17.12.030 Accessory uses

No fence, freestanding wall, retaining wall, rockery, or hedge in the setback area shall exceed six feet in height above the finished grade, except as noted below or in subsection (N)(3) of this section

17.32.015 Enforcement of hedge violations

A. Enforcement shall be initiated by written complaint to the building official by a directly affected individual. For the purposes of this section, a “directly affected property owner” shall mean an individual property owner whose property shares a common boundary line with the property of the alleged violator. Further, the complaint shall only involve the portion of the alleged nonconforming hedge that is within the setbacks of the common boundary line of the alleged violator and the directly affected individual.

B. The building official shall inspect the alleged violation and make a determination as to whether or not a violation exists.

C. If the building official finds that no violation exists, he/she will notify the complaining party in writing of the reasons why a violation does not exist.

D. If the building official finds that a violation exists, he/she will give written notice of the violation to the owner. Such notice shall explain why there is a violation, shall include a copy of the section of this chapter stating the violation, and shall specify the corrective action necessary to bring the hedge into compliance with this chapter. The notice shall give the owner 30 days to correct the violation.

E. Prior to sending a notice of violation, the building official shall attempt to meet personally with the complainant and violator to resolve the violation without the issuance of the notice.

F. Upon receipt of a notice of violation, the property owner may appeal the notice of violation to the town council within 14 days. The appeal shall be submitted in writing and shall detail the reasons why the hedge is not in violation of this chapter.

G. The town council, upon hearing the appeal, shall either affirm the decision of the building official that a violation of this chapter exists or find that there is no violation. If the council affirms decision of the building official, the property owner shall have 30 days to comply with the notice of violation.

H. Failure to comply with a notice of violation shall be a civil infraction with a fine of $71.00 per day for each day the violation continues in existence. (Ord. 549 § 1, 2005)

12.26.050 Public tree care

No fence, freestanding wall, retaining wall, rockery, or hedge in the setback area shall exceed six feet in height above the finished grade, except as noted below or in subsection (N)(3) of this section

A. The town shall have the right to plant, prune, maintain, and remove trees, shrubs, and plants within all town-owned rights-of-way and other public property as may be necessary to ensure public safety, including but not limited to the removal of hazardous trees and any vegetation that interferes with pedestrian or vehicular transportation, public utilities, or compromises any structures lawfully constructed within the town.

B. The town hereby adopts the American National Standards Institute (ANSI) A300 standards and the International Society of Arboriculture’s (ISA) Best Management Practices for the care of all vegetation within the town-owned rights-of-way and other public property, especially measures describing best practices, policies, techniques, and methods and procedures for pruning trees. Such information shall be available to all town residents for their personal use in the care of trees on private property.

C. Existing plantings, other than protected trees, may be maintained by the adjacent property owner without any notification to the town. Such care shall be at the adjacent property owner’s expense. (Ord. 612 § 5, 2010)

12.26.060 Citizen/property owner request for maintenance and removal of hazardous trees within the town-owned rights-of-way.

A. Any property owner immediately adjacent to a protected tree within the right-of-way may present to the town a request for the maintenance, or evaluation of the condition, of said tree. The request shall be on a form provided by the town and shall be accompanied by a report prepared by a qualified professional presenting an evaluation and recommendation for further action to be taken regarding the tree.

B. Upon receipt of such request, the tree board shall review the request and shall either approve or deny the request. The determination shall be based on evidence that the tree is hazardous or not. The decision of the tree board shall be final.

C. The expense for the property owner’s qualified professional report shall be paid by the property owner. In the event that tree removal or maintenance is required, the town shall reimburse the property owner for the qualified professional’s report, in an amount not to exceed $200.00.

D. As an alternative to subsection A of this section, the property owner may request, through the town, to have the arborist appointed by the mayor prepare the initial report. Payment for the report shall be as described in subsection C of this section. (Ord. 612 § 6, 2010)

To request the removal or inspection of a tree located in the Town's ROW, please complete the following form and submit to Town Hall. Request for Protected Tree Maintenance, Evaluation or Removal Form