Overhanging Vegetation

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Last Updated on Thursday, 08 January 2015 15:42

 

Overhanging Vegitation

Chapter 11.48

 

Trees and Shrubs

 Sections:

 11.48.010 Trees prohibited on right-of-way.

 11.48.030 Violations--Penalty.

11.48.010 Trees prohibited on right-of-way.

 No tree, bush, or shrub shall be planted or transplanted within the  right-of-way of any street within the City, except with the approval of the Director of Public Services. Such approval may be granted after ascertaining that the type of planting and its location will not then or in the foreseeable future obstruct safe vision of vehicle drivers or pedestrians, nor adversely affect the safe passage of either, or interfere with any sidewalk, driveway, or utility. The approval of the Director of Public Services will not relieve a person responsible for complying with the requirements set forth in Chapter 11.50 (pertaining to sidewalk and pedestrian clearance areas) and 17.35.020(3) (pertaining to vision clearance areas at intersections) from such compliance. (Ord. 87-41§1, 1987; Ord.B-105§2, 1973).

 11.48.030 Violations--Penalty.

 Any person, firm, or corporation violating any of the provisions of this Chapter shall be deemed to have committed a civil infraction and shall be fined in an amount not to exceed five hundred dollars for each violation. Each day in which a violation shall continue shall be deemed a separate offense. In lieu of a court appearance, any person or entity charged with having committed a civil  infraction may forfeit to the city the sum of fifty dollars for each such violation. (Ord.99-39§8, 1999; Ord. 81-68 § 1(part), 1981; Ord. A-410§4, 1960).

 
Chapter 11.50

 

Sidewalk Clearance Areas and Pedestrian Clearance Areas

 

Sections:

 11.50.010 Definitions.

 11.50.020 Owner's duty with reference to clearance areas.

 11.50.030 Removal and notice.

 11.50.040 Hearings on contested cases of liability.

 11.50.050 Entry upon property.

 11.50.060 Fees for performance of enforcement.

 11.50.070 General duty.

 11.50.075 Penalty.

 11.50.080 Severability.

 11.50.010 Definitions.
For the purposes of this Chapter, the following words and phrases shall have the following meanings unless a different meaning is plainly required by their context.

 (1) "Agent" means any person acting for the owner of, or in charge of real property abutting a public street right-of-way upon which is located a sidewalk clearance area or a pedestrian clearance area.

 (2) "New Construction" means all construction of new buildings for which the City issues building permits after January 1, 1988, but does not include remodeling of buildings after January 1, 1988, if the square footage as measured at the perimeter of a building is not increased by such remodeling.

 (3) "Owner" means the person in actual control of real property abutting a public street right-of-way upon which is located a sidewalk clearance area or a pedestrian clearance area, when such control is based on legal or equitable title entitling the owner to possession of the real property abutting a public street right-of-way upon which is located a sidewalk clearance area or a pedestrian clearance area.

 (4)"Pedestrian Clearance Area" means an area within a public street right-of-way which does not have a sidewalk clearance area. The pedestrian clearance area is described as that area which is contiguous and parallel to the street side of a curb or the edge of the paved surface of a street which extends at a right angle therefrom away from the center of the street for a distance of five feet or to the edge of the street right-of-way whichever is less and is bounded: (a) on the street side of a curb or the edge of the paved surface by a line extending vertically upward seven feet above the curb or the edge of the paved surface of a street; (b) thence on the top by a line which is seven feet vertically above grade at all points and which begins at the terminus of the line described in (a) and extends perpendicularly away from the centerline of the street a horizontal distance of five feet or to the edge of the street right-of-way whichever is less; (c) thence on the side farthest from the center of the street by a line extending vertically downward from the end of the line described in (b) to the ground surface below; (d) thence on the bottom by a line extending from the end of the line described in (c) along the natural or graded surface 255 (07/08) of the ground toward the center of the street and the beginning of the line described in (a).

 (5)"Person" means any individual, partnership, corporation, firm, the state or any department, agency, or subdivision thereof, or any other entity.

 (6)"Property boundary" means the line of legal ownership exterior to any enclosed structure at ground surface, which separates the real property owned, rented, or leased by one or more persons from that owned, rented, or leased by one or more other persons, and its vertical extension. The property boundary of multi-family units including, but not limited to, duplexes, triplexes, apartment houses, and condominiums shall include the walls, ceilings, and floors of each unit.

 (7)"Sidewalk Clearance Area" means an area seven feet in height above the surface of a paved sidewalk located in a public street right – of - way which area is bounded on each of the two vertical sides by vertical lines extended upward from the surface of the sidewalk at its innermost and outermost edge from the center of a paved street fora distance of seven feet. (Ord. 87-39§1, 1987).

 11.50.020 Owner's duty with reference to clearance areas.

 It shall be the duty of every owner, and every owner shall perform or cause to be performed such acts as may be necessary to remove or destroy:

 (1) all trees, plants, shrubs, or vegetation, or parts thereof, whether growing or dead, which overhang when not ladden with snow or ice into a sidewalk clearance area or in the case of new construction a pedestrian clearance area. Provided, however, that trees and their replacements planted in sidewalk clearance areas located in Local Improvement District No. 183 need not be removed or destroyed, but the limbs and leaves thereof shall not grow into a sidewalk clearance area.

