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HomeMy WebLinkAbout3000 OrdinanceORDINANCE NO.300C) AN ORDINANCE relating to the use of improvement of public rights- of-way and amending PMC Chapter 12 12 renaming parking strips to planting strips WHEREAS, The City Council appointed a Residential Property Maintenance Standards Task Force that was charged with the responsibility of studying conditions within residential environments which adversely impact the welfare of residential neighborhoods, and, WHEREAS, the Residential Property Maintenance Standards Task Force determined that usage of public right-of-way generally situated between the curb face and sidewalks for the storage of vehicles and other items is visually unattractive, creates traffic and pedestrian safety problems, destroys vegetative ground cover thereby creating dust problems, endangers public improvements and perpetuates poor property maintenance, and, WHEREAS, the Planning Commission reviewed the Task Force recommendations through the public hearing process and recommended the City Council amend the Municipal Code to address the Task Force's recommendations, and, WHEREAS, the City Council has reviewed the recommendations of the Planning Commission and finds that said recommendations would further the general welfare of the community and address community concerns relative to substandard property maintenance, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DOES ORDAIN AS FOLLOWS 1 That PMC Section 12 12 030 is hereby amended to read as follows 12 12 030 ABUTTING PROPERTY The owner, occupant or person having control of any real property is responsible under this chapter for the condition and maintenance of all vegetation on that portion of the public right-of-way, herein after called the "planting strip", abutting the property such person owns, occupies or exercises control over except for the roadway The roadway is the paved, improved or proper driving portion of the highway designed or ordinarily used for vehicular travel This section also applies to the -undeveloped- public right-of-way as well as to developed public rights of way abutting pedestrian and bicycle trails and undeveloped public rights-of-way 2. That PMC 12 12 040 is hereby amended to read as follows 12 12 040 shrubs shall hereafter be planted and pruned in any public parking planting strip or other public place in the City only with permission of the Director within ten days prior to planting or pruning according to the provisions of this Chapter No trees -• . - • planting strips, or planted within twenty five feet of a street light Trees planted under utility lines shall not exceed a maximum mature height of twenty five feet No trees, or shrubs over two feet in height shall be planted or maintained in that the right of way line of any intersecting street The Director may require that trees planted in wide parking planting strips be aa result in narrowing of a parking planting strip, will not necessitate removal of such trees PERMISSION TO PLANT OR SUBSTANTIALLY PRUNE TREES OR SHRUBS All trees or shrubs hereafter planted or substantially pruned in any public right-of-way shall only be pruned or planted with permission of the Director No trees or shrub shall be planted within twenty- five (25) feet of any street light or utility pole No tree or shrub shall be planted under any utility line that when mature will interfere with "said" utility line No tree, or shrub which when mature will exceed a height of two (2) feet shall be planted or maintained on that portion of any right-of-way, "planting strip" lying within twenty-five feet of the right-of-way of any intersecting street 3. That new section 12 12 045 is hereby added to read as follows 12 12 045 SPECIES OF TREES AND LARGE SHRUBS PERMITTED The Director shall develop a list of trees and large shrubs for use in planting in public rights-of-way which he may update from time to time as needed Species permitted shall be from those species least likely to damage public improvements, jeopardize the safety of vehicle and pedestrian traffic, and pose a maintenance problem - 4 Ordinance No. 3000 Page 2 4. That a new PMC Section 12 047 is hereby enacted to read as follows 12 12 047 PLANTING STRIP USE AND IMPROVEMENT (a) All planting strips shall be maintained with lawns, trees, shrubs, living ground cover, or combination thereof and shall not be maintained with dead or dying vegetation and/or exposed soil Trees and shrubs will be permitted only in conformance with PMC 12 12 040 (b) The use of planting strips for the following purposes shall be prohibited 1 The parking or placement of any motor vehicle, recreational equipment, trailer, boat or camper, or 2 The placement or storage of any dead vegetation, building materials, mechanical parts or equipment, manufactured goods, or any other items not listed in subsection (a) above is prohibited 5. That PMC Section 12 12 050 is hereby amended to read as follows 12 12 050 PERMISSION TO REMOVE 0 R SUBSTANTIALLY PRUNE TREES No tree having a trunk of more than four (4) inches in diameter at its-19ase-shall-be-a point three (3) feet above ground level shall be substantially pruned or removed from any planting strip or other public place in the City without permission from the Director 