HomeMy WebLinkAbout2003-035 Removal of Street Trees ORDINANCE NO 2003- 35
AN ORDINANCE relating to streets and sidewalks, empowering the Director of
Public Works to Authorize the removal of otherwise healthy
street trees, and enacting as a new section, section 8 80.200
of the City of Yakima Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 8 80 200 of the City of Yakima Municipal Code is
hereby enacted as a new section to read as follows
"8.80.200 Removal of Street Trees
A. For the purposes of this section, the following words and phrases
shall have the following meanings.
1) Adjacent Property Owner The owner of property subject to the
public right of way
2) Director of Public Works. The person appointed or employed by the
City as the Director of the Department of Public Works or their
designee
3) Public right -of -way or public area Land upon which the City of
Yakima has the right to construct a street, sidewalk, or bicycle path,
use for public utilities, landscape with plants or to carry out any
other public purpose
4) Street trees. Trees over four feet in height, measured from ground
level to the top of the topmost branch, on land Tying within rights -of-
way on either side of all streets, avenues, alleys, or other public
ways
5) Healthy Street Trees: street trees that are not dead, diseased or
dying
B The Director of Public Works may authorize the removal of a
healthy street tree when
1) The tree creates traffic safety concerns because it creates Sightline
(or traffic control signage) obstructions,
2) The tree interferes with power, telephone or cable lines or
underground utilities,
3) The tree must be removed because it has caused or is causing
damage to sidewalks, streets or curbs,
(Ik) ord trees 2 5- 28-03.jw
4) Removal is required to allow construction of a new driveway in
accordance with an approved curb cut.
C Whenever the Director of Public Works authorizes the removal of a
healthy street tree as herein provided, said authorization shall, whenever the
location allows suitable space, be conditioned on the replacement, of said
healthy street tree with a new tree or sapling of a species, planted in a manner,
and at a location approved by the Director of Public Works Removal of a street
tree as herein provided shall also be conditioned on the removal of debris and
stump(s) in a manner and at a time approved by the Director of Public Works All
costs of removal and replacement shall be the responsibility of the party
requesting removal
D The Yakima City Council, at the request of the adjacent property
owner, may authorize the removal of a healthy street tree when removal
promotes the public welfare "
Section 2 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and approved this 3rd day of
June, 2003
2/7 /.....(__
M Place, Mayor
ATTEST
By 4< 2
City Clerk
Publication Date 6 -6 -2003
Effective Date 7 -6 -2003
(Ik) ord trees 2 5-28-03.jw
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No
For Meeting of June 3, 2003
ITEM TITLE An Ordinance Relating to Streets and Sidewalks Empowering
the Director of Pubhc Works To Authorize Removal of Street
Trees
SUBMITTED BY Chris Waarvick, Director of Public Works
Jeff West, Prosecuting Attorney
CONTACT PERSON/TELEPHONE Chris Waarvick, Director of Public Works
575 -6411
SUMMARY EXPLANATION
Pursuant to Council direction at the May 20, 2003 meeting, the following ordinance
is attached for your review and action
The ordinance amends the long - standing policy of requesting City Council permission
for removing trees which are not dead, diseased, or dying and in the public right -of-
way, to a policy of allowing staff to provide such permission under the conditions and
replacement requirements found therein
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address) Phone
Funding Source Property owner's expense �J
APPROVED FOR SUBMITTAL. /� Manager
STAFF RECOMMENDATION Staff respectfully requests City Council to pass an
ordinance relating to streets and sidewalks, empowering the Director of Public Works
to authorize the removal of otherwise healthy street trees, and enacting as a new
section, Section 8 80 200 of the City of Yakima Municipal Code
BOARD /COMMISSION RECOMMENDATION
COUNCIL ACTION