(A) Findings.
(1) The city acknowledges that trees provide environmental, aesthetic, social and economic benefits to property owners and to the public at large. Specifically, trees increase property values, provide aesthetic value, provide shade and cooling, reduce energy costs, decrease wind velocities, provide erosion control, conserve energy, reduce stormwater runoff, and act as filters for airborne pollutants, reduce noise, provide privacy, provide wildlife habitat and food, sequester carbon, and release oxygen.
(2) Trees also present their share of challenges, particularly when not properly watered and cared for. Those challenges can include invasive and shallow root structures, which can cause damage to sewer and water lines, sprinkler systems, sidewalks, driveways, patios, and other hardscape, and even foundations of homes. Poorly watered and maintained trees can also fall or drop limbs, causing damage to persons and property.
(3) The proper care for shared responsibility trees is a shared responsibility of property owners and city government, because not only does the public at large benefit from shared responsibility trees, but the property owner personally and uniquely benefits from their particular shared responsibility tree. Property owners therefore are solely responsible for watering trees on their own property, even when those trees are shared responsibility trees. In addition, while there is no way in which to entirely control where the roots of trees travel, proper and adequate watering of trees is the principal manner in which to mitigate the impacts of roots. Accordingly, property owners are solely responsible for the effects caused by the roots of the trees on their own property, even when those trees are shared responsibility trees, including the effects caused by improper or inadequate watering of any such trees. The city is responsible for periodically evaluating and trimming or otherwise maintaining (other than watering) shared responsibility trees, and removing such trees when the city is on notice that a tree poses an undue risk of danger to person or property.
(B) Standards. The planning, planting, maintenance, alteration and removal of all city trees, shared responsibility trees and landscape materials shall be done in compliance with this code, including, but not limited to, Chapter 8.32 (Property Maintenance), Chapter 12.08 (Excavations in Public Rights-of-Way), and Chapter 17.70 (Landscaping, Fences, Walls, Hedges), as well as the Urban Forest Management Plan and any other applicable guidelines adopted by the city, including, but not limited to, the Residential Parkway Landscape Conversion Guidelines, the Landscape Design Guidelines for Residential Development, and the Landscape Design Guidelines for Commercial Development.
(C) Responsibilities other than watering. The planning, planting, maintenance (other than watering), alteration and removal of all trees and landscape materials in the parkway, or that encroach on the parkway, are assigned as follows:
(1) Property owner. To the owners of the property on which a parkway is located or of the property on which the encroaching landscape material originates, except as expressly assigned to the city in Section 12.22.050(C)(2) below. Among other responsibilities, property owners shall remove overgrown trees (other than shared responsibility trees), shrubs and other landscape materials and weeds in the parkway or that encroach on a parkway.
(2) City. The city is expressly assigned the responsibility to plan, plant, maintain (other than watering), alter and remove the following:
(a) All trees and landscape materials in parkways maintained as part of a landscape maintenance district or a community facilities district; and
(b) All shared responsibility trees.
(D) Watering. The watering of all trees and landscape materials in parkways is assigned as follows:
(1) Property owner. To the owners of the property on which a parkway is located, including shared responsibility trees, except as expressly assigned to the city in Section 12.22.050(D)(2) below.
(2) City. The city is expressly assigned the responsibility to water all trees and landscape materials in parkways maintained as part of a landscape maintenance district or a community facilities district.
(Ord. 3328 § 1, 2021)