Inyo County Municipal Code Ch. 12.20 County Roads and Trees Policy

As used in this chapter, the following terms shall have the following meanings:

"Adjacent to" or "abuts"

means any two parcels of land or areas of land that share a common boundary line.

"County highway"

means the entire width of the right-of-way that has been dedicated to and accepted by the county for highway purposes, minus the area that constitutes the "streetside apron," as that term is defined below.

"County highway vertical clearance area"

means the area directly above a county highway to a height of fourteen feet. For paved sidewalks, the vertical clearance area shall be measured in a straight line directly up from the face of the curb. For unpaved sidewalks, the vertical clearance area shall be measured in a straight line directly up from the outer edge of the pavement.

"Streetside apron"

means the portion of the county highway that is bounded by private property on one side and, in the case of unpaved sidewalks, the edge of the pavement on the other side. In the case of paved sidewalks, "sidestreet apron" shall mean and refer to the portion of the county highway that is bounded by private property on one side and the face of the curb on the other side.

"Private property"

means the land that abuts the sidestreet apron over which the owner has exclusive and absolute rights such that the owner may exclude the public from the land.

"Tree"

means any woody perennial plant having a single main axis, stem, or trunk, exceeding eight feet in height.

"Vegetation"

means any plant that is not a tree.

(Ord. 1257 § 3, 2020)

Property owners shall be solely responsible for the maintenance of any streetside apron that is adjacent to any portion of their property. The streetside apron must be maintained in a manner that permits the safe and unobstructed passage of pedestrian traffic.

Maintenance responsibilities include, but are not limited to:

A. Maintaining trees in a properly trimmed state so that their branches do not present a hazard to pedestrians, vehicles, or private property and do not pose an excessive fire or fall hazard.

B. Maintaining trees in accordance with the standards set forth by the American National Standards Institute Standard for Tree Pruning (ANSI A300), as it may be amended from time to time.

C. Removing or remedying trees that are dead, seriously diseased, badly out of balance, or in the process of falling.

D. Trimming vegetation so that it does not obstruct travel on the streetside apron or present a hazard to pedestrians, vehicles, or private property.

E. Keeping the streetside apron free of permanent obstructions, refuse, junk, or any other large objects that would impede pedestrian travel.

F. Ensuring that paved sidewalks are not excessively cracked, lifted, or vertically displaced.

1. A crack greater than two inches in width is deemed excessive per se.

2. A vertical displacement or lift greater than one inch is deemed excessive per se.

G. Ensuring that paved sidewalks meet all structural and accessibility requirements set out in the Americans with Disabilities Act and the California Building Code.

(Ord. 1257 § 3, 2020)

Property owners shall be solely responsible for the maintenance of any trees or vegetation located on private property. Trees and vegetation located on private property must be maintained in a manner that minimizes, to the greatest extent possible, any hazards or nuisances posed by trees and vegetation.

Maintenance responsibilities for trees and vegetation located on private property include, but are not limited to:

A. Maintaining trees in a properly trimmed state so that their branches do not present a hazard or a nuisance to pedestrians, vehicles, or neighboring property.

B. Maintaining trees in accordance with the standards set forth by the American National Standards Institute Standard for Tree Pruning (ANSI A300), as it may be amended from time to time.

C. Removing or remedying trees that are dead, seriously diseased, badly out of balance, or in the process of falling.

D. Trimming vegetation so that it does not impede the access of emergency responders, encroach on neighboring property, or present a fire hazard.

(Ord. 1257 § 3, 2020)

Nothing in this chapter shall be interpreted to require a property owner to seek permission from Inyo County before trimming, maintaining, or removing a tree or vegetation in the streetside apron or on private property; provided, however, that this chapter shall not exempt a property owner from seeking the required permits from any county department should the trimming, maintenance, or removal of a tree or vegetation cause the property owner to engage in an ancillary activity, such as encroaching on a county highway, that would otherwise require a permit.

(Ord. 1257 § 3, 2020)

No plant that is reasonably anticipated within ten years to reach a size that would qualify it as a tree shall be placed in any streetside apron in Inyo County until the Inyo County public works department has, in their sole discretion, approved the kind, variety, and location of the tree and granted a permit for planting the tree.

In deciding whether to grant or deny a permit, the Inyo County road department may consider the following nonexclusive factors:

A. Whether the tree is of a type that can be reasonably anticipated to cause damage to or obstruct the county highway or streetside apron.

B. Whether the tree is of a type that can be reasonably anticipated to cause damage to surrounding properties.

C. Whether the tree is of a type that can be reasonably anticipated to thrive in the climate where it will be located.

D. Any other factors that the road department considers necessary due to the unique circumstances of the property.

(Ord. 1257 § 3, 2020)

The failure of a property owner to maintain the streetside apron adjacent to his or her private property in compliance with the standards described in Section 12.20.020 and/or to maintain their private property in compliance with the standards described in Section 12.20.030 is hereby declared to be a nuisance per se. Any county official may seek to abate a violation of Section 12.20.020 or Section 12.20.030 per the procedures described in Inyo County Code Section 22.12.050; provided, however, that if the failure to maintain the streetside apron or private property results in an encroachment in to the county highway or the county highway vertical clearance area, then the abatement procedures described in Section 12.20.070 shall apply.

(Ord. 1257 § 3, 2020)

Should a private property owner fail to maintain the streetside apron or their private property such that vegetation or trees encroach into the county highway or the county highway vertical clearance area, the following abatement procedures shall apply:

A. If an encroachment is determined to exist, the Inyo County road commissioner or his or her designee shall notify the involved property owner and/or legal occupant in writing.

B. The written notification shall contain the following information:

1. That the property is causing a prohibited encroachment on the county highway and/or county highway vertical clearance area;

2. That the property owner has sixty days to remedy the encroachment;

3. That, if the encroachment is not removed within sixty days, the county reserves the right to remove the encroachment and bill the property owner for costs incurred in removing the encroachment.

C. If the encroachment is not removed within sixty days, the Inyo County road commissioner shall send a second letter to the property owner or legal occupant informing him or her of the date on which the county will remove the encroachment.

D. Should the property owner fail to remedy the encroachment by the date stated on the second letter, the Inyo County road commissioner may perform all maintenance necessary to ensure the safety of the county highway and the preservation of the county highway vertical clearance area. All costs including, without limitation, reasonable administrative and attorney fees associated with the removal of the encroachment shall be charged to the property owner. Any fine and/or cost of removing the encroachment may be recorded as a lien against the property.

(Ord. 1257 § 3, 2020)