HomeMy WebLinkAbout3286 Amending AMC 9.08.120 To Prevent Property Owners from Keeping Hazardous or Infested Trees ORDINANCE NO. 3286
AN ORDINANCE AMENDING 9.08.120 TO PREVENT PROPERTY OAVNERS FROM
KEEPING HAZARDOUS OR INFESTED TREES
Annotated to show deletions and additions to the Ashland Municipal Code sections being
modified. Deletions are bold lined through, and additions are bold underlined.
WHEREAS,Article 2. Section 1 of the Ashland City Charter provides:
Powers of the City. The City shall have all powers which the constitutions, statutes, and
common law of the United States and of this State expressly or impliedly grant or allow
municipalities, as fully as though this Charter specifically enumerated each of those
powers, as well as all powers not inconsistent with the foregoing, and, in addition thereto,
shall possess all powers hereinafter specifically granted. All the authority thereof shall
have perpetual succession.
WHEREAS,the City'Wishes empower Code Compliance to compel removal of dead trees ,-,,here
they are deten-nined to-pose a fire hazard, or compel reiiioNal of insect infested trees that will
othei-vvise compromise the health of the urban forest.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1.
9.08.120 Trees—Hedges
A. No owner or person in charge of property that abuts upon a street or public sidewalk shall
permit trees, bushes, shrubs, or hedges on such property to interfere with street or sidewalk
traffic or restricting 1 1 1 1 the useftilness of any public street, sidewalk, sewer, or utility. In addition, it
shall be the duty of such owner or person to remove, from any tree on such property, all branches
that overhang the sidewalk to a height of not less than eight feet above the sidewalk.
B. No owner or person in charge of property shall allow to stand a dead or decaying tree that is a
hazard to the public or to persons or property on or near the property, or that harbors insects or
diseases that constitute a potential threat to other trees within the city-.
C. No owner or person in charge of property shall place or maintain thereon, along a street or
public sidewalk-, a thong-bearing hedge or a hedge in excess of four(4) feet in height.
D. Failure of the property owner to remove or trim a tree, bush, shrub or hedge which does not
meet the requirements of this section within thirty (30) days of receiving notice thereof from the
City is a violation of this section, and the City may then remove or trim the tree,bush, shrub or
hedge and assess the costs thereof against the property. In addition, any violation of this section
is punishable as provided under AMC 9.08.990.
ORDINANCE NO. 3286 Page 1 of 2
SECTION 2. Severability. Each section of this ordinance, and any part thereof, is severable,
and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
remainder of this ordinance shall remain ui full force and effect.
SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code
and the word "ordinance"may be changed to "code", "article", "section", "chapter"or another
word, and the sections of this Ordinance may be renumbered, or re-lettered,provided however
that any Whereas clauses and boilerplate provisions (i.e. Sections 3-5)need not be codified and
the City Recorder is authorized to correct any cross-references and any typographical errors.
The foregoing ordinance was first read by title only in accordance with Article X, Section
2(C) of the City Charter on the day of , 2026, and duly
PASSED and ADOPTED this day if vyl-n,f c,, 2026.
PASSED by the City Council this day of h , 2026.
ATTEST:
Alissa Kilo m' ski, City Recorder
SIGNED and APPROVED this _day of_ �L��(, ,2026.
Tonya Gr am,Mayor
Reviewed as to form:
J h et orney
ORDINANCE NO. 3286 Pa-e 2 of 2