or potential traffic-control sign or signal obstruction or other actual or potential hazard to persons on such public street, alley or sidewalk; and provided further, the cost of trimming and removal work performed pursuant to the authority of this section shall not be charged to the owner of, nor constitute a lien against, the property on which any such shrub, tree, plant or other vegetation grows or has grown and died. (Ord. 2007-06 § 8, 2007: Ord. 1796 § 4, 1975).

8.80.200 Removal of street trees.

A. For the purposes of this section, the following words and phrases shall have the following meanings:

(1) Adjacent Property Owner. The owner of property subject to the public right-of-way.

(2) Director of Public Works. The person appointed or employed by the city as the director of the department of public works or their designee.

(3) Public Right-of-Way or Public Area. Land upon which the city of Yakima has the right to construct a street, sidewalk, or bicycle path; use for public utilities; landscape with plants or to carry out any other public purpose.

(4) Street Trees. Trees over four feet in height, measured from ground level to the top of the topmost branch, on land lying within rights-of-way on either side of all streets, avenues, alleys, or other public ways.

(5) Healthy Street Trees. Street trees that are not dead, diseased or dying.

B. The director of public works may authorize the removal of a healthy street tree when:

(1) The tree creates traffic safety concerns because it creates sightline (or traffic-control signage) obstructions;

(2) The tree interferes with power, telephone or cable lines or underground utilities;

(3) The tree must be removed because it has caused or is causing damage to sidewalks, streets or curbs;

(4) Removal is required to allow construction of a new driveway in accordance with an approved curb cut.

C. Whenever the director of public works authorizes the removal of a healthy street tree as herein provided, said authorization shall, whenever the location allows suitable space, be conditioned on the replacement, of said healthy street tree with a new tree or sapling of a species, planted in a manner and at a location approved by the director of public works. Removal of a street tree as herein provided shall also be conditioned on the removal of debris and stump(s) in a manner and at a time approved by the director of public works. All costs of removal and replacement shall be the responsibility of the party requesting removal.

D. The Yakima city council, at the request of the adjacent property owner, may authorize the removal of a healthy street tree when removal promotes the public welfare. (Ord. 2003-35 § 1, 2003).