HomeMy WebLinkAboutOrdinance No. 0471CITY OF MEDINA
ORDINANCE NO. 471
AN ORDINANCE AMENDING SECTIONS OF ORDINANCE NUMBER 406
GOVERNING REMOVAL AND TRIMMING OF TREES GROWING IN THE PUBLIC
RIGHT-OF-WAY AND ADDING NEW REGULATIONS CONCERNING THE PUBLIC
RIGHT-OF-WAY.
THE CITY COUNCIL OF THE CITY OF MEDINA DO ORDAIN AS FOLLOWS:
SECTION 1. Section 1 Amended: Section 1 of ordinance 406
is amended to rea as follows:
Section 1: Pur ores and Polic Declared. This ordinance is
enacted as an exerc se o t e po ice power o the City of Medina
to protect and preserve the public peace, health, safety and
welfare. Its provisions shall be liberally construed for the
accomplishment of these purposes, giving apeeda1- consideration to
the legal and equitable rights of persons who own property
[4x;4".1i14ng; adjoining ("cb4 rights -of -way; [ia-that-those
It is in the public interest of the citizens of Medina to
regulate removal and trimming of trees within the public rights-
- of -way in order to prevent the needless removal of trees which
form an important part of the beautification of the public
streets and adjoining properties and to allow removal or trimming
of trees in the public rights -of -way which block views or light,
impair sight distances for drivers, create potential hazards to
users of the public eight -of -way and owners of [asdee-1p#a9]
adjoining property or which may cause similar nuisances or
azards.
This ordinance is intended to be a law of general
application for the public at large; it is not intended for the
particular benefit of any individual person or group of persons
other than the general public, and it is not intended to impose
liability on the City of Medina or its officers or its employees
running to individual members of the public.
Nothing contained in this ordinance is intended to be nor
shall be construed to create or form the basis for any liability
on the part of the City of Medina, or its officers, employees or
agents, for any injury or damage resulting from any person's
failure to comply with the provisions of this ordinance or by
reason of or in consequence of any act or omission in connection
with the implementation or enforcement of this ordinance.
SECTION 2. Section 3 Amended: Section 3 of Ordinance 406
is amended to read as follows:
Section 3. Applicants: Any person may submit an
application to remove or trim trees or other sight obscuring
shrubbery which is greater than ten feet (101) in heighth,
growing in the public right-of-way which block the applicant's
view, obstruct sun light, impair sight distances at driveways or
intersections or create potential hazards to life or property.
Any person who owns real property which [vnd®Tiiesl adjoins the
public right-of-way may submit an application to trim or remove
trees or shrubbery in such right-of-way for any reason. One or
more persons may join in submitting a joint application.
SECTION 3. Section 5 Amended: Section 5 of Ordinance 406
is amended to read as follows:
Section 5. Form of A licatiron: All applicants shall be
submitted to the C ty C erk on foms provided by the City and
shall contain the following information:
a. Street address or location description of property
[vnflET2ying] adjoining the rigbt-of-way.
b. Name and address of person requesting the permit.
C. Area map showing the applicant's property, the area of
right-of-way containing the tree or trees under consideration and
any property [ad3acaai-te] adjoining said rigbt-of-way.
d. Topographic map at a scale of not less than one inch
(1") equals one hundred feet (1001) showing the location of the
tree or trees under consideration and the location of the
buildings or structures on all property [ad3awwn4-io] adjoining
the right-of-way.
e. The number, location, diameter at approximately twenty
four inches (24") from the ground level, approximate height,
condition and type of tree or trees under consideration.
f. A written statement from the applicant describing the
extent and kind of cutting in question, the height to which it is
proposed the trees be cut and the basis for the relief
requested.
g. Upon request, the applicant shall submit such further
information as may be deemed necessary or useful by the Board of
Adjustment.
All applications for permits under this ordinance shall be
filed with the City Clerk at least thirty (30) days prior to the
hearing at which it is to be considered.
A fee of twenty dollars ($20.00) shall be paid at the time
the application is filed, provided that no fee shall be required
for applications in which relief is requested solely for purposes
of public safety.
SECTION 4. Section 6 Amended: Section 6 of Ordinance 406
is amended to read as follows:
Section 6. Re uirements for Approval. No application filed
under this ordinance shall a approved unless the Board of
Adjustment determines that the application meets the following
minimum requirements:
a. The application is compatible with the intent of the
Comprehensive Plan of Medina.
b. The application is consistent with the public interest
in maintaining an attractive and safe environment;
C. The application has no materially detrimental effects on
nearby properties;
d. Unless the application is submitted by or approved in
writing by the owners of all property [underlying] adjoining that
portion of the right-of-way containing the tree or trees to be
removed or trimmed, the Board of Adjustment shall take the
following additional factors into consideration:
i. Any trimming must not exceed the pattern of historical
maintenance in the area unless necessary to provide adequate
relief.
ii. The relief requested must not unreasonably interfere
with the Jundoslging] .ad 2 nines property owners' rights to the
use and enjoyment of t e�right-of-way including but not limited
to said owner's interest in landscaping, aesthetics, erosion
control, noise control; shade and development of the unimproved
portion of the right-of-way in a manner consistent with the
development of the adjoining and surrounding properties.
iii. The proposed trimming must not cause any unnecessary
mutilation or damage to the trees.
e. The Board of Adjustment shall issue a written report of
its findings setting forth the reasons for its decision.
