Chapter 6.46 — TRIMMING OF TREES FOR ELECTRICAL LINE

CLEARANCE

Sections:

6.46.010 Definitions.

6.46.020 Tree, vegetation or foliage prohibitions.

6.46.030 Abatement of violations by City.

6.46.040 Removal of tree or vegetation.

6.46.050 Notice of violation.

6.46.060 Waiver or reduction of notice period for inclement weather.

6.46.070 Liability of costs for removal or trimming.

The following definitions shall apply to this Chapter:

.010 "Director" shall be the Director of Community Services or his or her designee.

.020 "City" shall mean the City of Anaheim.

.030 "Electrical Line" shall be any overhead conductor which carries electrical current of 750 volts or more directly or indirectly to electric utility customers, whether located over private property or the utility right of way.

.040 "Transformer" shall be any device placed or mounted on any power pole for the purpose of altering the voltage or amperage of an electrical line.

.050 "Apparatus" shall be any device which is a part of the electrical distribution system which is not otherwise defined in this Chapter and is mounted either on a utility pole or an electrical wire. (Ord. 5746 § 1 (part); December 12, 2000.)

No person or entity that owns any lot or private premises shall allow or permit any tree, vegetation or foliage to endanger the public health, safety and welfare because of the proximity of such tree, vegetation or foliage to any overhead electrical line, transformer or apparatus. Trees, vegetation or other foliage shall constitute a danger to the public health, safety and welfare when any foliage or limb of any tree or other vegetation is within eighteen inches (18") of an overhead electrical line, transformer or other overhead apparatus under conditions of no wind. (Ord. 5746 § 1 (part); December 12, 2000.)

6.46.030ABATEMENT OF VIOLATIONS BY CITY.

Upon a determination by the Director that a violation of Section 6.46.020 exists on any lot or private premises, the City may, for the purpose of abating the danger to public health, safety and welfare, trim or prune any tree, foliage or vegetation maintained or allowed to exist upon said property in violation of the provisions of this Chapter at the expense of the City. Trees, foliage or vegetation in the immediate proximity of electrical wires carrying less than 750 volts may also be trimmed to provide a reasonable separation from such wires. (Ord. 5746 § 1 (part); December 12, 2000.)

In the event the pruning or trimming at City expense once in any period of twelve consecutive months as provided for in this Chapter is insufficient to prevent any tree, foliage or vegetation from creating a violation of this Chapter, and the owner thereof does not sufficiently prune or trim said tree or vegetation to prevent a violation of this Chapter, the City may, with the written consent of the owner of such property and at the expense of the City, enter and remove any tree or other vegetation which endangers the public health, safety and welfare on any lot or private premises which requires trimming by the City in excess of once per consecutive twelve month period in order to maintain eighteen inch (18") clearance from overhead electrical lines, transformers or apparatus. (Ord. 5746 § 1 (part); December 12, 2000.)

If the City is denied permission to remove a tree or other vegetation which requires trimming by the City more than once per consecutive twelve month period to meet the requirements of this Chapter, the Director of Community Services may send written notice to the owner of such lot or premises and posted on the lot or private premises notifying the owner of the violation of this Chapter. The notice provided hereunder shall require the owner to trim or remove such tree or vegetation to provide sufficient clearance to the overhead electrical line, transformer or apparatus and advise such owner that if such removal or trimming has not been completed within twenty one (21) days following the date of such notice, the City or its authorized contractor may enter upon the property with permission or under such warrant or other authority as may be required and cause such tree or vegetation to be trimmed at the expense of the property owner. (Ord. 5746 § 1 (part); December 12, 2000.)

In the event that inclement weather conditions including, but not limited to high winds, create a situation of imminent peril to any overhead electrical line, transformer or apparatus as a result of any tree or other vegetation upon a property being within eighteen inches (18") of such overhead lines or equipment, the notice period provided in Section 6.46.050 may be waived or reduced at the discretion of the Director. (Ord. 5746 § 1 (part); December 12, 2000.)

If the owner of any lot or private premises fails to trim or remove, or refuses to permit the City to remove, any tree or vegetation described in Section 6.46.040 within the twenty one (21) day period described in Section6.46.050, and the City subsequently causes such tree to be trimmed in excess of once in any consecutive twelve (12) month period, the actual cost to the City to trim such tree for the second and subsequent times during a consecutive twelve (12) month period, inclusive of the City's usual and customary overhead and indirect charges, shall constitute a debt owed by the owner thereof to the City, and the owner shall be liable to the City in a civil action brought by the City for the recovery of such amounts. (Ord. 5746 § 1 (part); December 12, 2000.)