Note: Prior ordinance history: Ords. 1697 and 524.
A. 
It is made the duty and routine obligation of all owners or occupants of land adjoining any improved right-of-way in the City to trim overhanging shrubs or trees and to remove any growth or fixed object which creates an unreasonable risk of harm to any person or property.
B. 
It shall be unlawful for the owner or occupant of any real property in the City to permit any tree, shrub, and any growth, or any fixed object located on the real property or the abutting right-of-way to overhang any sidewalk within the City at a height of less than eight feet; or to overhang any other traveled portion of any street or improved right-of-way within the City at a height of less than 12 feet. Trees, shrubs, and any growth or fixed objects which are not trimmed or placed so as to meet these specifications shall be deemed to present an unreasonable risk of harm to persons or property.
(Ord. 1999 § 1, 2009)
It shall be unlawful for the owner or occupant of any real property in the City to permit any tree, shrub, or other growth, or any fixed object located on the real property or the abutting improved right-of-way to partially or wholly obstruct the visibility of any traffic control devices for drivers, bicyclists, or pedestrians. Trees, shrubs, and any growth or fixed objects which are not trimmed or placed so as to meet the specifications in Table 12.12.015 shall be deemed to present an unreasonable risk of harm to persons or property. Wherever there is a conflict in traveling speed, the higher speed and greater sight distance calculations shall be used.
Table 12.12.015
Visibility Standards for Traffic Control Devices
When the traveling speed limit (mph) is:
Traffic signals must be visible from:
Stop, yield, speed, and crosswalk signs must be visible from:
All other signs must be visible from:
20
185′
125′
75′
25
210′
150′
90′
30
260′
200′
110′
35
310′
250′
130′
40
385′
325′
145′
45
460′
400′
165′
(Ord. 1999 § 1, 2009)
If the owner, agent, or occupant of any real property adjoining any street or sidewalk in the City fails, neglects, or refuses to trim overhanging shrubs or trees or to remove any growth or fixed object which creates an unreasonable risk of harm to persons or property within the time designated, the City Manager or designee may, for safety purposes, cause the trimming or removal to be accomplished and keep an accurate account of the cost of the labor and materials used, including legal, administrative, and engineering costs, for each lot or parcel of land and shall make available a report containing such information upon the City Council's request.
(Ord. 1999 § 1, 2009)
On completion of the trimming or removal by the City, the City Manager or City Finance Director shall determine the cost as defined in Section 12.12.020. The City Manager or City Finance Director shall send a bill for the costs, by regular mail, to the owner of the property or the owner's agent, to the same address as the notice to repair, or to any later known address. The bill shall advise the property owner or owner's agent that within 30 days, the owner or owner's agent must pay the bill in full; otherwise the City's actual cost of the removal activity will be entered onto the City lien docket and assessed to the property owner at an interest rate determined by Title 3 of the Milwaukie Municipal Code.
(Ord. 1999 § 1, 2009)
The owners of land adjoining any improved right-of-way in the City shall be liable to any person suffering injury by reason of failure to trim overhanging shrubs or trees or to remove any growth or fixed object which creates an unreasonable risk of harm to persons or property. The City disclaims any liability to any person suffering personal injury or property damage by reason of the owner's negligence in failing to trim overhanging shrubs or trees or to remove any growth or fixed object which creates an unreasonable risk of harm to persons or property. Said property owner(s) shall be liable to the City for any amounts which may be paid or incurred by the City by reason of all claims, judgment, or settlement, and for all reasonable costs of defense, including investigation costs and attorney fees, by reason of said property owner's failure to satisfy the obligations imposed by this chapter to trim overhanging shrubs or trees or to remove any growth or fixed object which creates an unreasonable risk of harm to persons or property.
(Ord. 1999 § 1, 2009)
The provisions of Chapter 1.08, "Short-form Uniform Complaint and Citation Method and Code Enforcement Procedures" may be used to enforce this chapter.
(Ord. 1999 § 1, 2009)
Violation of this chapter is punishable, upon conviction, by a fine not exceeding $100. When the violation is a continuous one, each day the violation continues to exist shall be deemed a separate violation.
(Ord. 1999 § 1, 2009)