Title 12 TREES AND VEGETATION
Chapter 12.08 PROHIBITIONS ON MAINTAINING UNDESIRABLE VEGETATION
12.08.010 Infected or infested woody vegetation on private property.
12.08.020 Fallen or dangerous trees on private property.
12.08.025 Vegetation not to obscure intersection.
12.08.030 Vegetation not to obstruct sidewalks or traffic.
12.08.040 Noxious growths.
12.08.050 Uncontrolled growth of vegetation on vacant lots.
12.08.060 Uncontrolled growth of lawns on private property.
12.08.070 Notice to correct prohibited conditions.
12.08.010 Infected or infested woody vegetation on private property.
A person who maintains on private property woody vegetation found to be
infected with a fungus, virus, bacterium, or other pathogen or found to be
infested with insects or other parasites which, due to such infection or
infestation, may cause damage to other woody vegetation or may pose a threat to
persons or the property of others commits a Class C municipal infraction. (Ord.
2003-40 (part), 2004)
12.08.020 Fallen or dangerous trees on private property.
A. No person shall permit a tree or tree part, dead or alive (including a
stump displaced from the ground), to stand on private property if it is
hazardous.
B. No person shall maintain a fallen tree, brushwood, or part of
a fallen tree on private property that constitutes a harborage place for vermin
or disease.
C. A violation of this section is a Class C municipal
infraction. (Ord. 2003-40 (part), 2004)
12.08.025 Vegetation not to obscure intersection.
A. Vegetation taller than 3’ above a street surface, except an urban
forest tree, is not permitted within 20’ of the corner of a property
located at an intersection of 2 streets. If the vegetation is located on top of
a retaining wall, the retaining wall is considered part of the
3’.
B. A violation of this section is a Class D municipal infraction.
(Ord. 2003-40 (part), 2004)
12.08.030 Vegetation not to obstruct sidewalks or traffic.
A person who permits any vegetation on private property to encroach on,
impede vehicular or pedestrian passage upon, or to overhang within 8’
above any street or sidewalk, or obstruct any traffic control device commits a
Class D municipal infraction. (Ord. 2003-40 (part), 2004)
12.08.040 Noxious growths.
A. No person shall maintain on private property poison ivy (Rhus radicans
or Toxicodendron radicans), poison oak (Rhus toxicodendron or Toxicodendron
quercifolium), poison sumac (Rhus vernix or Toxicodendron vernix), ragweed
(Ambrosia artemisiifolia) or similar vegetation. Failure to make continued good
faith efforts to eradicate such vegetation in accordance with Department
regulations is a Class D municipal infraction. The City shall not maintain such
vegetation in City parks but shall not be required to remove such vegetation
from any City property designated as an open space.
B. All persons must
control the growth of bamboo, kudzu-vine (Pueraria lobata), non-native
honeysuckle, wisteria, multi flora rose (Rosa multifiora) or other vines or
vegetation that may damage trees, native vegetation, or structures. Allowing
vines to reach the limbs of trees is a violation of this subsection. Failure to
make continued good faith efforts to control the growth of such vegetation in
accordance with Department regulations is a Class D municipal
infraction.
C. No person shall allow any vine or vegetation listed in
subsections (A) and (B) of this section or any other vine or vegetation that may
cause a threat to public safety or damage to trees, structures, or native
vegetation to spread to an adjoining property over the objection of the
adjoining property owner. Failure to make continued good faith efforts to
control such growth in accordance with Department regulations is a Class C
municipal infraction. (Ord. 2003-40 (part), 2004)
12.08.050 Uncontrolled growth of vegetation on vacant lots.
A. The owner of a vacant lot that does not have at least 60% tree cover is
required to keep the natural non-woody vegetation on the lot to within 10”
of the ground.
B. A violation of this section is a Class D municipal
infraction. (Ord. 2003-40 (part), 2004)
12.08.060 Uncontrolled growth of lawns on private property.
A person who allows 30% or more of a lawn to reach or exceed the height of
10” commits a Class D municipal infraction. (Ord. 2003-40 (part),
2004)
12.08.070 Notice to correct prohibited conditions.
A. Whenever any condition prohibited by Sections 12.08.010 through
12.08.070 is found within the City, the City Manager shall give notice to the
owner or occupant of the property or the person responsible for such condition
to correct such condition within such reasonable time as may be specified in
such notice.
B. If any person fails or refuses to correct or abate any
prohibited condition after receipt of notice pursuant to subsection (A) of this
section, such condition may be corrected by the City at the expense of the
person named in such notice. Correction or abatement by the City shall not
prevent or excuse any prosecution of the person responsible for the condition
abated by the City. (Ord. 2003-40 (part), 2004)
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