Regular NECESSARY RESOURCES/IMPACTS (PERSONNEL): NECESSARY RESOURCES/IMPACTS (OTHER) Fiscal Impact NECESSARY RESOURCES/IMPACTS (FISCAL):

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1 CITY COUNCIL AGENDA Meeting Date: 10/06/2014 TITLE: Right of Way Trimming Policy Responsible Staff: Tyler Palmer Backup Material: Backup material attached Digital Presentation: Yes Other Resources: Other Non-City Resources: Regular 7. Information DESCRIPTION: The City of Moscow conducts right-of-way trimming to keep streets, sidewalks, signs and sight triangles in compliance with pertinent guidelines and requirements, and ensure the safety of the traveling public. This trimming also allows our maintenance staff to safely operate equipment, like sweepers, along the curb line to effectively clean our streets and keep undue debris from entering our storm drain system. We have made several updates to the program to make it more effective and user friendly over the years, and the adoption of a trimming policy and attendant changes to the Community Forestry Ordinance, Moscow City Code Title 5, Chapter 8, Section 11, by the City Council will be another step in establishing a more formalized trimming program. The largest change proposed in this policy and ordinance is misdemeanor liability and reimbursement/restitution to the City for trimming services conducted by the City on the owner of properties that require an hour or more of trimming by City staff to bring them into compliance. This was reviewed by the Public Works/Finance Committee most recently on September 22, 2014 and recommended for approval. STAFF RECOMMENDATION: 1. Approve ordinance amending Moscow City Code Title 5, Chapter 8, Section 11 under suspension of the rules requiring three complete and separate readings and that the ordinance be read by title and published by summary; and 2. If ordinance is adopted, approve right of way trimming policy. ACTION: 1. Approve ordinance amending Moscow City Code Title 5, Chapter 8, Section 11 under suspension of the rules requiring three complete and separate readings and that the ordinance be read by title and published by summary, consider ordinance on first reading and read by title, or take such other action deemed appropriate; and 2. If ordinance is adopted, approve right of way trimming policy, or take such other action deemed appropriate. NECESSARY RESOURCES/IMPACTS (PERSONNEL): NECESSARY RESOURCES/IMPACTS (OTHER) Fiscal Impact NECESSARY RESOURCES/IMPACTS (FISCAL):

2 N/A Community Forrestry City Code Update Rights-of-way trimming policy Attachments

3 ORDINANCE NO AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF THE STATE OF IDAHO; PROVIDING FOR THE AMENDMENT OF MOSCOW CITY CODE TITLE 5, CHAPTER 8, SECTION 11, ADDING A NEW SUBSECTION E ; PROVIDING FOR SPECIFIC CRIMINAL PENALTIES FOR VIOLATING ANY PROVISIONS OF MOSCOW CITY CODE TITLE 5, CHAPTER 8; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE BE DEEMED SEVERABLE; AND PROVIDING FOR THIS ORDINANCE TO BE IN FULL FORCE AND EFFECT FROM THE DATE OF ITS PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, Moscow City Code Title 5, Chapter 8 deals with community forestry, including the responsibility of property owners to keep areas of public rights-of-way free from obstruction from any tree or shrub or portion thereof; and WHEREAS, City s public trees and shrubs are divided into four (4) sections within the City limits; and WHEREAS, per Moscow City policy, the Moscow Street Department prunes public trees and shrubs obstructing or obscuring public rights-of-ways; and WHEREAS, City s Street Department trims one (1) of the four (4) sections each year resulting in each section being inspected and trimmed once every four (4) years, or as needed to ensure safety; and WHEREAS, the act of noncompliance with requirements of Moscow City Code creates a hazard and safety issue for the citizens of the City of Moscow; and WHEREAS, the City provides residents reasonable notice and opportunity to cure the noncompliance of the public and safety issues; and WHEREAS, violators of this provision of the Code results in the other residents of the City to unfairly bear costs to bring the specific area into compliance; and WHEREAS, council believes that holding violators accountable for noncompliance pursuant to law meets the purposes of the city code, and principles of fairness and due process; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOSCOW, IDAHO, AS FOLLOWS: SECTION 1: That Moscow City Code Title 5, Chapter 8, Section 11 be amended as follows: Sec Violations; Penalties. A. Damage to, or destruction of a public tree or shrub by any person except as provided lawfully herein may result in the assessment of fees against such person set at a rate not ORDINANCE COMMUNITY FORESTRY CRIMINAL ENFORCEMENT PAGE 1 OF 2

