Ord 1997-033 - Laserfiche WebLink

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I I I Sec. 74.125. Clearance of tree limbs. It is unlawful for the owner or occupant of any property in the city to maintain or permit limbs of trees growing on the property to overhang or grow above the area between the property line and the curb line of any abutting street, unless the limbs and all branches and foliage are kept trimmed and pruned to a minimum of eight feet above the street level at the nearest curb line. Sec. 74.126. City manager authorized to remove or trim trees or shrubs. The city manager is authorized to remove, or cause to be removed, any trees or shrubs found between the opposite curb lines in any street in the city, and to trim branches, limbs or foliage of any tree or plant which overhangs or grows above the area between the opposite curb lines of any street, to provide a minimum clearance of eight feet above the street level at the curb line and graduated toward the center of the street to a clearance of 16 feet above street level. Sec. 74.127. Violations of article; notice. (a) The city manager or chief of police, may cause a written notice to be served upon the owner or occupant of any property upon which any violation of this article exists, to correct the violating condition within 10 days after the notice is served. Notice is deemed to have been served when hand delivered to the owner or occupant, or sent by regular mail to the occupant or to the owner at the owner's post office address, or posted on the property itself. If the condition is not corrected or remedied by the end of the 10 day period, the city manager is authorized to cause the tree or plant constituting the violation to be trimmed, pruned or removed to eliminate the prohibited condition. The owner or occupant of any property who fails to trim, prune or remove any tree or plant as required by this section within 10 days after service of the written notice, commits a misdemeanor offense. A separate offense is deemed to have been committed by the owner or occupant each day that any tree or plant is permitted to remain in violation of this article after the expiration of the 10 day correction period. (b) Any nurseryman, nursery employee or other person other than the owner or occupant of property affected by this article, who places, or causes to be placed, any tree or plant in violation of this article, is guilty of a misdemeanor. (c) If the city manager or chief of police determines that any tree, plant or fence in violation of this article constitutes an immediate threat to public health or safety, the city manager or chief of police is authorized to cause the tree or plant to be immediately trimmed, pruned or removed. Sec. 74.128--74.150. Reserved. SECTION 3. If any word, phrase, clause, sentence, or paragraph of this ordinance is held to be unconstitutional or invalid by a court of competent jurisdiction, the other provisions of this ordinance will continue in force if they can be given effect without the invalid portion. SECTION 4. All ordinances and resolutions or parts of ordinances or resolutions in conflict with this ordinance are repealed. SECTION 5. Any person violating any provision of this ordinance commits a misdemeanor and is subject to the penalty provided in Section 1.015 of the San Marcos City Code upon conviction. - 2 -