Rosemead Municipal Code Ch. 12.08 Street and Sidewalk Obstructions

For purposes of this chapter, the term "sidewalks" means a portion of a street other than the roadway, set apart by curbs, barriers, markings or other delineations for pedestrian travel.

(Prior code § 7200)

No person having charge, possession or control of any lot or premises, either as owner, lessee, tenant, builder, contractor, house-mover or otherwise, shall construct, deposit or maintain any structure, building or any obstacle or condition of any nature whatsoever, in or upon such lot or premises in such manner as to interfere with the free passage of pedestrians or vehicles along any sidewalk, parkway or street, or in such manner as to extend into or upon any sidewalk, parkway or street abutting on or adjacent to such lot or premises.

(Prior code § 7201)

A. No person owning, leasing, occupying or having possession, charge or control of any lot or premises, shall allow, keep or maintain any tree, bush or vegetation growing upon such lot or premises abutting any street, parkway or sidewalk so that the limbs, twigs, leaves or parts of such trees, bush or vegetation interfere with or obstruct the free passage of pedestrians or vehicles along or upon such sidewalks, parkways or streets.

B. Trees or bushes greater than fifteen (15) feet in height growing in or upon any lot or premises shall be deemed to interfere with and obstruct the free passage of pedestrians or vehicles upon said streets or sidewalks within the meaning of this section unless the lower limbs, twigs or leaves of such trees or bushes are kept removed at all times so as to have a minimum clearance of:

1. Thirteen (13) feet, six inches over that portion of state highways and major streets improved, designed or ordinarily used for vehicular traffic;

2. Eleven (11) feet over that portion of local streets improved, designed or ordinarily used for vehicular traffic;

3. Nine feet over the sidewalk and parkway area of all streets.

(Prior code § 7202)

Notwithstanding and in addition to the penal provisions of this code, set forth in Chapter 1.16, any obstruction maintained in violation of this chapter shall be deemed a nuisance, and upon failure to abate the same within twenty (20) days after the posting upon the premises of notice to abate the nuisance, the City Manager or his or her authorized agent may enter upon the premises and remove or eliminate the obstruction. In such event, the cost to the city of the abatement of the nuisance shall be a lien upon the premises, provided a claim therefor be filed within the time and in the manner prescribed in Section 1193.1 of the Code of Civil Procedure of this state. The cost of such abatement shall in addition be a personal obligation against the owner of the premises upon which the nuisance was maintained, recoverable by the city in an action before any court of competent jurisdiction.

(Prior code § 7203)

Notwithstanding anything in Section 12.08.040, the City Manager or his or her authorized agent may approve a plan for parkway use or development that will not be consistent with this chapter.

(Prior code § 7203.1)