(1) Responsibility: The controller, a homeowners' or business owners' association is responsible for maintaining all landscaping and screening devices within a subdivision and/or development and/or the subject property. (Ord. 2805, 11-2-2009)
(2) Maintenance: All landscaping and screening devices shall be maintained in an attractive, safe and healthy manner. Trees and/or shrubs located on controller's private property, within right of way or right of way area adjacent to controller's private property and/or having any portion of the trees and/or shrubs on controller's private property growing onto, within, over or under any right of way or right of way area adjacent to the controller's private property shall be maintained as follows: trees and/or shrubs shall not interfere with or impede any irrigation, drainage, or stormwater system, whether private or public, and shall be removed immediately to prevent any such interference or impediment; trees and/or shrubs presenting a safety hazard to the public shall be removed immediately; trees and/or shrubs shall be trimmed back and up such that no portion of trees and/or shrubs shall be within a ten foot (10') vertical height of any sidewalk and/or unimproved right of way, and a fourteen foot (14') vertical height of any street or alley; all vegetation and foliage shall be trimmed such that no portion of any vegetation or foliage grows over or onto any public sidewalk. Property with landscape areas littered with weeds or trash, where plant material (including, but not limited to, grass, trees, and/or shrubs) is dying or dead, where ponds or water features are growing moss or algae, and/or where trees and/or shrubs are not being maintained as noted above shall be considered in violation of this article and subject to city planning and zoning code enforcement and any other applicable penalties under this code. (Ord. 3010, 11-16-2015)
(3) Condition Kept: All properties, and the right of way or right of way area adjacent to properties, shall be kept in a hazard free, neat, orderly, and clean condition. Required and voluntary landscaping and landscaping areas shall be maintained in a healthy manner. Dead or dying landscape (including, but not limited to, grass, trees, and/or shrubs), weeds, trash, rubbish, and litter shall be removed immediately from all required and voluntary landscaping and landscaping areas, as well as all right of way and right of way areas adjacent to properties. Any item on property, as well as right of way and right of way areas adjacent to property, that presents a safety hazard, vision obstruction to vehicular or pedestrian traffic, and/or impediment to any private or public irrigation, drainage or stormwater system shall be removed immediately. (Ord. 2911, 9-4-2012)
(4) Tree Grates: Tree grates located within a public right of way must be widened as necessary to accommodate the growing tree trunk and prevent tree girdling.
(5) Damaged Plant Materials: Dead plant materials or plant materials exhibiting evidence of insect pests, disease or damage shall immediately be treated or replaced.
(6) Removal Of Weeds: Weeds shall be mowed, removed or otherwise safely mitigated on a minimum monthly basis. At a minimum, the monthly mitigation shall take place each month from April through October. The mitigation shall take place more frequently if necessary to prevent a nuisance condition.
(7) City Inspections: Periodic city inspections of all landscape plans approved after the adoption of this article may take place to assure compliance. (Ord. 2661, 1-7-2008)
(8) Enforcement: Any violation of this article may result in a code enforcement action as outlined in section 10-03-13 of this chapter. Further the city of Caldwell has the right to declare a property a nuisance and assume or contract maintenance work required to achieve compliance with this article. In such instances the nuisance abatement process shall be followed as outlined in chapter 7, article 11 of this code and associated expenses shall be levied and assessed in accordance with said nuisance abatement process. (Ord. 2805, 11-2-2009)
(9) Fire Safety Landscape Issues:
A. Dead and dying landscape shall be removed. The removal process shall adhere to all requirements of this code.
B. Permission for any burning of dry vegetation or other refuse must be obtained from Caldwell fire department.
C. Mature trees on unpaved lots shall be limbed upward to a height of approximately six feet (6') above ground level to protect the tree in the event of a grass fire.
D. Areas that have slopes nine percent (9%) or greater shall have a fire defensive zone between the structures and vegetative areas. The fire defensive zone area shall be determined by the Caldwell fire department.
E. Addresses on buildings and street name signs shall not be blocked or occluded by landscape material.
F. Landscape material shall neither visually obscure nor physically impede access to fire appliances including hydrants, fire sprinkler connections, post indicator valves (for sprinkler shutoffs), etc. (Ord. 2661, 1-7-2008)
G. Tree branches or limbs shall be trimmed to a height of seventeen feet (17') above the roadways to lessen damage to fire apparatus and to be consistent with article 8 of this chapter; this height limit shall also apply to fire lanes located on private property. (Ord. 2865, 6-20-2011)
H. Large bushes and/or trees shall not be planted directly outside of windows thereby impeding a person's ability to use them for fire escape purpose or reduce the Caldwell fire department's ability to rely upon them for fire or rescue purpose.
I. Low profile landscaping shall be applied within a three foot (3') radius of all fire hydrants in accordance with uniform fire code. Acceptable landscape includes mowed grass and mulch products. Landscape shall be placed in proximity to fire hydrants to create an adequate fire viewshed. (Ord. 2661, 1-7-2008)