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Home My WebLink About1271 Ordinance' � .' • • • •. • • t '� ,.1 a • f D' �f ORDI*NANCE NO.— 1271 AN -ORDINANCE REGULATING THE PLANTING, MAINTENANCE! PROTECTION, CONTROL AND REMOVAL OF TREES IN; NEAR AND UPON THE PUBLIC STREETS, ALLEYS, SIDEWALKS, SEWERS AND OTHER PUBLIC PLACES; PROHIBITING ENCROACHMENT THERE- ON OF GRASS , WEEDS, BUSHES, SHRUBS, PLANTS, TREES, OVER- HANGING BRANCHES, AND OTHER VEGETATION WHICH OBSTRUCT THE VIEW AND PREVENT FREE USE THEREOF FOR PUBLIC PURPOSES WHICH MAY CONSTITUTE A HAZARD; DECLARING SUCH OBSTRUC- TION TO BE A NUISANCE; PROVIDING FOR THE REMOVAL OR ABATE- MENT THEREOF; PROVIDING FOR APPEALS FROM ORDER OF ABATE- MENT; AND PRESCRIBING PENALTIES. WHEREAS, it is hereby declred that the preservation and development of the beauty of nature is essential to the progress and growth of the City of Pasco; and WHEREAS, it is the policy of the City of Pasco to plant and maintain and to encourage, the planting and maintenance of desirable street trees and other plant- ings to enhance the beauty of the community and for the. health, welfare and safety of its citizens; and WHEREAS, The Council has become more and more concerned with proper selection, location and care oftrees planted in parking strips to eliminate problems connected with adequate street illumination, safety to the community and preserva- tion of public utilities, and to provide the greatest aesthetic value; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS, FOLLOWS: Section. 1. Title: This ordinance shall hereafter be referred to and cited as the Street Tree Ordinance; Pasco, Washington. Section,2. Enforcing Authority: The Director of Public Works or his duly authorized representative shall be charged r with the enforcement of this ordinance. Section 3. Permission to Plant Trees: All trees or shrubs shall hereafter be planted in any public parking strip or other pub- lic place in the City only with permission of the Director of Public Works within 10 days prior to planting according to the provisions of this ordinance. No trees shall be planted within 20'. from another tree in parking strips, or planted within 25' of a street light. Trees planted under utility lines shall not exceed a maximum mature (1) J height of 25 feet. No trees, or shrubs over two feet in height shall be planted or maintained in that portion of any parking strip lying within 30' of the right-of-way line of any intersecting street. Section 4. Permission to Remove Trees. No trees over 4" in diameter atits base shall hereafter be removed in any'public* parking strip or other public place in the ;City of Pasco without permission from the Director of Public Works. Section S. Issuance of Permit. Upon approval of an application by the 7. Director of Public Works, the director shall issue a opermit for the work of remov- ing any trees lying�in a city parking strip or other public place. Section 6. Removal of Trees and Shrubs. The stumps and roots of trees or shrubs shall, be removed to a point at least one foot below the top of the adjacent curb or proposed curb grade, treating the remain- ing roots with a suitable compound to prevent future sprouting or growth. Any roots which have disrupted or broken the adjacent street, curb, or sidewalk shall be re- moved and. said 'street, sidewalk, or curb shall be repaired. The Director of Public Works may, with concurrence of the Chief of Police and Fire Chief, permit a street to be blocked for a short period of time where suit- able detours can be arranged and the public will not be unnecessarily inconvenienced. Section 7. Public Nuisance on Street -Prohibition of: Trees, plants, shrubs, or vegetation or parts thereof which so overhang any sidewalk or "street or alley, or which are growing thereon in such manner as to obstruct or im- pair the free and full use of the sidewalk, or street or alley by the public are public nuisances. Grass, weeds, shrubs, bushes, trees, or vegetation growing or which has grown and died upon any property and are a fire hazard or a menace to public health, safety, or welfare are likewise public nuisances. It is the duty of the owner of the property wherein or whereon any such nuisance exists to abate the nuisances by destroying, removing, or trimming the growth. (2) s Section 8. Permit Required; Approval Prior to Issuance: It shall be unlawful for any person to plant, or allow to be planted in a public right-of-way, pedestr.ianzright- of -way or pedestrian easement, any tree, shrub or plant without first obtaining a permit from the City at least ten (10) days prior to planting.. The type, location, spacing, and number of trees, shrubs or plants shall be approved by the Director of Public Works prior to the issuance of the permit. Section 9. Removal or Abatement of Nuisance: The Director of Public Works shall enforce this ordinance, and if any property owner fails or refuses to abate any such nuisance as contemplated by Section 7 hereof, the City Council may, after report filed by the Director, by resolution require such property owner, in addition or alternative to the penalties prescribed by Section 13 hereof, to abate the nuisance by removal or destruction, at his cost and expense within = a time specified in the resolution; and if the removal or destruction is not made by such owner within the time specified, the Director may abate the same as provided in Section 12 of this ordinance. Section 10. Notice of Resolution to Abate Nuisance: The resolution mentioned in Section 9 hereof shall not be passed until the property owner is given at least 30 days' notice of the pendency of the proposed resolution; such notice shall be given by the Director by mailing a copy of the notice to the owner as shown upon the records of the County Treasurer and at the address shown thereon; and if no owner and address is shown on such records, a copy of the notice shall be posted upon the property, and shall also be published in one issue of the of- ficial newspaper. The mailing, posting, and publication shall be made at least 30 days before the resolution is adopted and proof shall be made by affidavit (:kthe Di- rector filed with the City Clerk. The Notice shall describe the property involved and the nature of the hazardous condition constituting the nuisance. (3) Section 11. Abuse or Mutilation "of Trees: Except to abate a nuisance as' defined, herein, it shall be a violation of this ordin- ance to damage, destroy, or mutilate any tree, shrub, or plant in a .public parking strip or any other public place, or, to attachor, place any rope or wire, (other than one used to support a young or broken tree) sign, poster, handbill, or other thing to or on any tree growing in a public place, or to -cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid, or solid substance which is harmful to such trees to come in contact with their roots or leaves. Providing, however, that nothing contained herein shall preclude either the owner or occupant,.of real property from. trimming or, removing trees, shrubs, and plants in the parking strip of such real property, according to the provisions of this ordinance. Section 12. Abatement of Nuisance and Lien Therefor: If the nuisance is not abated by removal or destruction by the property owner within the time fixed in the resolution, the Director may abate the same and he shall render a bill covering the cost of such abatement, including the engineer's expense, and mail the bill immediately; or if no bill is rendered because the owner cannot be found, the Director, in the name of the City, may file a lien therefor against said property which lien shall be in the same form, filed with the same officer and within the same time and manner and enforced and foreclosed as. is provided 'by law for liens for labor and material. Section 13. Penalty: Violation of or failure to comply with.any of the provisions of this ordinance shall be subject to a fine in any sum not to exceed three hundred dollars ($300.00), or to imprisonment in the City jail for a period not exceeding ninety (90) days, or both such fine and imprisonment, in the discretion of the Court. (4) Section 14. Remedies Not Exclusive: The remedies prescribed herein are in addition to all other remedies provided or authorized" by law. Section 15. Conflict: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 16. Validity: Should any section, sub -section, paragraph, sentence, clause, or phrase of this ordinance be declared unconstitutional:or invalid for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 17 , Effective Date:- This ate:This ordinance shall go into effect thirty (30) days from the time of its final passage. PASSED by the Council and APPROVED by the Mayor this 21 day March Of 1967. G. E. Carter, Mayor