6. That PMC Section 12 12 060 is hereby amended to read as follows 12 12 060 ISSUANCE OF PERMIT Upon approval of an application by the director, to plant, substantially prune and/or remove trees and shrubs, the Director shall issue a permit for the work of removing substantially pruning or planting any tree or shrubs lying in a city parking planting strip or other public place Ordinance No. 3ono Page 3 7. That PMC Section 12 12 070 is hereby amended to read as follows 12 12 070 REMOVAL OF TREES AND LARGE SHRUBS - PROCEDURE The stumps and roots of trees or shrubs shall be removed to a point at least one foot blow the top of the adjacent curb or proposed curb grade If necessary to prevent regrowth, treating the remaining roots shall be treated with a suitable compound an E P A approved substance to prevent future sprouting or growth Any roots which have disrupted or broken the adjacent street, curb or sidewalk shall be removed and said street, sidewalk or curb shall be repaired The Director may, with concurrence of the Chief of Police and Fire Chief, permit a street to be blocked for a short period of time where suitable detours can be arranged and the public will not be unnecessarily inconvenienced (Ord 1532 Sec 6, 1971) 8. That PMC Section 12 12 080 is hereby amended to read s follows 12 12 080 NUISANCE DECLARED - VIOLATION (a) All trees, plants, shrubs, grass, brush, weeds or other vegetation or part thereof, which overhang any sidewalk, trail, street or alley, or which are growing there in such a manner as to obstruct or impair the free and full use of the sidewalk, trail, street or alley by the public are public nuisances All trees, plants, shrubs, grass, brush, weeds growing or which have grown and died that are found upon any property and which are deemed a fire hazard or otherwise a menace to public health, safety, welfare or order are public nuisances (b) Weeds, brush or uncultivated vegetation growing or which having has grown generally in an area to a height of twelve (12) inches or more above the ground so that they menace the public health, safety, welfare or order, or have grown to such an extent as to be a menace to public health, safety, welfare or order, are public nuisances It is the duty of the owner, occupant, person, or public entity having control of property within or whereon any public nuisance described by this section exists to abate the nuisance by destroying, removing or trimming the growth Weeds, brush or uncultivated vegetation creating a nuisance must be cut as close to the ground as practicable Cut vegetation that has accumulated in such manner that it can be readily scattered or blown about by customary winds in such an amount as to menace the public health, safety, welfare or order, is a public nuisance It is a violation for any person to cause, permit Ordinance No. 3000 Page 4 or allow a public nuisance as described in this section (Ord 1972 Sec 4, 1978 Ord 1532 Sec 7, 1972) 9. That Section 12 12 90 is hereby amended, to read as follows 12 12 090 PLANTING - PERMIT REQUIRED - APPROVAL It shall be unlawful for any person to plant, or allow to be planted in a public right-of-way, pedestrian right-of-way or pedestrian easement, or to substantially prune any tree, shrub or plant without first obtaining a permit from the City Director a-t least ten days prior to planting or pruning The type, species, location, spacing, and number of trees or shrubs or plants or pruning to be done shall be approved by the Director prior to the issuance of -the a permit which when mature arc broad and high, growth, of spreading habit, which have shallow and extensive root systems liable to damage sidewalks, arc low branching or have branches of dropping habit offering an impediment to pedestrian traffic or adjacent sidewalks Prohibited trees under the above description shall include maples, ailanthus, poplars, lindens, elder, catalpas, redbud, cottonwood, elm, locust, walnut, mulberry, oak, sycamore, willow, sumac and other trees of similar habit and growth Recommending trees for parking strip planting shall include dogwood, ornamental flowering fruit trees such as cherry, prune, crab and peach limited to trees of upright habit, ash, mountain ash, red hayed varieties of prune and other trees of similar nature and habit of growth It shall be unlawful to plant any tree or large shrub in any planting strip or other public place that has not been approved by the Director 10. That PMC Section 12 12 100 is hereby amended to read as follows 12 12 100 REMOVAL OR ABATEMENT OF NUISANCE If any property owner fails or refuses to abate Any nuisance as described in Section 12 12 080, may be abated by the City following the process specified in Chapter 9 60 the City Council - z : : • agent, by resolution requiring such property owner, in addition or alternative to the penalties prescribed by Section 12 12 150, to abate the nuisance by removal or destruction, at his cost and Ordinance No.3000 Page 5 trimming, removal er destruction is net made within the time specified, the Director may abate the same as prescribed in Section 12 12 115 (Ord 1972 Sec 5, 1978 Ord 1532 Sec 9, 1972) 11 Section 12 12 115 is hereby deleted in its entirety 12. That PMC 12 12 120 is hereby amended to read as follows 12 12 120 ABUSE OR MUTILATION