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579_00001ÒRDINANCE No.579 AN ORDINANCE REGULATING THE PLANTING,MAINTENANCE AND PROTECTION OF TREES,SHRUBS AND VEGETATION NEAR AND UPON RIGHT OF WAYS,SEWERS AND OTHER PUBLIC PLACES;PROVIDING FOR REMOVAL OR ABATEMENT OF NUISANCESCREATEDTHEREBY;PRESCRIBING PENALTIES AND REPEALING ORDINANCE No.346 Section 1.Title of Ordinance This Ordinance shall hereafter be referred to and cited as "The Tree, Shrub and Vegetation Ordinance,Moses Lake,Washington." Section 2 .Enforcing Authority The Park and Recreation Director or the City Engineer,herein called the enforcing authority,shall be charged with the enforcement of thisordinance. Section 3.Permission to Plant or Remove Trees No trees or shrubs shall hereafter be planted in or removed from anypublicparkingstriporotherpublicplaceintheCitywithoutpermission from the enforcing authority . Section 4.Approved Plantings All trees and shrubs hereafter planted in any public parking strip orotherpublicplaceinthecityshallconformandtakeintoaccountsuchIthingsasoverheadwires,sight obstruction,disturbance to hard surfaces (sidewalks,streets and curbs)and the beauty of the City of Moses Lake and the maintenance thereof in compliance with thisOrdinanceshallbetheresponsibilityoftheabuttingpropertyowner. Section 5 .Public Nuisance on Streets -Prohibition of Trees,plants,shrubs,or vegetation or parts thereof which so overhang any sidewalk or street,or which are growing thereon in such manner astoobstructorimpairthefreeandfulluseofthesidewalkorstreetby the public are public nuisances .It is the duty of the owner of the property wherein or whereon any such nuisances exist to abate the nuisancesbydestroying,removing,or trimming the growth. Section 6 .Prohibited Trees It shall be unlawful to plant in any public parking strip the followingtrees:Poplar,Willow,Cottonwood,Fruit Trees (except ornamental),Nut Trees,Siberian or Chinese Elm,and any other plant,shrub ortreespeciesthatmaybedeclaredanuisancehereafterbytheenforcingauthorityforreasonsofdisease,exotic characteristics or impairingiordestroyingpropertynecessarytothehealth,welfare and safety ofthecitizensoftheCityofMosesLake.Poplar,Willow,Elm orCottonwoodTreeshereafterplantedanywhereinthecitymustbeplacedatleastonehundredfeetawayfrompublicsewers. Ordinance No.579:2 Section 7.Removal or Abatement of Nuisance If any tree,plant,shrub or vegetation or part thereof in any other wayendangersorislikelytoendangerthesecurityorusefulnessofanypublic street,sewer or sidewalk or other public installations the same is hereby declared to be a public nuisance,and the City may remove or trim such tree or shrub or may require the property owner to remove or trim any such treeiorshrubonprivateproperty,or in a parking strip abutting upon said owner's property.Failure of the prolerty owner to remove or trim samewithinfifteendaysaftermailingofnoticeshallbedeemedaviolation of this ordinance and the enforcing authority may then remove or trim said tree and assess the cost against the abutting property owner thereof provided that before any lien for such costs may be assessed the enforcing authority shall send by certified mail a notice to the owner of the property as listed in the records of the County Assessor,at his last known address according to such records,which notice shall designate the premises with reasonable certainty and shall advise such owner that if the condition complained of is not remedied by the owners within fifteen (15)days from the date of mailing the City shall do so and assess the cost thereof against the property. The lien procedure shall be as prescribed in Section 10 hereof. Section 8 .Appeals Appeals from orders made hereunder may be made by filing written notice thereof with the enforcing authority within ten (10)days after such order is mailed,stating in substance that an appeal is being made from such order to the City Council.The enforcing authority shall thereupon call such appeal to the attention of the City Council at the next regular meeting, I at which meeting the appellant may present evidence .Action taken by the City Council after such hearing shall be conclusive. Section 9.Abuse or Mutilation of Trees Except to abate a nuisance as defined herein,it shall be a violation of this ordinance to damage,destroy,or mutilate any tree,shrub,or plant in apublicparkingstriporanyotherpublicplace,or to attach or place anyropeorwire(other than one used to support a young or broken tree), sign poster,handbill,or other thing to or on any tree growirgin a public place,or to cause or permit any wire charged with electricity to come in contact with any such tree,or to allow any gaseous,liquid or solid substance which is harmful to such trees to come in contact with their roots or leaves .Provided,however,that nothing contained herein shall preclude either the owner or occupant of real property from trimming orremovingtrees,shrubs and plants in the parking strip of such real property , subject to Section 3 above. Section 10 .Abatement of Nuisance and Lien Therefor If the nuisance is not abated by removal or destruction by the property owner within the time fixed in the notice the enforcing authority may abateithesameandheshallrenderabillcoveringthecostofsuchabatement,including the enforcing authority expenses,and mail the bill to the property owner.If the property owner fails or refuses to pay the bill immediately,or if no bill is rendered because he cannot be found,theenforcingauthority,in the name of the City,may file a lien thereforagainstsaidpropertywhichlienshallbeinthesameform,filed withthesameofficerandwithinthesametimeandmannerandenforcedand foreclosed as is provided by law for liens for labor and material. Ordinance No.579:3 Section 11.Penalty Violation of or failure to comply with any of the provisions of thisOrdinanceshallsubjecttheoffendertoafineinanysumnottoexceedThreeHundred($300.00)Dollars or to imprisonment in theCityJailforaperiodnotexceedingninety(90)days,or both suchIfineandimprisonmentinthediscretionofthecourt. Section 12 .Remedies Not Exclusive The remedies prescribed herein are in addition to all other remediesprovidedorauthorizedbylaw. Section 13 .Conflict Ordinance No.346 and all ordinances or parts of ordinances in conflictherewithareherebyrepealed. Section 14 .Validity Should any section,sub-section,paragraph,sentence,clause orphraseofthisordinancebedeclaredunconstitutionalorinvalidforanyreason,such decision shall not affect the validity of the remainingportionsofthisordinance. Section 15 .Effective Date This Ordinance shall be in full force and effect five (5)days from andiafteritspassage,approval and legal publication as provided by law. PASSED by the City Council and APPROVED by its Mayor this 26th day of March 1968. AT ity Clerk APPROVED AS TO FORM: Attorney