Irwindale Municipal Code Ch. 12.10 Trees and Landscaping in the Public Right-of-Way and Nuisances Created…

The purposes of this chapter are to provide authorization to the director of public works to plant, maintain, and remove trees and landscaping in the public right-of-way in his/her sole and absolute discretion and to prohibit nuisances created by trees and landscaping on private property including, but not limited to, hazardous conditions and sight obstructions that may impede pedestrians and/or vehicles in the public right-of-way.

(Ord. No. 680, § 1, 9-24-14)

The following words shall have the respective meanings assigned to them for purposes of this Chapter 12.10:

"City" means the city of Irwindale.

"Director" means the director of public works or his or her designee.

"Public right-of-way" means any city-owned or controlled property used for public travel and/or as a buffer between road use and private property, including the area along the public street between the curb and the sidewalk or, if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.

(Ord. No. 680, § 1, 9-24-14)

A. The director shall have the authority to take the following actions in his or her sole and absolute discretion:

1. Designate the type and species of trees and landscaping to be planted in public right-of-way and to cause the same to be planted; and/or

2. Perform maintenance on trees and landscaping in the public right-of-way so that said trees and landscaping do not interfere with, obstruct, or create any hazards or dangerous conditions to, users of the public right-of-way; and/or

3. Remove trees and/or landscaping in the public right-of-way that are dead, diseased, and/or cause a hazard.

B. Nothing herein shall be deemed to impose any duty, obligation, and/or liability on the director or city to exercise this authority at any time.

(Ord. No. 680, § 1, 9-24-14)

The director may perform maintenance on, or remove, trees and/or landscaping in the public right-of-way at any time when, in the reasonable judgment of the director, the condition of said tree and/or landscaping constitutes an imminent hazard to persons or property.

(Ord. No. 680, § 1, 9-24-14)

A. It is hereby declared a public nuisance for a property owner, or person in possession of private property, to maintain any landscaping, including any trees, shrubs, groundcovers, or other plants, on his or her private property in such a manner that one or more of the following conditions is present:

1. It is infested with a disease or insect, which in the opinion of the director, is infectious and may spread disease or insects to other trees or shrubs in the city;

2. It interferes with lawfully erected utility equipment constructed or maintained in the public right-of-way;

3. It interferes with or obstructs the flow of pedestrian or vehicular traffic or visibility of streets, sidewalks or intersections by any person or vehicle lawfully using the same;

4. It restricts visibility of any traffic-marking sign or street light;

5. It impedes the flow of runoff water along city curbs;

6. It interferes with the maintenance, repair or sweeping in the city's curbs, gutters or street surfaces;

7. It becomes diseased or weakened in such a manner as to be dangerous to persons or vehicles lawfully using the street or sidewalk;

8. It harbors rats or other vermin;

9. It is in such a condition due to overgrowth, disease, decay or death that it depreciates the aesthetic environment or property values of surrounding property;

10. It is otherwise a danger to the public health, safety or welfare.

B. Subject to the director's right to address an imminent hazard pursuant to Section 12.10.050(C), should a property owner, or person in possession of private property, create a nuisance in violation of Section 12.10.050(A), the director shall obtain compliance through the following procedures:

1. The director shall provide written notice of the nuisance conditions to the property owner, or person in possession of private property. The notice shall be served by First-Class U.S. mail and shall direct the property owner, or person in possession of private property, to abate the nuisance within thirty days of service.

2. Should the property owner, or person in possession of private property, fail to timely abate the nuisance as set forth in the notice, the director shall cause such work to be performed.

3. Should the director cause the work to be performed, the city shall be authorized to recover the cost of performing said work as follows:

a. The director shall cause a report to be prepared that specifying the work which has been done, the charges to perform said work, and the parcel(s) of property upon which the charges are proposed to be collected with the property taxes.

b. The director shall file the report with the city clerk, who shall fix a date, time, and place for a public hearing and for any objections or protests thereto.

c. The city clerk shall cause notice of the filing of said report and of the date, time, and place for a public hearing to be made as follows:

i. Notice shall be published pursuant to Section 6066 of the Government Code, as amended, prior to the date set for hearing, in a newspaper of general circulation printed and published within the city; and

ii. Notice shall be mailed at least fifteen days prior to the hearing to each person to whom any parcel(s) of real property described in said report is assessed in the last equalized assessment roll available on the date said report is prepared, at the address shown on said assessment roll or as known to the city clerk.

d. At the public hearing, the city council shall hear and consider all objections or protests, if any, to said report referred to in said notice and may continue the hearing from time to time.

e. Upon the conclusion of the hearing, the city council may adopt, revise, change, reduce or modify any charge or overrule any or all objections and shall make its determination upon each charge as described in said report, which determination shall be final.

f. On or before August 10 of each year following the final determination upon each charge, the city clerk shall file with the county auditor a copy of the report prepared with a statement endorsed on the report over his or her signature that the report has been finally adopted by the city council and that the county auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll.

g. The amount of the charges shall constitute a lien against the parcel of land against which the charge has been imposed as of noon on the first Monday in March immediately preceding the date of levy.

h. The county tax collector shall include the amount of the charges on bills for taxes levied against the parcel(s) of land. Thereafter the amount of the charges shall be collected at the same time and in the same manner and by the same persons as, together with and not separately from, the general taxes for the city, and shall be delinquent at the same time and thereafter be subject to the same delinquency penalties.

C. Notwithstanding Section 12.10.050(B) above, the director may abate the nuisance conditions set forth in Section 12.10.050(A) at any time when, in the reasonable judgment of the director, the condition of said tree and/or landscaping constitutes an imminent hazard to persons or property and providing notice and an opportunity to the property owner, or person in possession of private property, to correct the hazard pursuant to Section 12.10.050(B) is infeasible in light of the imminent hazard created. The director shall comply with the procedure set forth in Section 12.10.050(B)(3) to recover the cost of the work performed.

D. As an alternative to Section 12.10.050(B), the director may comply with the procedures set forth in Chapter 8.08 to abate the nuisance conditions set forth in Section 12.10.050(A).

E. The failure to deliver any notice required under this section or the failure of any person to receive such notice shall not affect the validity of any proceedings or actions taken by the city.

(Ord. No. 680, § 1, 9-24-14)