A. Every owner of any tree overhanging any street or right of way within the city shall prune the branches of said trees so that the light from any street lamp and the view of any street intersection or traffic control device or sign is not obstructed; said owner must maintain a clear space of at least eight feet (8') above the surface of the sidewalk and twelve feet (12') above the surface of the street. The owner shall remove all dead, diseased or hazardous trees, or broken or decayed limbs, which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight, or when it interferes with visibility of any traffic control device or sign. Failure of the property owner to comply with the order of the city's tree board after thirty (30) days' notice shall be deemed in violation of this section and the city may then remove or trim the tree or shrub at an assessed cost against the property.
1. The owner of any premises within the city shall be liable to any person who is injured or otherwise suffers damage by reason of the owner's failure to remove or trim the tree or shrub as set forth in this subsection A.
2. Furthermore, the owner shall be liable to the city of Umatilla for any judgment or expense incurred or paid by the city by reason of the owner's failure to satisfy any obligation imposed by this section.
B. No recourse shall be had against the city for damage or loss to persons or property suffered or sustained by reason of a failure to trim trees or shrubs as required by any provision of this chapter. (Ord. 789, 4-1-2014)