OF TREES Except to abate a nuisance as defined herein, it shall be a violation of this chapter to damage, destroy, or mutilate any tree, shrub, or plant in a public parking planting strip or any other public place, or to attach or 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 utility 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 planting strip of such real property in according ance with -te-the provisions of this chapter For the purpose of this chapter, the term "mutilate" shall have the ordinary meaning and include excessive pruning or trimming which substantially alters the natural shape or habit of a tree, but shall not refer to the removal of dead or damaged branches 13. That PMC Section 12 12 140 is hereby deleted Ordinance No 3 00 0 Page 6 .1)1 CATHERINE D SEAMAN GREG A RUBSTELLO 14. This Ordinance shall take effect five (5) days after passage and publication .._i Passed by the City Council of the City of Pasco, at a regular meeting this I day of March, 1994 City of Pasco: ATTEST: APPROVED AS TO FORM: Deputy City Clerk City Attorney Ordinance No. 300 0 Page 7 CITY OF PASCO SUMMARY OF ORDINANCE N03000 ORDINANCE NO , 3 000 is an ordinance concerning public rights-of-way and amending PMC Chapter 12 12 Section 1 Amends PMC Section 12 12 030 by clarifying language that places the responsibility for the maintenance of all vegetation in public rights-of-way exclusive of the roadway, on abutting owners or occupants Section 2 Amends PMC Section 12 12 040 by clarifying permission as needed to plant or substantially prune trees or shrubs in planting strips Section 3 Contains a new Section 12 12 45 requiring the director to develop a list of trees and shrubs that are acceptable to be planted in public rights-of-way Section 4 Adds a new PMC Section 12 12 047 that specifies that planting strips shall be maintained with live vegetation and no exposed soil Further, this section prohibits the use of planting strips for the storage of motor vehicles, boats, and other items Section 5 This section amends PMC 12 12 050 by clarifying the permission that is required to remove or substantially prune certain trees within planting strips Section 6 Amends PMC Section 12 12 060 clarifying language for issuance of permits to plant or substantially prune trees and shrubs in planting strips Section 7 Amends PMC Section 12 12 070 by stating an EPA approved substance, when necessary, can be used to prevent re-growth of trees that have been removed from planting strips Section 8 Amends PMC Section 12 12 080 by making minor clarifications relative to public, health safety and welfare Section 9 Amends Section 12 12 090 by deleting the list of trees prohibited and recommended for planting strips This section has also been amended through minor language changes for greater clarification Page 1 Section 10 Amends PMC Section 12 12 100 by deleting the old abatement process in favor of the abatement process specified in the nuisance Chapter 9 60 of the Pasco Municipal Code Section 11 Deletes in its entirety Section 12 12 115 dealing with abatement of nuisances and hens The process in PMC Chapter 9 60 will now be utilized for these purposes Section 12 Deletes in its entirety PMC Section12 12 140 dealing with indemnity insurance Section 13 States that the ordinance shall be in full force and effect after passage and publication as required by law The full text of Ordinance No 3000 is available free of charge to any person who requests it from the City Clerk of the City of Pasco (509) 545-3402, P 0 Box 293, Pasco, Washington 99301 Catherine D Seaman, Deputy City Clerk Page 2 fi loloHlo1111111111111 1 0o 000 FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 March 7, 1994 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinance (s) No 3001-3004, and Summary of Ordinance No 3000 on the following date March13, 1994 Please send two (2) Affidavits of Publication for each Thank you, Cathenne D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included SUBSCRIBED AND SWORN BEFORE illiE THIS DAY OF , otary public in and for the State of Wash- ington, residing ait RIC.HLANEi 9 WA COMMISSION EXPIRES _At,c0 ,F _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 &MA& ADV02711M0 INVOICE SOLD TO FASCO, CITY OF LEGALS P.O. BOX 297 PAsco WA 9 01 DATE 0-3 / 1-3 / 7.1,4 LEGAL NO #467 ACCOUNT NO 50550 DESCRIPTION 467 CITY OF PASCO SUMMAR TIMES ( )01 INCHES 9 -10 707T'Afir, F.17 .37 pa OVICE This is an Invoice for legal advertising space Please pay from this invoice as no statement will be rendered Please detach at perforation and return with payment ARROAKT PUE3,15VAY1100 COUNTY OF BENTON SS .00k. MAR 21 1994 1:0NANCE DEPT STATE OF WASHINGTON CAROLE MEF EN:: I E , being duly sworn, deposes and says, I am the Legal Clerk of the Tri-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true copy of a 4E 3 CI TV OF PASCO summAR as it was printed in the regular and entire issue of the Tri-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 07-1177'731 , and ending on 07/17/qfl , and that said newspaper was regulary distributed to its subscribers during all of this period CAZ-te's CITY OF PASCO SUMMARY OF ORDINANCE NO 3000 ORDINANCE NC-,3000 IS an ordinance concerning public rights of way and amending PMC Chapter 12 12 Section 1 Amends