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