It is unlawful for any person to cut, girdle, trim, top, disfigure, remove, destroy or in any manner injure or to cause to be cut, girdled, trimmed, topped, disfigured, removed, destroyed or in any manner injured or to aid or assist in cutting, girdling, trimming, topping, disfiguring, removing, destroying or in any manner injuring a tree, shrub or plant growing or standing upon any street sidewalk, lane, alley or public park or place within the town without first having obtained a written permit from the Town Council to do so.
(Prior Code, § 12.44.010)
(A) The owner of a lot fronting on or adjacent to any portion of a street shall maintain any trees, shrubs, hedges or other landscaping along said street or within the street right-of-way adjacent to his or her property in such non-dangerous condition that the trees, shrubs, hedges or other landscaping will not interfere with the public convenience or safety in the use of the streets and sidewalks. Said owners shall maintain such street trees so that there is a minimum eight-foot vertical pedestrian clearance from the top of the sidewalk and a minimum thirteen-foot vertical clearance from the top of the curb or the edge of pavement if no curb exists, to any part of a street tree.
(B) For purposes of this part, maintenance of trees, shrubs, hedges and other landscaping includes but is not limited to: deep root altering, root pruning, installing root barriers, clearance and structural trimming, fertilizing, pest control, and removal of branches, leaves and other debris.
(C) Property owners required by this section to maintain trees, shrubs, hedges and other landscaping shall owe a duty to members of the public using public streets and sidewalks to maintain such trees, shrubs, hedges or other landscaping in compliance with provisions under this title in a safe and non-dangerous condition for users of the public streets and sidewalks.
(D) If any fronting or adjacent property owner fails to maintain any adjacent trees, shrubs, hedges or other landscaping in a non-dangerous condition as required by this section, and any person suffers damage or injury to person or property, the fronting or adjacent property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain these areas.
(E) The requirements of this section shall not apply to any sidewalk damaged by any tree, shrub, hedge or other landscaping installed and maintained by the Town of Fairfax.
(Ord. 713, passed 9-7-2005; Am. Ord. 801, passed 4-6-2016)
(A) The owners of lots or portions of lots adjacent to or fronting on any portion of a sidewalk area between the property line of the lots and the street line, including parking strips, sidewalks, curbs and gutters, and persons in possession of such lots by virtue of any permit or right shall repair and maintain such sidewalk areas and pay the costs and expenses therefor.
(B) For the purpose of this chapter, maintenance and repair of sidewalk area shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks, repair and maintenance of curb and gutters, removal of impervious paving materials from street tree planting strips, or other right-of-way landscape planters, removal of weeds and/or debris, tree root pruning and installing root barriers, trimming of shrubs and/or ground cover and trimming shrubs within the area between the property line of the adjacent property and the street pavement line, including planting strips and curbs, so that the sidewalk area will remain in a condition that is not dangerous to property or to persons using the sidewalk in a reasonable manner and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area.
(C) Anything in this chapter to the contrary notwithstanding, with respect to maintenance and repair of sidewalk areas and the making, confirming and collecting of assessment for the costs and expenses of said maintenance and repair, the town may proceed under the provisions of Cal. Streets and Highways Code Division 7, Part 3, Chapter 22 as the same is now in effect or may hereinafter be amended. Should the town choose to proceed under Cal. Streets and Highways Code Division 7, Part 3, Chapter 22, notwithstanding the provisions of Cal. Streets and Highways Code § 5614, the Director of Public Works may, in his or her discretion, and for sufficient cause, extend the period within which required maintenance and repairs of sidewalk area must commence by a period not to exceed 74 days from the time the notice referred to in Cal. Streets and Highways Code § 5614 is given. Costs recoverable by the town may include a charge for the Town of Fairfax’s costs of inspection and administration whenever the town awards a contract for such maintenance and repair and including the costs of collection of assessment for the costs of maintenance and repair or the handling of any lien placed on the property due to the failure of the property owner to promptly pay such assessments.
(D) The requirements of this section shall not apply to any sidewalk damaged by any tree, shrub, hedge or other landscaping installed and maintained by the Town of Fairfax.
(Ord. 713, passed 9-7-2005; Am. Ord. 801, passed 4-6-2016)
The property owner of a lot or portion of a lot fronting on or adjacent to any portion of a street or any portion of a sidewalk area between the property line of the lot and the street line, and any person in possession of such lot by virtue of any permit or right, shall owe a duty to members of the public to keep and maintain the sidewalk area in a safe and non-dangerous condition. If, as a result of the failure of any property owner or person in possession of the property, to maintain the sidewalk area in a non-dangerous condition, any person suffers injury or damage to person or property, the property owner or person in possession of the property shall be liable to such person for the resulting damages or injury. The requirements of this section shall not apply to any sidewalk damaged by any tree, shrub, hedge or other landscaping installed and maintained by the Town of Fairfax.
(Ord. 713, passed 9-7-2005; Am. Ord. 801, passed 4-6-2016)