2006-10-23 Council Agenda - Laserfiche WebLink

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Julie Feier Draft 3 Page 10 10/20/2006 Section 12.08.080 Duty of private property owners relating to decayed, diseased or hazardous trees and shrubs; appeals. a. Every owner of any Private Tree overhanging any street or right of way within the City shall prune such tree so that branches shall not severely obstruct the light from a street light or obstruct the view of any street intersection. The minimum clearance of any overhanging portion of a tree shall be nine feet, except where greater clearance is designated by the City Forester. Every owner shall remove all dead, decayed, diseased or hazardous Private Trees which may endanger any person or adjacent property. b. When in the opinion of the City Forester that there is an actual and immediate danger from any dead, decayed, diseased or hazardous Private Trees upon private property, the City Forester shall have the right to: i. prune any tree or shrub when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign or sight triangle at intersections. ii. remove or cause to be removed any dead or diseased tree when such tree constitutes a hazard to life and/or property, or harbors insects or disease which constitutes a potential threat to other trees within the City. The City Forester shall notify in writing the owners of such trees. Such notice shall include written instructions setting out the appeals process. Pruning or removal, as the case may be, shall be done by said owners at their expense within thirty (30) days after the date of service of notice. To appeal City Forester action pursuant to this subsection, please see Section 12.08.030(B)(8). In the event of failure of owners to comply with this provision, the City shall have the authority to remove or prune such trees and charge the cost of said removal or pruning shall be assessed to the owner as provided by law in the case of special assessments. Such a special assessment shall be certified by the City Forester to the Director of Finance and shall thereupon become and be a lien upon the property until paid. No tree or tree limb which has been cut down or which has fallen or been broken down, shall be permitted to be removed to, to remain in, or upon any public property, or so near thereto as to endanger any person thereon, and it shall be the duty of the private property owner to cause the same to be promptly removed, and it shall be unlawful for any such owner to fail so to do. c. Emergencies: When in the opinion of the City Forester there is an actual and immediate danger from a decayed, diseased or hazardous tree or shrub which would endanger any person or property, or when any tree or part thereof has fallen and any person or property is endangered thereby, the City Forester is authorized and empowered to take such action as may be necessary to render the tree, shrub, or part thereof temporarily safe whether or not the notice procedure in this section has been