18.135.060 Public tree maintenance.
A. Tree Maintenance. The city may require any trees, shrubs, plants, or vegetation in any public right-of-way, park, or other public property to be trimmed or pruned.
1. The city will maintain trees within the public right-of-way along collector and arterial streets.
2. The owners of property abutting streets other than arterial and collector streets in residential zoning districts within the city shall be responsible for the care and maintenance (trimming, pruning and spraying) of trees and shrubs located in the public right-of-way. Property owners shall also be responsible for repairing damage done to a street, sidewalk or curb by the roots of any tree or shrub where the CRZ is within the public right-of-way.
3. All owners of property within the city shall be responsible for the following:
a. Trimming, pruning and spraying trees on private property that overhang a public right-of-way.
b. Trimming and pruning of vegetation that obstructs motorist or pedestrian view of traffic signals, signs, streetlights, street names, or other markings or safety fixtures in the public way. Branches over the street shall be pruned to a height of 13 feet, six inches and eight feet above a sidewalk.
c. Repairing damage done to a street, sidewalk or curb by the roots of any tree or shrub on private property.
d. Removing trees and shrubs on private property that have been declared a public nuisance or a hazard.
e. Debris Removal. The person working on trees on a street, highway, or public area shall be required to remove all debris from the right-of-way by sunset of the same day, unless specifically authorized to do otherwise by the community development director, or designee. The acceptable standard shall be a broom clean finish or better.
4. If any property owner neglects to perform any duty required by this section and causes injury or damage to any person or property, that owner shall be liable to the person suffering such injury or damage and shall indemnify the city for all damages the city has been compelled to pay in any such case. Such damages may be collected in a civil action against the property owner.
B. Tree Topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any tree in the public right-of-way. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms, or other causes, or certain trees under the utility wires or other obstructions where other pruning practices are impractical may be exempt from this provision.
C. Dangerous Tree – Nuisance – Removal. Any tree or shrub growing in any public property, on private property, or in a planting strip abutting public property, which is a public safety hazard or which may endanger the security or usefulness of any public street, sewer, or sidewalk; is declared to be a public nuisance. The abatement procedure of Chapter 8.10 TMC shall be applied.
D. Trees – Abuse – Mutilation. No person shall abuse, destroy, or mutilate any tree, shrub, or plant in a public planting strip, park, or any other public property. This includes attaching or placing any rope or wire (other than one used to support a young or damaged tree), signs, posters, or handbills to any public tree; or allowing any wire charged with electricity, or any gaseous, liquid, or solid substance which is harmful to the trees, to come in contact with the roots or leaves of any such tree. [Ord. 918 § 1 (Exh. A), 2016; Ord. 817 § 8-3J.1050, 2006.]