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Council Communication

Title:	An ordinance amending Section 13.16.070 of the Ashland municipal code to require property owner to remove or trim trees or shrubs endangering utilities.
Dept:	Electric & Telecommunication, Public Works
Date:	September 3, 2002
Submitted By:	Dick Wanderscheid
Reviewed By: ........................	Greg Scoles, City Administrator

Synopsis:	This amendment would require 14 feet of vertical clearance over public streets and 12 feet of vertical clearance over public alleys. This change is needed to protect vehicles from damage by low vegetation. Presemly the height issue is not addressed in the City's municipal code.
Recommendation:	Staff recommends that the council approve second reading of the attached ordinance. First reading of the ordinance was approved on August 20, 2002.
Fiscal Impact:	None
Background:	In the recent months the City has had some of our Utility and Public Works vehicles damaged by vegetation which is overhanging in the City street and alley right of ways. Also, some commercial vehicles have been damaged. The City's current code addresses this issue by declaring as a nuisance any tree or shrub "which is endangering or which may endanger the security or usefulness of any public street" and allows the City to require the vegetation to be trimmed or removed. This amendment adds a specific height clearance requirement to the existing section of the ordinance. City street and electric staffhas discussed this amendment with the city's tree commission and they have given their approval to this proposed amendment.

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ORDINANCE NO.

AN ORDINANCE AMENDING SECTION 13.16.070 OF THE ASHLAND MUNICIPAL CODE TO REQUIRE PROPERTY OWNERS TO REMOVE OR TRIM TREES OR SHRUBS ENDANGERING UTILITIES

THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:

SECTION 1. Section 13.16.070 of the Ashland Municipal Code is amended to read:

SECTION 13.16.070 Dangerous Trees--Nuisance--Removal.

Any tree or shrub growing in any public property, on private property, or in a planting strip abutting public property, which is endangering or which may endanger the security or usefulness of any public street, sewer, sidewalk or utility, is declared to be a public nuisance; and the City may remove or trim the tree or shrub, or may require the property owner to remove or trim the tree or shrub. Trees or shrubs extending over any public street, except an alley, shall be trimmed in such a manner as to provide a minimum 14 feet vertical clearance over the street. Trees or shrubs extending over an alley shall be trimmed in such a manner as to provide a minimum 12 feet vertical clearance over that portion of the alley subject to vehicle use.

Failure of the property owner to remove or trim the tree or shrub within 30 days of receiving notice by the City Recorder is a violation of this chapter, and the City Administrator may then remove or trim the tree or shrub and assess the costs against the property.

The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C)of the City Charter on the 20th day of August, 2002, and duly PASSED and ADOPTED this ________ day of _________, 2002.
Barbara M. Christensen, City Recorder

SIGNED and APPROVED this ______day of ____, 2002.
Alan W. DeBoer, Mayor

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