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HomeMy WebLinkAbout51451 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ORDINANCE NO. ~ 1 4 ~ AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE SECTION 12.36.030 ENTITLED "PLANTING OR REMOVAL--PERMISSION REQUIRED" CONTAINED IN CHAPTER 12.36 ENTITLED "STREET TREES" IN TITLE 12 ENTITLED "STREETS, SIDEWALKS AND PUBLIC WORKS" TO REQUIRE PLANTINGS BE ACCOMPLISHED IN ACCORDANCE WITH THE ~'CITY OF AUBURN DESIGN AND CONSTRUCTION STANDARDS". WHEREAS, it will be in the public interest to have replacement plantings in public landscape strips for which the city engineer has granted permission to be consistent throughout the city; and WHEREAS, the planting list is aesthetic as well as utilitarian and has instructions for installation and care; and WHEREAS, it will be in the public interest to have new and replacement street trees planted from an approved list of trees that will have a minimum impact on the street infrastructure; NOW THEREFORE, THE CITY COUNCIL WASHINGTON, DO ORDAIN AS FOLLOWS: OF THE CITY OF AUBURN, Section 1. Auburn City Code Section 12.36.030 entitled "Planting or removal-permission required" contained in Chapter 12.36 entitled "Street Trees" is hereby amended as Ordinance No.5145 September 22, 1998 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 set forth in attached Exhibit "A" which is by this reference made a part hereof as though set forth in full herein. Section 2. to be separate The provisions of this ordinance and severable. The invalidity of sentence, ordinance, are declared any clause, paragraph, subdivision, section or portion of this or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: October 19, 1998 PASSED: October 19, 1998 APPROVED: October 19, 1998 MAYOR Ordinance No.5145 September 22, 1998 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ATTEST: Da~-lelle E. Daskam, City Clerk APPROVED AS TO FORM: ~lds, City Attorney Ordinance No.5145 September 22, 1998 Page 3 I Chapter 12.36 STREET TREES Sections: 12.36.010 12.36.020 12.36.030 12.36.040 12.36.050 12.36.060 12.36.070 12.36.080 12.36.090 12.36.100 12.36.110 Short title. Enforcement officer. Planting or removal - Permission required. Prohibited trees. Nuisances - Designated. Nuisances - Abatement - Required. Nuisances - Abatement - Notice. Nuisances - Abatement - By city - Costs recovery. Abuse or mutilation of trees prohibited. Violation - Penalty. Remedies not exclusive. 12.36.010 Short title. The ordinance codified in this chapter shall be referred to and cited as the street tree ordinance of Auburn. (1957 code 8.15.010.) 12.36.020 Enforcement officer. The city engineer or his duly authorized representative shall be charged with the enforcement of this chapter. (1957 code 8.15.020.) 12.36.030 Planting or removal - Permission required. No trees or shrubs shall be planted in or removed from any public parking strip or other public place in the city without permission from the city engineer. Plantin~ls for which permission has been granted shall be in accordance with the "City of Auburn Design and Construction Standards". (1957 code 8.15.030.) 12.36.040 Prohibited trees. It is unlawful to plant in any public parking strip the following trees: Poplar, willow, cottonwood, fruit trees (except ornamental types), nut trees, ailanthus, mountain ash and Oregon or big-leaf maple, or any other tree the roots of which cause injury to the sewers, sidewalks or pavements, or which breed disease dangerous to other trees or to the public health. No tree shall be planted within two feet of any sidewalk or pavement unless the planting is accomplished in accordance with a comprehensive street tree planting program approved by the city for the subject street. Poplar, willow, American elm or cottonwood trees planted anywhere in the city must be placed at least 100 feet away from public sewers. (1957 code 8.15.050.) 12.36.050 Nuisances - Designated. Trees, shrubs or vegetation or parts thereof which so overhang any sidewalk or street or which are growing thereon in such manner as to obstruct or impair the free and full use of the sidewalk or street by the public are public nuisances. Grass, weeds, shrubs, bushes, trees or vegetation growing or which has grown and died upon any property and which is a fire hazard or a menace to public health, safety or welfare are likewise public nuisances. Ordinance No. 5 I45 Exhibit A September 22, 1998 Page I It is the duty of the owner of the property wherein or whereon any such nuisances exist to abate the nuisances by destroying, removing or trimming the growth. (1957 code 8.15.040.) 12.36.060 Nuisances - Abatement - Required. The city engineer shall enforce this chapter, and if any property owner fails (~r refuses to abate any such nuisance as contemplated by ACC 12.36.050, the city council may, after report filed by the city engineer, by resolution require such property owner, in addition or alternative to the penalties prescribed by ACC 12.36.100, 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 city engineer may abate the same as provided in ACC 12.36.080. (1957 code 8.15.060.) 12.36.070 Nuisances - Abatement - Notice. The resolution mentioned in ACC 12.36.060 shall not be passed until the property owner is given at least five days' notice of the pendency of the proposed resolution. Such notice shall be given by the city engineer's 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 official newspaper. The mailing, posting and publication shall be made at least five days before the resolution is adopted and proof shall be made by affidavit of the city engineer filed with the city clerk. The notice shall include the resolution number and both shall describe the property involved and the nature of the hazardous condition constituting the nuisance. (1957 code 8.15.070.) 12.36.080 Nuisances - Abatement - By city - Costs recovery. If the nuisance is not abated by removal or destruction by the property owner within the time fixed in the resolution, the city engineer 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 to the property owner. If the property owner fails or refuses to pay the bill immediately, or if no bill is rendered because he cannot be found, the city engineer, in the name of the city, may file a lien therefor against the 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. (1957 code 8.15.090.) 12.36.090 Abuse or mutilation of trees prohibited. Except to abate a nuisance as defined in this chapter, it is a violation of this chapter to damage, destroy or mutilate any tree, shrub or plant in a public parking 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 to 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; provided, however, that nothing contained in this section shall preclude either the owner or occupant of real property from Ordinance No. 5145 Exhibit A September 22, 1998 Page 2 trimming or removing trees, shrubs and plants in the parking strip of such real property. (1957 code 8.15.080.) 12.36.100 Violation - Penalty. Any violation of this chapter shall be enforced pursuant to the provisions of Chapter 1.25 ACC. (Ord. 4502 6, 1991; 1957 code 8.15.100.) 12.36.110 Remedies not exclusive. The remedies prescribed in this chapter are in addition to all other remedies provided or authorized by law. (1957 code 8.15.120.) (©1997 Code Publishing, Inc. - Rev. 12961 Ordinance No. 5145 Exhibit A September 22~ 1998 Page 3