The purpose of this chapter is to protect the public health and safety by providing a procedure whereby any person wishing to plant or remove shrubs or trees, to place an object, or otherwise make any significant alteration in the public street right-of-way shall be required to apply for and obtain a permit from the city's public works department.
(Ord. 93-20 § 2)
As used in this chapter:
"City"
means the city of Cannon Beach, Oregon.
"Person"
means individual, corporation, association, firm, partnership, joint stock company, and similar entities.
"Public rights-of-way"
means and includes, but is not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.
"Within the city"
means territory over which the city now has or acquires jurisdiction for the exercise of its powers.
(Ord. 97-8 § 1)
The city has jurisdiction and exercises regulatory control over all public rights-of-way within the city under the authority of the city Charter and state law.
(Ord. 97-8 § 2)
The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement, or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.
(Ord. 97-8 § 3)
No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits.
(Ord. 97-8 § 4)
A. 
Tree Maintenance by the City. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the rights-of-way of all streets, alleys, avenues and lanes, as may be necessary to insure public safety, to preserve public access or to maintain or enhance the appearance of the street right-of-way. The city shall be guided by the comprehensive plan and the city's zoning ordinance and shall take only such actions that are consistent with those provisions.
B. 
Tree Maintenance by Private Property Owners. A private property owner shall obtain a permit from the city's public works department to plant, remove or otherwise significantly alter trees or shrubs within public rights-of-way abutting his/her property.
C. 
Objects Constructed or Otherwise Placed. A private property owner shall obtain a permit from the city's public works department for any improvement, i.e., paving, walkway, or any object, i.e., bench, ornament, rock, post, to be placed in or to be removed from the public street right-of-way abutting his/her property.
D. 
Destruction or Mutilation of Shrubs, Trees or Objects. Any person who either by carelessness or with purpose commits an act which results in the mutilation or destruction of any shrub or tree planted in the public right-of-way or any object placed or improvement constructed in the public right-of-way shall be in violation of the ordinance codified in this chapter.
(Ord. 9320 § 3)
A. 
A permit shall be obtained from the public works department before planting, removing or otherwise significantly altering any tree or shrub in the street right-of-way or placing or removing any improvement in the street right-of-way.
B. 
The following criteria shall be considered as part of the process of reviewing an application for a permit:
1. 
Maintains public safety;
2. 
Maintains adequate access for public use of the street right-of-way;
3. 
Maintains or improves the general appearance of the area;
4. 
Does not adversely affect the drainage or cause erosion of the adjacent property.
All of these criteria must be met in order for the public works department to issue a permit.
C. 
Upon issuance of a permit, property owners may plant trees or shrubs or place improvements in the public right-of-way abutting their property so long as the selection, location and planting of such trees or shrubs or the placing of an improvement is in accordance with the permit.
D. 
Nothing in the ordinance codified in this chapter shall be construed to prohibit a property owner from watering or fertilizing trees or shrubs or mowing other vegetation in the public right-of-way abutting his/her property.
E. 
Any tree, shrub or other object placed in the public right-of-way not in compliance with the provisions of the ordinance codified in this chapter shall be removed at the expense of the person who planted it or placed it there. The city shall direct the abutting property owner to do so under the provisions of Sections 8.04.170—8.04.230 of the Cannon Beach Municipal Code.
F. 
Nothing in the ordinance codified in this chapter shall be construed to supersede or replace the requirements of Section 17.70.020 of Chapter 17.70, Tree Removal, which requires a permit from the city prior to any tree removal.
(Ord. 93-20 § 4)
A. 
A permit shall be revoked if the public works department determines that conditions have changed so that the placement of a planting or object in the street right-of-way for which a permit was issued now adversely affects the public health or safety.
B. 
A permit shall be revoked if the condition(s) listed in the permit are not adhered to by the permittee.
C. 
When a permit is revoked, any tree or shrub planted or any object or structure constructed or placed in the public right-of-way shall be removed at the expense of the adjacent property owner, and the city shall direct that person to do so under the provisions of Sections 8.04.170 through 8.04.230 of the Cannon Beach Municipal Code.
(Ord. 93-20 § 5)
The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way, and does not obligate the city to maintain or repair any part of the right-of-way.
(Ord. 97-8 § 5)
The city council, upon the request of any affected property owner who disagrees with the decision of the public works department to issue or not issue, or to revoke or not revoke, a permit, shall hear the matter and make final decisions.
(Ord. 93-20 § 6)
Any person violating any provision of the ordinance codified in this chapter shall be, upon conviction or a plea of guilty, subject to a fine not to exceed five hundred dollars. If the violation of any provision of this chapter results in the injury, mutilation or death of a tree or shrub growing in the public right-of-way, the cost of repair or replacement shall be borne by the person in violation. The replacement value of the tree(s) or shrub(s) shall be determined in accordance with the latest revision of the council of tree and landscape appraisers evaluation method.
(Ord. 93-20 § 7)
Invalidity of a section or part of a section of this chapter shall not affect the validity of the remaining sections or parts of sections.
(Ord. 97-8 § 6)