 (2)all vegetation whether growing or dead on the surface of a sidewalk clearance area which is growing or has grown and accumulated thereon in such a manner as to obstruct the free and full use of the sidewalk clearance area or the pedestrian clearance area by the public.

 (3)on property on which there is new construction all vegetation whether growing or dead on the surface of a pedestrian clearance area which is growing or has grown and accumulated thereon in such a manner as to obstruct 255 (07/08) the free and full use of the pedestrian clearance area by the public.  Lawn grasses growing on the surface of a pedestrian clearance area need not be removed or destroyed unless they are growing or accumulating thereon in such a manner as to obstruct the free and full use of the pedestrian clearance area by the public. Provided, however, that the provisions of subsections (1),(2), and (3) of this Section are supplemental and additional to any requirements set forth in 11.48.010 (pertaining to the planting or transplanting of any tree, bush, or shrub within the right-of-way of any public street), and 17.35.020(3) (pertaining to vision clearance areas at intersections).

 (4)The duty set forth in subsections (1), (2), and (3) of this Section is not intended to be a duty imposed by this Section 11.50.020 which would have the effect of regulating fences, utility poles, postal drop boxes, fire hydrants, traffic regulatory and other signs, and other structures in a sidewalk clearance area or a pedestrian clearance area although they may be regulated by other provisions of law applicable thereto. (Ord. 87-39§2, 1987).

 11.50.030 Removal and notice.

 If it appears to the Director of Public Services or his or her designated representative that any of the provisions of 11.50.020 are being violated, the Director of Public Services or his or her designated representative shall serve written notice either personally or by certified mail—return receipt requested upon the owner, or if the owner cannot be located, the agent having the care or control of the premises upon which the violation exists, which notice shall state:

 (1)the description of the property on which the alleged violation has occurred; and,

 (2)the specific nature of that violation; and,

 (3)the section or sections of this Chapter alleged to be violated; and,

 (4)the date by which the violating condition is to be abated, which date shall not be less than seven days after receipt of such notice by the alleged offender;

 and,

 (5)that if removal or destruction of the violating condition is not made by the owner or agent thereof within the time limit set forth as provided for in subsection (4) of this section, that then the Director of Public Services will 255 (07/08) bring this matter before the City Council, the date thereof to be specified  in the notice, and request of the City Council the passage of a resolution authorizing the Director of Public Services to cause the removal or destruction of the violation; and,

 (6) that should the Director of Public Services cause the removal or destruction of the violating condition, the cost thereof incurred by the City shall become a charge against the owner of the property and a lien against the property as provided for in RCW 35.21.310 as that section now exists or may hereafter be amended. (Ord. 98-31§1, 1998; Ord. 87 – 39 § 3, 1987).

 11.50.040 Hearings on contested cases of liability.

  Any owner who wishes to dispute the cost of control of trees, plants, shrubs, or vegetation in a clearance area which has been carried out pursuant to the provisions of this Chapter may request a hearing before the Director of Public Services. The owner or agent thereof shall file, with the Director of Public Services, a request in writing for a hearing within twenty days after the City has mailed the demand for payment to the owner. The hearing shall be conducted within thirty days after receipt of said request for hearing. The hearing shall be conducted informally and the formal rules of evidence shall not apply. The Director of Public Services shall listen to whatever witnesses the owner might wish to call and the Director of Public Services shall, at the conclusion of the hearing, determine whether or not the costs assessed were proper. Such determination shall be final unless that determination is appealed to a Court of competent jurisdiction within ten calendar days of the rendition thereof. (Ord. 87-39§4, 1987).

 11.50.050 Entry upon property.

 The Director of Public Services, or the designee(s) thereof, in the performance of his or her duties under this Chapter may go upon any public right-of-way within the City at any reasonable time for any reason necessary to effectuate the purpose of this Chapter, including but not limited to, general inspection, and the performance of eradication or control work. (Or d. 87-39§5, 1987).

 11.50.060 Fees for performance of enforcement.

 The City Council shall by resolution fix the fee or fees to be charged by the City to any owner in the event that the City performs any eradication, destruction, or removal services pur suant to the provisions of this Chapter. (Ord. 87-39 § 6, 1987).

 11.50.070 General duty.

 None of the provisions of this Chapter are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or failure to perform a duty or obligation running 255-3 (01/02) to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord.87-39§7,1988).

 11.50.075 Penalty.

 Any owner who fails or refuses to perform such acts as may be necessary pursuant to this Chapter shall be deemed to have committed a civil infraction and shall be fined in an amount not to exceed five hundred dollars for each violation.

 Each day in which a violation shall continue shall be deemed a separate offense. In lieu of a court appearance, any person or entity charged with having committed a civil infraction may forfeitto the city the sum of fifty dollars for each such violation. (Ord. 99-39§9, 1999).

 11.50.080 Severability.

 The provisions of this Chapter are declared to be severable. If any section, subsection, sentence, clause, or phrase of this Chapter or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, the remainder of the Chapter, shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. (Ord. 87-39§8, 1988).