PMC Section 12 12 030 by clarify ing language that places the responsibility for the mainte nance of all vegetation in pub- lic rights-of way exclusive of the roadway on abutting owners or occupants Section 2 Amends PMC Section 12 12 040 by clarify ing permission as needed to plant or substantially prune trees or shrubs in planting stnps Section 3 Contains a new Section 12 12 45 requiring the director to develop a list of trees and shrubs that are ac ceptabie to be planted in pub lic nghts of-way Section 4 Adds a new PMC Section 12 12 047 that spedi fies that planting strips shall be maintained vvith live vege- tation and no exposed soil Further this section prohibits the use of planting strips for the storage of motor vehicles boats and other items Section 5 This section amends PMC 12 12 050 by clarifying the permission that is required to remove or sub stantially prune certain trees within planting strips Section 6 Amends PMC , Section 12 12 060 clarifying language for issuance of per mits to plant or substantially prune trees and shrubs in iplanting strips Section 7 Amends PMC Section 72 12 070 By stating an EPA approved substance when nikessary 9 can be used to prevent re-growth of trees that have been re moved from planting strips Section 8 Amends PMC Section 12 12 080 by making minor clarifications relative to public health safety and wel- fare Section 9 Amends Section 12 12 090 by deleting the list of trees prohibited and rec ommended for planting strips This section has also been i amended through minor Ian guage changes for greater clarification Section 10 Amends PMC Section 12 12 100 by deleting the old abatement process In favor of the abatement process specified in the nui- sance Chapter 9 60 of the Pasco Municipal Code Section 11 Deletes in Its en- tirety Section 12 12 115 deal- ing with abatement of nui- sances and liens The process In PMC Chapter 9 60 will now be utilized for these purposes Section 12 Deletes In its en- ) tirety PMC Section 12 12 140 I dealing with indemnity Insun ance {Section 13 States that the or- ' dinance shall be In full force , and effect after passage and publication as required by law The full text of Ordinance No 3000 Is available free of charge to any person who re quests it from the City Clerk of the City of Pasco (509) 545- ' 3402 P0 Box 293 Pasco Washington 993J1 s- Catherine D Seaman Deputy City Clerk $46.3 3/13/c44 < TRANSACTION REPORT > 03-08-1994(TUE) 08 11 C -1- RANI Sr-1 I -1- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 2874 3-08 08 05 15095821453 12 0°06 12 NORM E OK 12 0°06 12 AGENDA REPORT NO. 26 FOR: City Council Date: 3/7/94 TO: Gary Crutchfield, City Manager Regular 3/7/94 FROM: David I4cDldCommurnty Development Director SUBJECT: CODE AMENDMENT TASK FORCE RECOMMENDATIONS - PLANTING STRIPS - (MF #93-60-CA) I REFERENCE(S) A Proposed Ordinance Amending PMC Chapter 12 12 II ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION(S) A 2/28/94 Review and Discussion B 3/7/94 MOTION I move to adopt Oidmance No , amending PMC 12 12 regulating planting strips and authorizing publication by summary III FISCAL IMPACT NONE IV HISTORY AND FACTS BRIEF A In December, the City Council reviewed the proposed ordinance recommended by the Planning Commission that regulated the use and maintenance of planting strips throughout the community B Following the Council's initial review of this issue, it was determined that further refinement and review by the City Attorney was needed prior to Council action The City Attorney has reviewed the proposed ordinance and made various language changes to improve the content of the proposed ordinance V DISCUSSION The proposal as reviewed by the City Council in December basically changed the name of parking strips to planting strips and prohibited the storage of vehicles and other items on planting strips With the assistance of one of the Task Force members (Clare Cranston) and the City Attorney, this proposed ordinance has been further refined The major changes are itemized as follows Section 12 12 040 has been rearranged and deals with pruning as well as planting of trees Section 12 12 045 has been added and requires the Parks Director to develop a list of acceptable trees to be planted in planting strips Section 12 12 047 is a new section that was previously discussed by Council but has been augmented with more specific language dealing with the maintenance of planting strips and the storage of vehicles and equipment on those planting strips PMC Sections 12 12 050, 060, 070 and 080 all contain minor language changes to make those sections more specific Section 12 12 090 has been significantly modified by the elimination of the prohibited and recommended list of trees 1 Section 12 12 100 has been altered to modify the abatement process to bring it in line with the standard practice found in the nuisance chapter 9 60 Section 12 12 140 dealing with insurance has been deleted For the average homeowner, putting in a small tree the insurance did not seem necessary All other changes are minor changes that reflect past discussion of the City Council regarding this matter If the proposals are found acceptable by Council, staff can prepare a final ordinance and ordinance summary for Council action at the next regular Council meeting 2