Ordinance 16-51 Enacting HCC Chapter 11.36, Vegetation in Rights-of-Way, Providing for the Removal of Vegetation

CITY OF HOMER
HOMER, ALASKA

City Manager

ORDINANCE 16-51

AN ORDINANCE OF THE CITY COUNCIL OF HOMER, ALASKA, ENACTING HCC CHAPTER 11.36, VEGETATION IN RIGHTS-OF-WAY, PROVIDING FOR THE REMOVAL OF VEGETATION THAT INTERFERES WITH THE REASONABLE PUBLIC USE OF A RIGHT-OF-WAY.

THE CITY OF HOMER ORDAINS:

Section 1. Homer City Code Chapter 11.36, Vegetation in Rights-of-Way, is enacted to read as follows:

Chapter 11.36

VEGETATION IN RIGHTS-OF-WAY

Sections:

11.36.010 Vegetation in rights-of-way.

11.36.020 Removal of vegetation in rights-of-way.

11.36.010 Vegetation in rights-of-way.

All or any part of a tree, shrub or other vegetation that is located in, over or under a public right-of-way in the city is subject to removal by the city as necessary for the reasonable public use of the right-of-way, including without limitation removal as authorized in HCC 11.36.020, regardless of whether:

a. The vegetation existed in, over or under the right-of-way before the granting, dedication or improvement of the right-of-way;

b. The vegetation was planted in the right-of-way by another person, including without limitation an owner of property adjacent to the right-of-way; or

c. The vegetation originated on property adjacent to the right-of-way, to the extent that limbs, branches or roots of the vegetation extend into, over or under the right-of-way.

11.36.020 Removal of vegetation in rights-of-way.

The city manager may cause the removal of all or any part of a tree, shrub of other vegetation that is located on, over or under a public right-of-way if the city manager finds that the vegetation:

a. Obstructs or interferes with the use of the right-of-way by vehicular or pedestrian traffic;

b. Obscures visibility to or from the right-of-way or otherwise constitutes a safety hazard;

c. Interferes with the maintenance of the right-of-way, including without limitation paving, grading, cleaning and snow removal;

d. Has the potential if not removed to damage pavement or other improvements in the right-of-way;

e. Has the potential if not removed to damage or interfere with the operation of overhead or underground public utility facilities in the right-of-way.

Section 2.  This ordinance is of a permanent and general character and shall be included in the City code.

ENACTED BY THE CITY COUNCIL OF HOMER, ALASKA, this 24th day of October, 2016.

CITY OF HOMER

____________________________________
BRYAN ZAK, MAYOR

ATTEST:

______________________________

JO JOHNSON, MMC, CITY CLERK

AYES:

NOES:

ABSTAIN:

ABSENT:

First Reading:

Public Reading:

Second Reading:

Effective Date:

Reviewed and approved as to form:

                                                                                                                                                                                                  
Mary K. Koester, City Manager                                                          Holly C. Wells, City Attorney

Date: _________________________                                              Date: _________________________