1994 Tree Ordinance - Laserfiche WebLink

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trees were replaced by the City with the property owners being billed for the replacement. The property owners involved are questioning the City's authority to require payment of this billing. In discussion with the City Attorney's office, it is clear that a legal interpretation could be made that street trees belong to the abutting property owner thus not providing the City the authority to resolve such issues. By applying this interpretation, we find there are no code provisions which would prevent this type of over - pruning or even the removal of a street tree by the abutting property owner. Considering the large number of street trees and the limited City resources for tree maintenance, not allowing abutting property owners to maintain street trees would have major liability and resource implications. In most cases. the maintenance provided by the homeowner is acceptable. Staff are currently preparing draft code amendments which would regulate the pruning of street trees to accepted national standards and would broaden the existing Tree Preservation Ordinance 6.300 - 6.330 to require an evaluation and permit issuance before allowing the removal of a street tree. Administrative rules would then establish the specific pruning standards such as those of the International Society of Arboriculture. Violations of this ordinance could be enforceable through the civil penalty process. The proposed regulations would be consistent with Policy 6 of the Urban Forest Management plan. Completion of this ordinance package would not be completed until September, 1994. D. Implementation status of the UFMP - Significant progress has been made on implementing many of the nineteen policies adopted in the UFMP. While beyond the scope of this memo. a report on the progress made to date describing accomplishments and barriers will be made available to Council to provide additional background for decision making on tree issues.