A. 
Any owner of property that abuts or includes a portion of a public right-of-way shall trim or prune and maintain any tree, bush or similar vegetation planted on the property or right-of-way so that:
1. 
No portion of the tree or bush is less than 14 feet above any roadway or less than eight feet above any sidewalk or bike path;
2. 
No portion of the tree or bush lies on or in any roadway, sidewalk or bike path;
3. 
No portion of the tree or bush obscures traffic or similar signs planted in the right-of-way;
4. 
No portion of the tree or bush comes into contact or interferes with any telephone, power or similar wires or fixtures.
B. 
No property owner shall allow to stand dead, decaying, or hazardous trees, bushes or limbs thereof that would pose a danger to any person or property within the right-of-way.
C. 
Every property owner shall:
1. 
Maintain the tree or bush in a healthy condition;
2. 
Inspect the tree or bush for insects, disease, defect or hazard;
3. 
Treat or repair the tree or bush, as needed;
4. 
Remove or dispose of the tree or bush, if appropriate;
5. 
Replace the tree as may be required by the City.
D. 
No property owner shall allow the roots of any tree to interfere with sewer or water pipes, or so damage the curb or sidewalk as to cause a hazard. In the event of any of the above, the owner shall bear the expense of repairing the damage, which may include, at the City's discretion, removal of the tree.
(Ord. 1997-1 §1)
A. 
Every property owner shall be liable to any person who is injured or otherwise suffers damage by reason of the property owner's failure to satisfy the obligations of Section 8.10.010. Furthermore, every property owner shall indemnify the City of Molalla for all expenses, including attorney fees, incurred by the City in defense of, or paid by the City in settlement or satisfaction of, any claim, demand, action or suit brought by reason of the property owner's failure to satisfy the obligations of Section 8.10.010.
B. 
Any act or omission in violation of Section 8.10.010 shall be deemed a nuisance. The violation of any provision of Section 8.10.010 shall constitute a civil infraction, subject to the enforcement procedures of this code.
(Ord. 1997-1 §1)
No recourse whatsoever shall be had against the City, its Council, employees or agents for damage or loss to person or property arising out of property owner's negligent or otherwise wrongful maintenance, inspection, treatment, repair, removal, replacement, trimming or pruning of any street tree or bush, or for any act or omission in violation of this ordinance. Nothing in this ordinance shall impose liability upon the City.
(Ord. 1997-1 §1)
The City may act to correct a violation of Section 8.10.010, where the property owner is unable or unwilling to correct the violation in a timely and appropriate manner. The City's employees or agents are authorized to enter the premises to remedy the violation. The City may recover from the property owner the costs of the City's remedial efforts under this section.
(Ord. 1997-1 §1)