"Parkway," "easement" or "right-of-way"
means land owned by another over which the City has an easement
or right-of-way for street and related purposes. "Parkway" refers
to that portion of a street right-of-way which is available for landscaping,
and not for curb, gutter or pavement.
(95-04)
It is unlawful for any person to surface any portion of the
City-owned streets or parkways at any location in the City by paving
the same with concrete, asphalt, masonry, or any other hard surface,
without first obtaining a public works permit and an encroachment
permit.
(95-04)
No person shall excavate within the public right-of-way any
ditches, tunnels, trenches or irrigation lines with-out first obtaining
a public works permit.
(95-04)
Permits shall not be granted if it is determined that the planting,
surfacing or excavation would compromise the health of a City tree,
would interfere with utilities such as sewer laterals of or the access
to utilities, or would impede safe pedestrian or vehicular access.
(95-04)
It is unlawful for any person to have in any public parkway
of any public street any plant material, such as shrubs or ground
cover, that is more than thirty-six inches above the sidewalk level,
and no growth shall be allowed to obstruct any portion of an adjoining
sidewalk; provided, however, that the limitations contained in this
section shall not apply to street trees which may exceed the height
limitation of thirty-six inches, and which may branch over the sidewalk
at a minimum height of seven feet.
(95-04)
Whenever the City Traffic Engineer finds that any hedge, shrubbery
or tree growing within the public right-of-way obstructs the view
of any intersection, or any traffic upon the streets approaching such
intersection, he or she may cause the hedge, shrubbery or tree to
be removed or reduced in height.
(95-04)
Except in those specific areas where the City has formally accepted
maintenance through a development agreement or another instrument,
the duties of any owner of private property whose property has a City
parkway or easement on its street and related purposes are as follows:
A. To maintain and water any vegetation planted in the public easement area to no more than twelve inches, and to reduce the height of no more than thirty-six inches in compliance with Section
12.24.050; provided however, this section shall not apply to City trees; and
B. To
remove all vegetation, garbage, and debris from any sidewalk, swale
(improved or unimproved), or trail in the right-of-way easement over
his or her property.
(09-06)