4 greater than the International Society of Arboriculture's replacement or appraisal value formulas for said damaged tree or shrub. Such fees shall be established by the Administrator utilizing said value formulas. B. Intentional interference with the Administrator in the performance of his or her duties so as to prevent, delay or otherwise interfere with the performance of his or her supervisory responsibilities outlined above is unlawful and a misdemeanor punishable pursuant to this Code and the Idaho Code. C. Failure to perform tree services in compliance with accepted and established arboricultural practices as outlined in the Arboricultural Standards and Specifications Guide of the City shall be a misdemeanor. Any person(s) convicted of a violation of this Chapter shall be fined pursuant to this Code and the Idaho Code. D. Failure to comply with the permitting and licensing provisions of this ordinance shall be a misdemeanor. Any person(s) convicted of a violation of this Chapter shall be fined pursuant to this Code and the Idaho Code. E. 1. Any person violating any provisions of this Chapter shall be subject to a misdemeanor charge, and upon conviction thereof, shall be punished pursuant to this Code and the Idaho Code. In addition to any fines imposed, violator shall be liable for reimbursement/restitution to City for costs incurred in abating said nuisance per City of Moscow tree trimming policy. 2. Each separate day, defined as a twenty four (24) hour period after a citation has been served that a violation of this Code occurs or continues, shall be deemed to constitute a separate offense and upon conviction thereof, shall be punishable as herein provided. SECTION 2: SEVERABILITY. Provisions of this Ordinance shall be deemed severable and the invalidity of any provision of this Ordinance shall not affect the validity of remaining provisions. The remaining sections of Title 5 shall be in full force and effect. SECTION 3: EFFECT ON OTHER ORDINANCES. Where the definitions contained in this Ordinance are in conflict with relevant portions of the City of Moscow, Idaho, Municipal Code, the definitions contained within those portions of the Moscow Municipal Code will be unaffected until such time, if any, as they are amended to be consistent with this Ordinance. SECTION 4: EFFECTIVE DATE. This Ordinance shall be effective upon its passage, approval, and publication according to law. PASSED by the City Council and APPROVED by the Mayor this day of, ATTEST: Bill Lambert, Mayor Stephanie Kalasz, City Clerk ORDINANCE COMMUNITY FORESTRY CRIMINAL ENFORCEMENT PAGE 2 OF 2

5 Introduction CITY OF MOSCOW RIGHTS-OF-WAY VEGETATION TRIMMING POLICY The City of Moscow conducts rights-of way vegetation trimming to keep the streets, sidewalks and sight triangles in compliance with State and City Codes, and to assure the safety of the traveling public. The trimming is also imperative to the sweeping program, as it allows equipment operators to sweep the curb-line in a safe and effective manner. Process For the Vegetation Trimming program, the City is divided into four (4) annual service areas. One (1) area is trimmed annually on a rotating basis; other specific property may be included outside the annual area to be trimmed on an as-needed basis. Property owners within each area will be notified in the Fall of the year, prior to their area being trimmed, with door hangers which provide information on the trimming program and which notifies them that City crews will arrive in the Spring to trim their area. The notice shall also provide background information on the program and contact information for the Public Works Department. Additional notification will be sent to property owners in the Spring, a minimum of two (2) weeks before crews start work in each portion of the service area being trimmed. This notification will provide the dates that crews will be in the service area. Property owners are encouraged to contact the City if they have any questions or concerns. Certified Streets crews will then inspect the area to assure compliance with City Code. They will conduct minor trimming as needed to bring properties into compliance at this time. Properties that are estimated to take one (1) or more hours to trim will be documented and passed along to the enforcement process. The Streets Maintenance Workers performing vegetation trimming shall be trained and certified by the City Arborist in proper trimming techniques. Complaints received for individual locations that are not within the service area for that year will be referred to Code Enforcement. Criteria for Trimming/Reimbursement Trimming will be conducted in accordance with Title 5 Chapter 8 of the City of Moscow Code. Property owners are encouraged to maintain their vegetation in compliance with the established criteria. Certified Streets crews will inspect each area and trim as needed to assure compliance with state and local regulations (City of Moscow Code Title 5 Chapters 8 and 14, and Idaho Code ). Minor trimming will be conducted at no direct cost to the property owner to assure compliance. For locations requiring an hour or more of trimming, the owner of the adjacent property will be notified of the violation and given ten (10) days to bring said property into compliance with Moscow City Code. If property is not brought into compliance after said notice, property owner will be issued a misdemeanor citation pursuant to Moscow City Code (E) and City will pursue reimbursement for the costs to the City to remedy the noncompliance with City Code. For the purpose of determining the reimbursement amount, the VEGETATION TRIMMING POLICY (2014) PAGE 1 OF 2

6 cost will include the wages for two (2) City Street Department employees per hour in addition to the cost of the required trimming equipment needed to perform the trimming work. VEGETATION TRIMMING POLICY (2014) PAGE 2 OF 2