It shall be the responsibility of the abutting property owner to maintain that portion of the public right of way outside the lot and property lines and inside the curb lines of the public streets (the "public parking"), except that the abutting property owner shall not be required to remove diseased trees or deadwood on the public parking. The public parking area shall be planted entirely with: a) turf grass; b) approved vegetative ground cover; c) permitted plantings, as planted and maintained at a height not to exceed forty eight inches (48") in an area located within thirty six inches (36") of a single mailbox that is used for U.S. mail delivery; or d) approved landscape materials or permitted plantings, as authorized in a right of way landscaping permit approved by the public works director, consistent with the standards set forth in this section. Notwithstanding the foregoing, the public parking must be easily traversable by individuals and any materials or plantings placed in the public parking may not: a) interfere with the ability of individuals to freely enter or exit their vehicles from or onto the public parking; b) interfere with the ability of motorists to see vehicles or pedestrians on the public right of way, including the public sidewalk or trail; or c) interfere with the use, maintenance of utilities or drainage of the right of way, all as determined by the public works director or his or her designee.
The term "approved vegetative ground cover" means a ground cover that does not grow higher than ten inches (10") and is of a species approved by the public works director. The term "permitted plantings" means nonwoody, thornless plantings. The term "approved landscape materials" means permeable landscape materials such as pebbles, wood chips or such other permeable materials as are approved from time to time by the public works director.
Maintenance of the public parking includes timely mowing, trimming of any permitted trees, shrubs and plantings, and picking up litter. Specifically, but not by way of limitation of the foregoing, the property owner shall maintain all grass areas or approved vegetative ground cover in the public parking to a height or length not to exceed ten inches (10"), except as otherwise specifically allowed in this section.
In the event the city or any public utility shall disturb the public parking for utilities or street work, the city or public utility shall restore any turf grass area to a similar condition existing prior to the disturbance, by reseeding such turf grass area. The city or public utility shall have no duty to replace any plantings, bushes or vegetation in the public parking other than turf grass. (Ord. 899, 11-6-2008)
(Code of Iowa, Sec. 364.12[2c and e])
Notes
| 1 | 1. Property owners within the city shall not be required to comply with this section until May 1, 2009. |