For the purpose of this chapter the following terms are defined:
“Abutter,” “abutting property owner,” “adjoining landowner” or “adjacent property owner” refer to an owner or possessor of land immediately abutting or adjoining the sidewalk or public right-of-way. Abutters include persons as defined in Section 1.04.010, commercial and industrial enterprises, public entities or municipalities such as the city.
“Groundcover” includes any plant or vegetation which does not exceed eighteen (18) inches in height.
“Maintain groundcover and trees” means to prune, trim, fertilize, irrigate, or treat for injury in a manner which will prolong the life span of a tree or groundcover, and in a manner which preserves and protects the condition and integrity of sidewalk improvements, and so as not to interfere with the public safety or convenience in the use of the sidewalk. “Maintain groundcover and trees” shall also include removal of weeds and/or debris, removal of dead or dying trees deemed to be a potential hazard by the city engineer, trimming of groundcover and/or trees within the area between the property line of the adjacent property and the street line, including parking strips and curbs, so that the sidewalk area will not endanger persons or property, and will be in a condition which will not interfere with the public convenience in the use of said sidewalk area except as to those conditions created or maintained in, upon, along, or in connection with such sidewalk area by any person other than the owner, under and by virtue of any permit or right granted to him, her or it by law and by the city, in which case such persons shall be under a like duty to repair and maintain.
“Maintain sidewalk improvements” includes all removal, repair and replacement of sidewalk improvements which are necessary in order to protect the public convenience in the use of said sidewalk area.
“Parkway” or “parking strip” refers to that portion of the sidewalk that is either unimproved and/or contains trees and/or groundcover. It shall also include driveway approaches and sidewalks existing between driveway approaches and driveways.
“Public right-of-way” includes land which by deed, conveyance, agreement, easement, dedication, usage or process of law is reserved for and dedicated to the use of the general public for street or highway purposes, including vehicular and pedestrian travel.
“Sidewalk improvements” refers to those portions of the sidewalk which have been enhanced for pedestrian use by concrete, asphalt, decomposed granite, or other hardscape material.
“Tree” includes any plant or vegetation which exceeds eighteen (18) inches in height. (Ord. 277 § 1. 2008; Ord. 183 § 1, 1998)