National City Municipal Code Ch. 7.31 Landscape Maintenance

The provisions of this chapter shall apply to all properties within National City.

(Ord. No. 2010-2330, § 2, 3-2-2010)

Whenever the following terms are used in this chapter, they shall have the meaning established below:

A. "Code enforcement" means the code enforcement officer of the City of National City.

B. "Landscaping" means the use of architectural and horticultural materials to provide control of erosion, dust, weeds, and accumulation of litter in a manner complementary to the purpose of adding natural environmental quality to the premises. "Landscaping" includes the planting and maintenance of some combination of trees, shrubs, ground cover, vines, flowers, lawns, or other planting materials, other than weeds, providing shade, visual screening, aesthetic enhancement, soil conservation, and the removal or reduction of fire hazards, rodent harbingers, vermin, and disease-bearing creatures. In addition, the combination or design may include natural features such as rock and stone and structural features such as pools, artwork, screens, walls, fences, and benches. See also "fence" defined in Section 18.04.244 and

C. "Screening," defined in Section 18.04.585 of Title 18 Land Use Code.

D. "Landscape maintenance" includes sufficient irrigation, fertilization, pruning, trimming and training, and all other reasonable acts necessary to keep plants in a healthy vigorous condition. "Maintenance" also includes removal of weeds, dead materials, and accumulated litter, rubble or other foreign substances; and reseeding and replacement of dead plants and planting where necessary to restore a landscaped area to the level of coverage required of a new installation.

(Ord. No. 2010-2330, § 2, 3-2-2010)

It shall be the responsibility of each property owner to adequately maintain the landscaping of private property and the adjoining public street parkway landscape, except street trees. All landscaping shall be properly maintained. Trees located within public street parkways will be pruned and trimmed by city employees and not by private property owners.

(Ord. No. 2010-2330, § 2, 3-2-2010)

The city may plant, maintain, and remove designated trees on private properties adjacent to street rights-of-way where adequate rights of entry, as determined by the city, are in effect and written permission has been granted by the property owner relieving the city of liability.

(Ord. No. 2010-2330, § 2, 3-2-2010)

A. Any tree, shrub, or plant located on private property infested with a disease or insects which, in the opinion of code enforcement, is infections and may spread such disease or insects to other trees or shrubs in the city constitutes a public nuisance. Code enforcement shall give written notice to the property owner directing that such public nuisance be removed or abated within seven days. If such public nuisance is not abated or removed within seven days after notice is served, code enforcement is granted authority to direct employees to enter said property and spray, trim, prune, treat, or removed all or any part of the tree or shrub determined to be infested, or to otherwise abate or cause to be abated such public nuisance.

B. Any tree or shrub growing or standing on private property in such a manner that any portion thereof interferes with utility poles, lines, wires, or electric equipment lawfully erected, constructed, or maintained along any public street, sidewalk, or intersection thereof or with any person or persons lawfully using the same, or any such tree which has become diseased or weakened in such a manner as to be dangerous to persons lawfully using the streets or sidewalks constitutes a public nuisance. Code enforcement shall cause notice to be served upon such property owner directing that such public nuisance be abated or removed within seven days after said notice is served. Code enforcement is authorized to abate or cause to be abated such public nuisance by trimming, pruning, cutting, or removing all such portion of such tree, shrub, or plant as may be necessary to eliminate such interference, obstruction, or condition. Whenever it is necessary for code enforcement to direct the use of city employees to abate, removed, or cause to be abated or removed, public nuisance as contained in this section, the cost of such work performed by city employees shall be billed to the property owner at the cost of the work performed.

(Ord. No. 2010-2330, § 2, 3-2-2010)

Failure to comply with the onsite landscaping and maintenance requirements contained in this chapter constitutes a violation of the municipal code of this city and is a misdemeanor. Enforcement proceedings shall be the same as any other municipal violation case.

(Ord. No. 2010-2330, § 2, 3-2-2010)

All properties, as provided to herein, now landscaped, which are inadequately maintained shall be brought into compliance with this Title within six months 7of the date of adoption of the National City Municipal Code provided not less than thirty days' notice, in writing, shall be given to the owner and occupant of such premises to comply. All properties, as provided for herein, not now landscaped shall be landscaped whenever a building permit for structures valued sixteen thousand dollars or more is issued for the site. All other properties or portions of properties, not landscaped shall be kept free of rubbish, litter, debris, unused merchandise, unused building materials, machinery, or vehicular paraphernalia not essential to the occupancy of the premises. This section is not intended to repeal any provisions of any municipal ordinance, or any provisions of this title.

(Ord. No. 2010-2330, § 2, 3-2-2010)