HomeMy WebLinkAbout3157 AMND 9.08.120 & 13.16.070 Tree & Vegetation Height Above Public Streets & Alleys
I ORDINANCE NO. 3157
2 AN ORDINANCE AMENDING AMC 9.08.120 AND AMC 13.16.070 TO RESOLVE
3 INCONSISTENCIES AND INCREASE VERTICAL CLEARANCE HEIGHT OF TREES
4 AND OTHER VEGETATION ABOVE PUBLIC STREETS AND ALLEYS
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Annotated to show deletions and additions to the Ashland Municipal Code sections being
6 modified. Deletions are bold lined through, and additions are bold underlined.
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8 WHEREAS, By adopting consistent vertical height clearance of vegetation over public streets
9 and alleys, promotes the safety and welfare of the citizens by diminishing damage to commercial
10 vehicles and power line outages;
11 WHEREAS, Oregon•Revised Statute 818.080 establishes maximum allowable height of
12 vehicles, including load, as fourteen (14) feet for any vehicle on public roadways;
13 WHEREAS, Ashland Municipal Code Section 9.08.120 ("Trees - Hedges") regulates heights of
14 trees, bushes, or hedges on property abutting upon a street or public sidewalk.
15 WHEREAS, Ashland Municipal Code section 13.16.070 ("Dangerous Trees - Nuisance
16 Removal') regulates trees or shrubs detrimental to the usefulness of any public street, sidewalk,
17 or utility and requires that trees or shrubs have at least 14 vertical feet of clearance over any
18 public street and at least 12 feet of vertical clearance over that portion of any alley subject to
19 vehicle use.
20 WHEREAS, Amendments to the Ashland Municipal Code are warranted in order to resolve the
21 inconsistencies among ORS 818.080, AMC 9.08.120 and AMC 13.16.070.
22 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
23 SECTION 1. Ashland Municipal Code Section 9.08.120 Trees - Hedges is hereby amended as
24 follows:
25 9.08.120 Trees -Hedges
26 A. No owner or person in charge of property that abuts upon a street or public sidewalk shall
27 permit trees, bushes, shrubs, or hedges on such property to interfere with street or sidewalk
28 traffic or restricting the usefulness of any public street, sidewalk, sewer, or utility. In
29 addition, it shall be the duty of such owner or person to remove, from any tree on such property,
30 all branches that overhang the sidewalk or street to a height of not less than eight feet above the
sidewalk. and not less dmn Wielve feet above the stEeet. For purpose ef the preeeding sentenee,
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2 that abuts sueh property.
3 B. No owner or person in charge of property shall allow to stand a dead or decaying tree that is
4 a hazard to the public or to persons or property on or near the property.
5 C. No owner or person in charge of property shall place or maintain thereon, along a street or
6 public sidewalk, a thorn-beating hedge or a hedge in excess of four (4) feet in height.
7 D. Failure of the Property owner to remove or trim a tree, bush, shrub or hedge which
8 does not meet the requirements of this section within thirty (30) days of receiving notice
9 thereof from the City is a violation of this section, and the City may then remove or trim
10 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.
12 SECTION 2. Ashland Municipal Code Section 13.16.070 is hereby amended as follows:
13 13.16.070 Dangerous Trees Nuisanee Vertical Clearance Above Streets and
14 Allevs
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P publie °t get sewer- sidewalk or- utility, is deelar-ed to be ° ..ublie nuisanee; and the City
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tfee or shrub. Trees, of shrubs, or other vegetation extending over any public street exeeptan
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20 or alley, shall be trimmed in such a manner as to provide a minimum fourteen 141 feet vertical
21 clearance over the- street. T- rves o F shFubs extending over- an alley shad-1 be bimm ed in such a
22 that portion of the street or
23 alley subject to vehicle use. Failure of the property owner to remove or trim the tree, shrub, or
24 other vegetation which does not meet the requirements of this section ee sktub within thin
25 J301 days of receiving notice thereof from the City Recorder is a violation of this ehapter
26 section, and the City Administratet may then remove or trim the tree or shrub and assess the
27 costs thereof against the property. In addition, any violation of this section is punishable as
28 provided under AMC 13.16.100.
29 SECTION 3. Codification. In preparing this ordinance for publication and distribution, the
30 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
ORDINANCE NO. 3157 Page 2 of 3
I such limitations, may:
2 (a) Renumber sections and parts of sections of the ordinance;
3 (b) Rearrange sections;
4 (c) Change reference numbers to agree with renumbered chapters, sections or other parts;
5 (d) Delete references to repealed sections;
6 (e) Substitute the proper subsection, section, or chapter numbers;
7 (f) Change capitalization and spelling for the purpose of uniformity;
8 (g) Add headings for purposes of grouping like sections together for ease of reference; and
9 (h) Correct manifest clerical, grammatical, or typographical errors.
10 SECTION 4. Severability. Each section of this ordinance, and any part thereof, is severable,
I 1 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
12 remainder of this ordinance shall remain in full force and effect.
13 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)
14 of the City Charter on the 2"d day of October 2018, and duly PASSED and ADOPTED this 16th
15 day of October, 2018.
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18 Melissa Huhtala, City Recorder
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20 SIGNED and APPROVED this 0 day of 4 2018.
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23 o Stromberg, Mayor
24 Reviewe as to form:
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D vid H. L "an, City Attorney
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