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HomeMy WebLinkAbout3291 Amending AMC 13.16.035 - Remove or Prune Hazardous Trees ORDINANCE NO. 3291 AN ORDINANCE AMENDING 13.16.035 TO REQUIRE PROPERTY OWNERS TO REMOVE OR PRUNE DANGEROUS TREES WITHOUT A PERMIT 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 I 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 to empower Code Compliance and the Streets Division to compel removal of dead trees where the trees pose a fire hazard and to clarify that maintaining required street, sidewalk, and utility clearances for branches is an exempt activity. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. 13.16.035 - Permission Property owners obligation to Prune Property owners are obligated to proactively maintain any vegetation on their property to prevent it from extending into a right of way, causing obstructions. When the City identifies a dead or hazardous tree condition, it will notify the property owner of the necessary action. In these instances, the property owner shall promptly comply without the need for a permit. Exeept for purposes of removal of dying branehes or those whieh, are a 11-azftfd to the publie, pruning by City erews, or pruning for purposes of Mai shall be pruned within any publie !ant;"" �fv;n been issued by the Cit�.,Alanager oi bna 's ger de *g 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 in 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 ORDINANCE NO. 3291 Page 1 of 2 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 of , 2026. PASSED by the City Council this_ _day of Q i t>f , , 2026. ATTEST: ko" XAAZ--, Alissa Kolodzinski, CiVRecorder SIGNED and APPROVED this day of 0 l �(_",K , 2026. Tonya Gral m, Mayor Reviewed as to for J i a, Q ttorney ORDINANCE NO. 3291 Page 2 of 2