Piedmont Municipal Code § 3.12 Trees Obstructing Sewers

which interferes with, obstructs, or damages in any manner any public sewer, drain or pipe and is determined by the Director of Public Works or his designee to have a substantial effect on the public health, safety and welfare, is hereby declared to be a public nuisance.

the owner of the premises upon which such tree(s) is planted or grown of the determination of a nuisance, of the right of the owner to respond to the finding of a nuisance caused by trees on his property, and of the alternative as set forth hereafter to removing any tree(s) involved. The owner shall have the right to respond in writing or in person to the Director of Public Works within thirty (30) days from the date such notice is delivered to the property in question.

retain the tree(s), and is willing to execute a maintenance agreement, then subsection 3.10.5. hereafter shall apply. If the owner does not respond within such thirty (30) day period, or does respond, but in the reasonable opinion of the Director of Public Works is unable to refute the facts and circumstances upon which the finding of a nuisance is based, the Director of Public Works shall then require the owner to remove the offending tree(s) within ten (10) days after service upon the owner of written notice to do so, signed by the Director of Public Works. Any refusal or neglect to remove such tree(s) so situated shall be deemed a misdemeanor. The term "remove" as used in this Section 3.10.4 shall mean removal of the entire tree(s) above the ground and all parts of the tree(s) down to one foot below the ground level.

tree(s) within the time aforesaid, the Director of Public Works or his designee(s) may enter upon the premises where such tree(s) is grown, planted or being maintained, and may remove it, and the owner of the premises from which such tree(s) is removed shall be liable to the City for the cost of such tree removal. City may contract for such tree removal with a private party or company, if in the opinion of the Director of Public Works or his designee this is appropriate, and the cost of such tree removal shall be treated the same as if City staff had performed the removal.

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planted or grown executes an agreement in a form to be determined by the City, which agreement may be recorded at the option of the City and at the expense of owner, then the owner may be allowed at the discretion of the City to retain such tree(s). Any such agreement shall bind the owner to perform or for the City to perform or contract to be performed any maintenance and repair to a sewer, drain or pipe which is required in the opinion of the Director of Public Works or his designee due to damage by such tree(s), and further shall bind the owner to be fully responsible for and to hold the City harmless against any damage whatsoever to private or public property due to such tree(s).

cover all costs of such maintenance and repair, as well as all damages and expenses whatsoever related to such sewer at any time after a forty-five (45) day period has elapsed from the date an invoice setting forth such costs, expenses and damages has been mailed to the owner by City, to the extent such costs, damages and expenses have not been paid within such forty-five (45) day period. Such lien shall follow the procedures set forth in Sections 10.12.1-4 of the City Code, except that such lien may be placed and/or recorded at any time after such forty-five (45) day period has elapsed without any other time limitations. (Ord. No. 483 N.S., 8/3/87)