SECTION 5. Section 7 Amended. Section 7 of Ordinance 406
is amended to read as follows:
Section 7. Notice. Not less than ten (10) days prior to
the Medina Board -oT 'Adjustment meeting at which the permit is to
be considered, the City shall post two (2) notices of the
application within three hundred feet (3001) of the tree or trees
to be trimmed or removed, shall post notice of the application in
all locations established by the City for posting notices of
meetings of the Board of Adjustment and shall mail notices of the
application to all persons owning property which [uadasiiaa]
adjoins that portion of the right-of-way containing the tree or
trees affected by the application.
SECTION 6. Section 8 Amended. Section 8 of Ordinance 406
is amended to read as follows:
Section 8. Im lamentatn and Costs. Any tree trimming or
removal governed y t s ordinioncae shall be performed by the City
of Medina, or by any contractor retained by the City, at the
applicant's expense. No action shall be taken by the City on any
approved application until the applicant has deposited funds with
the City sufficient to pay the actual or estimated cost of such
action. Provided, the Board of Adjustment may provide in the
approval of the application that the applicant may provide the
tree removal or trimming, if the application is submitted by or
approved in writing by the owners of all property [underiyiTtTl
adjoining that portion of the right-of-way containing the tree or
trees to removed or trimmed. At least ten (10) days prior to the
trimming or cutting of any trees authorized by a permit issued
pursuant to this ordinance, the City of Medina shall mail
notices to all persons owning property which Ja7rdwri+es•] adjoins
that portion of the right-of-way containing the tree or trees
affected by the permit, and any other persons who appeared at the
hearing for issuance of the permit and asserted an interest in
the subject of the permit, advising such persons that the permit
has been issued, that the appeal period has expired, and furtber
advising the date on or after which the trimming or cutting will
be performed. The notice shall include a copy of the permit, or
all pertinent information contained in the permit, stating the
trees and part of the right-of-way affected by the permit and the
telephone number at which further information can be obtained.
SECTION 7. Section 12 Amended: Section 12 of Ordinance
406 is amended to read as follows:
Section 12. Exempted Activities: The provisions of this
ordinance shall not apply to tre—e t�mming or removal by the City
of Medina for any purpose allowed by law. The provisions of this
ordinance shall not apply to tree trimming or removal by public
or private utilities holding a franchise from the City of Medina
for use of public right-of-way. The provisions of this ordinance
shall not apply to tree trimming by owners of the property
[uwds.r LpLaq] adjoining the right-of-way if such tree trimming
does not endanger—tFe life of the tree and the limbs involved do
not exceed three inches (3") In diameter. The provisions of this
SECTION B. General Provisions:
A. All owners of the property [uadaclgiag] adjoining the
right-of-way shall be responsible for maintaining all trees and
shrubberies and all landscaping placed in the right-of-way by the
owner and to insure that said trees, shrubbery and owner
installed landscaping do not interfere with the free passage of
vehicles and pedestrians or cause any risk of danger to the
public or property.
B. The owners of the property (usd"1-yiag] ad'oinin the
rigbt-of-way shall be responsible for maintenance and repairs of
any sidewalks located in the right-of-way.
C. No drainage way, ditch, culvert or pipe within the
right-of-way shall be filled in, enclosed in culverts or
otherwise altered or improved in any fashion without first
obtaining a rigbt-of-way permit.
D. No poplar, willow or cottonwood trees shall be planted
in theright of way after the effective date of this ordinance.
E. All provisions of this ordinance shall apply equally
whether the City's title to the right-of-way was obtained by
dedication, condemnation, deed or in any other manner.
F. for purposes of this ordinance, a person shall be
considered to adjoin only to the centerline of the right-of-way.
SECTION 10. Effective Date: This ordinance shall take
effect five (5) days after its publication or the publication of
a summary of its intent and contents.
PASSED BY THE CITY COUNCIL ON THE 9th DAY OF May , 1988
AND SIGNED IN AUTHENTICATION OF ITS PASSAGE THE ay of
May , 1988.
Pete Vall-Spino a, Mayor
Approved as to form:
Kirk R. � C ty.At�y
Attest:
�rg et E. Davis, City Cre—rT —
1• p, ,`� d ; hereby certify that I am tile �CCityClark
of G yy of Medina; that annexed hereto Is Ordinance Na
efi.
bcir.S tiv+b•_turc:cx:sU ery of such cniir . tvhichnas pubti5 an
ported accarJOn to tile laws of the State of Washington reinting to third•
class cities beginning fivo days or mo—ro b-0
-f0m Its Oactive date.
r
�ri��v'a"•- 0 v!tY Clark.c.a�
SEAL