Chapter XVII — TREES AND SHRUBS — Novato Municipal Code

17.3.13 shall apply.¶

(Ord. No. 1441 § 2(E))

17-3.8 Obstructing Visibility. No person shall plant, or maintain any trees, shrubs, hedges or other growth, which may in the opinion of the city engineer constitute a dangerous obstruction to the view of the operator of any vehicle approaching an intersection. Under the provisions hereof, the city engineer may require that, within 50 feet of such intersections, tree branches less than eight feet from the ground must be removed and hedges or shrubs must be limited to three feet in height. Such 50 foot measurement shall be made from the intersection of the lines of the public right-of-way irrespective of actual street improvements. Any tree, shrub or hedge not kept trimmed as herein provided is hereby declared a public nuisance and the provisions of 17-3.10 through 17-3.13 shall apply.

(Ord. No. 1441 § 2(E))

17-3.9 Authority Over Private Trees or Shrubs. The public works director may inspect any and all trees, hedges, shrubs and plants which are standing on private property and overhang or project into any public right-of-way to determine whether any of the same, or any part thereof, appears to be dead, liable to fall, dangerous, or an obstruction to public travel on any such right-of-way. Whenever a tree; shrub, or planting is on private property, in whole or in part and is determined by the city engineer to be a public nuisance; or which endangers life, health, or safety of the public; or which has become infested with parasites, insect pests, or disease which may

spread or scatter to street trees or shrubs, the director shall notify the property owner in the manner specified by this section that the nuisance shall be abated.

(Ord. No. 1441 § 2(E))

17-3.10 Expense of Nuisance Abatement. The abatement of a nuisance as defined in this section shall be at the expense of the responsible property owner.

(Ord. No. 1441 § 2(E))

17-3.11 Procedure for Nuisance Abatement.

Notice to Property Owner. Upon determining that a public nuisance exists, as provided in this section, the city engineer shall cause a written notice to be sent first class U.S. mail to the responsible property owner as listed on the current county assessor's roll. A copy of such notice shall be sent to the occupant of such property, if any. Said notice shall advise such property owner and occupant of the existence of the public nuisance, state the work necessary to remedy the condition and require the abatement thereof within a stated reasonable time or that same will be abated by the City of Novato and that the costs thereof shall be paid by such property owner upon billing therefor or shall become a lien against the property.

Appeal. Within ten days from the date of mailing the notice, any aggrieved person may appeal to the city council from the requirements of such notice. Such appeal shall be in writing and shall be filed with the city clerk. At the next regular meeting of the city council, it shall hear and determine said appeal and the decision of the city council shall be final. Notice of the city council's decision shall be given to the appellant in writing.

Removal or Correction by City. If the nuisance is not abated pursuant to the notice provided for in paragraph a of this subsection within the time prescribed in the notice, or within ten days of the giving of written notice of the decision of the city council on appeal, then the city engineer shall have the nuisance abated as provided in the notice unless otherwise directed in the decision of the city council on appeal.

(Ord. No. 1441 § 2(E))

17-3.12 Records to be Kept. The city engineer shall keep permanent records in which shall be entered the following information:

Identification of property upon which nuisance occurs;

Name and address of the property owner;

Date of mailing notice;

Date of hearing and decision on appeal, if any;

Description of work done in removing or correcting the nuisance;

Costs of abating the nuisance.

(Ord. No. 1441 § 2(E))

17-3.13 Procedure Making Expense a Lien on Property. After abating the nuisance, the city engineer shall deliver a copy of the records provided for above to the city clerk. The city clerk shall cause the property owner to be billed for the costs of removal or correction. Prior to August 1st of each year, the city clerk shall report to the county auditor the amount of such costs remaining unpaid, together with the assessor's parcel number of each property in question and the name of the property owner as shown on the current county assessor's roll. Thereafter the costs shall be a lien against the respective parcels charged therewith. The lien shall have the same character and effect and shall be collected in the same manner and at the same time as city taxes.

(Ord. No. 1441 § 2(E))

17-3.14 Injury to Trees and Shrubs. No person shall without a written permit from the city in the case of a street tree or shrub, do, or cause to be done by others any of the following acts:

Secure, fasten, or run any rope, wire, sign, unprotected electric installation or other device or material to, around or through a tree or shrub.

Break, injure, deface or destroy, or permit any fire to burn where it will injure, any tree or shrub.

Permit any toxic chemical, gas, salt brine, oil or any other injurious substance to be emptied on or about any tree or shrub, or emptied or spilled where it may drain or seep around any tree or shrub.

Excavate any ditch, tunnel or trench, or lay any drive within a radius of five feet of any tree or shrub.

Erect, alter, repair, or raze any building or structure without placing suitable guards around all nearby trees or shrubs that may be injured by such operations.

Knowingly permit any unprotected electric service wires to come in prolonged contact with any tree or shrub.

Remove any guard, stake, or other device or material intended for the protection of a tree or shrub, or obstruct any open space about the base of the tree or shrub designed to permit access of air, water, or fertilizer.

(Ord. No. 1441 § 2(E))

17-3.15 Interference. No person shall prevent, delay or interfere in the planting, pruning, spraying or removing of any street tree or shrub, or in the removal of stone, cement, or other substance about the trunk of any such tree or shrub, whether the work be performed by employees of the city or by an independent contractor, or his employees, engaged by the city to perform such work. Every person having any electrical conductor running along or through a public street, shall temporarily remove such conductor, or conductors, when it shall be necessary in order to take down or prune any tree located in, upon or along a public street, within 24 hours after the service upon the owner of such electrical conductor, or his or its agents, of a written notice from the city engineer to remove the conductor, or conductors, or the electricity therefrom.

(Ord. No. 1441 § 2(E))

17-3.16 Liability. Nothing in this entire section shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the property owner from the duty to keep trees, hedges and shrubs for which the owner is responsible, together with sidewalks and parkways, in front of such property in a safe condition.

(Ord. No. 1441 § 2(E))

17-3.17 Appeal. Any applicant under this section who may be dissatisfied with the action of the director or city engineer on his application may, within five days after notification of such action, file an appeal with the city council by written notice to the city clerk and within such period the council may, on its own motion, direct that the director's action be referred to it for review. The city council after considering the action of the director or city engineer and hearing the appeal or referral shall approve, modify, or overrule said action. The decision of the city council shall be final.

(Ord. No. 1441 § 2(E))

17-4 - Violations; Penalties; Enforcement.

17-4.1 Violations and Penalties. Any person, firm, or corporation, whether its principal, agent, employee, or otherwise, violating any of the provisions of this chapter, shall be deemed guilty of an infraction and upon conviction shall be punished as specified in subsection 1-5.1.

(Ord. No. 1441 § 2(E))

17-4.2 Enforcement. The following designated employee positions may enforce the provisions of this chapter by the arrest or issuance of citations. Persons employed in such positions and authorized to exercise the authority provided in Penal Code Section 836.5 are authorized to issue citations with the approval of the community development director for any violations of this chapter. The designated employee positions are:

Community development director; or

The designee of the community development director.

It shall be the duty of the chief of police of the city to render any and all necessary assistance to the community development director for the enforcement of this chapter.

(Ord. No. 1441 § 2(E))