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HomeMy Public PortalAboutOrdinance 286ORDINANCE NO. 286 AN ORDINANCE OF TEE CITY OF BE iUMONT, CALIFORNIA PROVIDING FOR INSPECTION OF TREES, SHRUBS AND PLANTS ABUTTING PUBLIC STREETS AND SIDEWALKS; PROVIDING FOR TIMMING OR REMOVAL THEREOF ON NOTICE, AND MALING EXPENSE OF SUCH TRIMMING OR REMOVAL CHARGEABLE TO ABUTTING OWNER. THE CITY COUNCIL OF T nE CITY OF aaEAUMONT DOES ORDAIN AS FOLLOWS: Sec„ 1: The City Street Superintendent of the City of Beaumont may inspect any and all trees, shrubs and plants, which are in any street, or which, standing on any private property, overhang or project into any such street, to determine whether any of the same, or any part thereof, appear to be dead, liable to fall, dangerous, or an obstruction to such public travel on any such street. The City Street Superintendent may cause the same or such parts thereof as are dead, liable to fall, dangerous, or an obstruction to such public travel, to be cut down, and if in any such street, to be re- moved therefrom. Sec. 2: Same Notice. Except in case of manifest public danger and immediate necessity, no such trees or shrubs standing on any private property shall be wholly cut down or removed unless ten days notice in writing of its intention to cause the same to be done shall be given by the City Street Superintendent to the owner or occupant of the estate nearest such tree or shrub. If the owner or occupant of such private property, shall within seven days after the giving of such notice, file with said City Street Superintendent his objection in writing to such removal, such tree or shrub shall not be cut down or removed, unless such City Street Superintendent shall give such owner or other proper person who has been given such notice, a reason- able opportunity to be heard in support of such objection and shall thereafter approve in writing, the removal of the same, if such objection is not sustained. Sec. 3: Liability. Nothing in this ordinance contained shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep trees and shrubs upon private property, under his control, together with sidewalks and parkways, in front of such private property, in a safe condition, Sec, 4: Condition of Trees. The owner of lots fronting on any portion of a public street, or if the area between the property line and the street is maintained as a park or parking strip, shall maintain any trees thereon in such condition that the trees will not endanger persons or property, and which will not interfere with the public convenience in the use of public streets. Sec. 5: Notice of Dangerous Trees. When any tree or part thereof appears to be dead, is liable to fall, is dangerous, or is an obstruct- ion to public travel, whether or not the tree or shrub is on any private property and overhangs or projects on any street, or is in any street or any public grounds of the City, the City Street Superintendent shall by notice in writing notify the owner or person in possession of the property to cut down, trim or remove the tree or shrub. Sec, 6: Same. Delivery. The notice mentioned in the preceding section may be given by delivering a written notice personally to the owner or to the person in possession of the property, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of the County of Riverside. Sec, 7: Lien. The notice shall specifically specify what work is required to be done and shall further specify that if the tree or shrub is not cut down, trimmed, or removed within ten days after notice, the City Street Superintendent shall perform such work, and the cost of the same shall be a lien on the property upon which such tree or shrub is located. Sec. 8: hemoval by City. If the tree or shrub is not cut down, trimmed, or removed as required by the notice, the City Street Superintendent shall forthwith perform such work. Sec. 9: Notice of Cost. Upon completion of the work, the City Street Superintendent shall cause notice of the cost thereof to be given in the manner specified in this Ordinance for the giving of notice to perform the work, which notice shall specify the day, hour and place when the City Council will hear and pass upon a report by the City Street Super- intendent, of the cost of the work, together with any objections or protests, if any, which may be raised by any person liable to be as- sessed for the cost of the work. Sec. 10: Assessment against Property. Upon completion of the work the City Street Superintendent shall prepare and file with the City Council, a report specifying the work which has been done, the cost thereof, a description of the real property ypon which the tree was located, and the assessment against the parcel of land proposed to be levied to pay the cost thereof. Sec. 11: Hearing. Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the City Street Superintendent, together with any objections which may be raised by any property owner liable to be assessed for the work of cutting down, trimming, or removing any tree or shrub. Thereupon the City Council shall make such modifications in the report as it may deem just, after which, by resolution, the report as submitted or as modified shall be confirm- ed. The decision of the City Council on all protests and objections shall be final and conclusive. Sec. 12: Special Assessment and Lien. The Cost of cutting down, trim- ming any tree or shrub may be assessed by the City Council against the parcel of property upon which same is located, and such cost so assessed if not paid within five days after its confirmation by the City Council, shall constitute a special assessment against the parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until discharged. Sec. 13: Recording of Lien. The City Council after confirmation of the report of the City Street Superintendent, may order a notice of lien to be delivered to the County Auditor, who shall enter the amount thereof on the County Assessment book opposite the description of the particular property, and the amount shall be collected, and shall be subject to the same penalties, together with all other taxes against the property. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary City Taxes are collected, and shall be subject to the same penalties and interest, and to the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary City taxes. Sec. 14: Private Arrangement. The City Street Superintendent may cut down, trim, or remove any trees in any street, or which over- hang any street, by private arrangement for reimbursement with the owner of the lot or parcel of land upon which, or fronting upon which the trees are situated. Sec. 15: Hedges on Corner Lots. Owners or occupants of any corner lot or premises in the City shall keep all hedges, and growth in the nature of hedges, at the corner of intersecting streets, whether on the sidewalk or within the lot or premises, so trimmed that the height thereof shall not exceed three feet above the curb level for a distance of thirty feet measured horizontally in any direction from the point of intersection of the property lines at street corners. Sec. 16: The City Clerk of the City of Beaumont shall certify to the adoption of this Ordinance and shall cause the same to be pub- lished once in the Beaumont Gazette, a newspaper of general circulation, printed, published, and circulated in the City of Beaumont, and thirty (30) days after its adoption, this Ordinance shall be in full force and effect. PASSED A D ADOPTED this 13th. day of March,1957. .,TEST: ded,"1,4,GA-• City Clerk. .yor of the City of Beaumont. I, BEhNICE CONINE, City Clerk of the City of r3eaumo ;.t, California, hereby certify that the foregoing Ordinance, being Ordinance No. 286 of the City of Beaumont, was introduced and read at a regular meeting of the City Council of the City of Beaumont, duly held on the 27th. day of February, 1957, and that the same was duly passed and adopted at a regular meeting of said City Council duly held on the 13th. day of Larch, 1957. AYES: COUNCIL :EN Nunez, Ward, Bridges, and Coverdale. NCE.: COUNCILIvJEN None, ABSENT: COUNCILMAN Carman. City Clerk,