HomeMy WebLinkAbout2015 CC Dead Tree Mandate 11-4-15City Council Agenda Item #9
Proposed amendments to Articles 45 and 50
November 4, 2015
Background
•Article 7 –45 of the City Code regulates the
maintenance of commercial property.
•Article 7 –50 of the City Code regulates the
maintenance of residential property.
•Both sections already have a definition of a nuisance
and allow the abatement of nuisances and situations
that threaten public safety through an administrative
process and fines (Article 3, Code Enforcement).
Proposed Code Changes
Article 7 –45 (Commercial property): Add dead trees to
the list of vegetation considered to be a nuisance on
commercial properties and refer to the definition in the
Tree Regulations.
Article 7 –50 (Residential property): Add dead trees to
the list of conditions considered to be a nuisance on
residential property.
Definition of a dead tree
The definition of a dead tree in the Tree Regulations (Article
15-50.020(i)) –
1)completely devoid of life;
2)has no leaves at a time when it should;
3)exhibits no buds if dormant;
4)is incapable of translocating food and water between
leaves and roots; or
5)has a high likelihood of imminent death in the opinion of
the City Arborist
Code Enforcement Process
About 10 times/year residents contact staff regarding
dead trees.
The situation is verified and followed up with a courtesy
letter to the resident.
Staff will determine whether the dead tree poses a
nuisance or risk to public safety.
Article 3 -Code Enforcement Process
Following the process outlined in Article 3, staff can:
•Follow up with a letter requesting abatement
•Issue a formal notice of code violation
•Provide a specified amount of time to abate the
situation
•Identify fines for failing to act by deadlines
•Record a notice of code violation on the title
•Proceed to an administrative hearing if necessary
Expected Results
Based on research with Mt. View, Cupertino and Menlo
Park, staff expects to resolve nuisance and public safety
issues with a notice of code violation and a deadline for
compliance in most situations.
Recommended Action
Adopt the resolution amending Articles 7-45 and 7-50 of
the City Code.