Last Modified on 05/07/2009 09:06:03Chapter 34 TREES AND VEGETATION*
------------
Cross references: Encroachment of trees or shrubs on public right-of-way or easement, § 23-32; trees or shrubs interfering with access by solid waste collectors, § 27-42; streets and sidewalks, ch. 31; maintenance of land abutting street or sidewalk, § 31-10; obstructing visibility at intersections, § 31-13; neighborhood preservation, ch. 39; zoning, ch. 41.
State law references: Authority to plant trees along streets, A.R.S. §§ 9-499.01, 9-276(A)(1).
------------
Sec. 34-1. Petition of property owners.
Sec. 34-2. Resolution of intention by City Council– Required; contents.
Sec. 34-3. Resolution of intention by City Council– Publication and posting of notice.
Sec. 34-4. Resolution of intention by City Council– Protests to be in writing; hearing of protests; finality of decision by City Council.
Sec. 34-5. Acquisition of jurisdiction by City Council; final order.
Sec. 34-6. Diagrams to be prepared by Street Transportation Director.
Sec. 34-7. Performance of work under supervision of Superintendent of Streets.
Sec. 34-8. Account and statement of costs.
Sec. 34-9. Assessment of costs– Preparation; contents.
Sec. 34-10. Assessment of costs– Hearing; notice.
Sec. 34-11. Assessment of costs– Appeals; confirmation.
Sec. 34-12. Assessment of costs– Recordation by City Assessor; assessments to constitute lien.
Sec. 34-13. Abandonment– Petition, notice and hearing.
Sec. 34-14. Determination of kind and variety of trees and vegetation to be planted.
Sec. 34-15. Cutting, trimming or removal of trees and vegetation.
Sec. 34-1. Petition of property owners.
Whenever the owners of a majority of the frontage abutting upon any street or part thereof shall make and file with the City Clerk a petition requesting that the City plant or care for and maintain the grass, shrubbery or trees in the space between the sidewalk and roadway on such street, the City Council may, under the provisions of this chapter and in the manner and with the effect provided in this chapter, order and direct that the City assume such planting, care and maintenance.
(Code 1962, § 35-22)
Sec. 34-2. Resolution of intention by City Council– Required; contents.
Before ordering and directing the planting, care and maintenance of grass, shrubbery and trees on any street, the City Council shall pass a resolution of intention to do so briefly and sufficiently describing the work proposed to be done and specifying the date, as nearly as possible, at which and the period of time, not to exceed ten years, for which it is proposed that the City assume charge of such planting, care and maintenance. In the resolution of intention there shall be fixed a time and place for the hearing of protests respecting the proposed improvement, which time shall not be less than fifteen days from the date of its adoption.
(Code 1962, § 35-23)
Sec. 34-3. Resolution of intention by City Council– Publication and posting of notice.
The resolution of intention shall be published according to law. The Superintendent of Streets shall also cause to be conspicuously posted along the line of the street described in the resolution of intention, not more than three hundred feet apart and not less than three notices of the passage of the resolution. The notice shall be headed "Notice of intention to maintain grass plots," in letters not less than one inch in height and shall state the fact of the passage of the resolution, its date of approval and the work proposed and such notice shall refer to the resolution for further particulars. The resolution of intention shall be published and the notices posted at least ten days prior to the day fixed in the resolution of intention for the hearing of protests.
(Code 1962, § 35-24)
Sec. 34-4. Resolution of intention by City Council– Protests to be in writing; hearing of protests; finality of decision by City Council.
No protest shall be considered unless in writing and filed with the City Clerk before the day fixed for the hearing of protests. When protests are made, the City Council, at the time fixed for the hearing, shall proceed to hear and pass upon such protests and its decision shall be final and conclusive. The determination of the City Council may be made by motion.
(Code 1962, § 35-25)
Sec. 34-5. Acquisition of jurisdiction by City Council; final order.
(a) At the date fixed for the hearing of protests if none have been made or made and overruled, the City Council shall be deemed to have acquired jurisdiction to order the proposed planting, care and maintenance.
(b) Having acquired jurisdiction, the City Council shall, by resolution, order that the planting, care and maintenance described in the resolution of intention, be assumed. It shall be sufficient in such resolution to refer to the resolution of intention for a description of the planting, care and maintenance to be assumed, and the time when and the period for which it shall commence and continue.
(Code 1962, § 35-26)
Sec. 34-6. Diagrams to be prepared by Street Transportation Director.
Whenever the City Council orders the planting or care and maintenance of grass, shrubbery and trees in any street, the Street Transportation Director shall prepare a diagram showing the street to be cared for and maintained and each lot fronting thereupon, each being given a separate number. Such diagram shall also show the number of feet in each lot fronting upon the street. Such diagram, upon completion, shall be delivered by the City Manager to the Superintendent of Streets and the date of such delivery endorsed thereupon by the Superintendent of Streets. A similar diagram, but also showing any subdivision of any lot made since the preparation of the prior diagram, shall be prepared by the Street Transportation Director and delivered to the Superintendent of Streets on or before February 1 of each succeeding year during which the planting or care and maintenance shall continue.
(Code 1962, § 35-27; Ord. No. G-3313, § 1)
Sec. 34-7. Performance of work under supervision of Superintendent of Streets.
The work of planting or caring for and maintaining grass, shrubbery and trees shall be done and performed by the City through its Parks Department under the supervision of the Superintendent of Streets.
(Code 1962, § 35-28)
Sec. 34-8. Account and statement of costs.
The City Manager shall keep a full, complete and detailed account of all costs actually and necessarily incurred by the City for the planting, care and maintenance of the grass, shrubbery and trees ordered under the authority of this chapter. The account shall show the portion of the costs and expense incurred for such planting, care and maintenance in the space between the sidewalk and roadway in front of each lot upon the same side of the street. On or before February 1 of each year, the City Manager shall cause to be made and filed with the Superintendent of Streets a verified statement showing the total costs and expenses incurred during the year ending upon the preceding December 31 and also showing the portion of such costs and expenses incurred for such planting, care and maintenance in the space between the sidewalk and roadway upon the same side of the street and in front of each lot fronting upon the street so cared for and maintained during such period. In the account and statement herein required, it shall not be necessary to describe the lots but a reference thereto by their respective numbers upon the diagram prepared by the Street Transportation Director shall be sufficient.
(Code 1962, § 35-29; Ord. No. G-3313, § 1)
Sec. 34-9. Assessment of costs– Preparation; contents.
On or before March 1 of each year, the Superintendent of Streets shall make an assessment of the cost and expenses incurred in the planting, care and maintenance of the grass, shrubbery and trees in any street ordered under the authority of this chapter, during the year ending on the preceding December 31. The assessment shall refer to the street upon which such planting, care and maintenance has been assumed, the work done and shall show the entire amount of the costs and expenses incurred by the City pertaining to each lot for the cost and expense of planting, caring and maintaining the grass, shrubbery and trees in front of each lot and upon the same side of the street, during such period. Such assessment shall also show the name of the owner of each such lot if known and when the name of the owner is unknown, the assessment may be made to unknown owners and to the number of each lot, which shall correspond with the number of the same on the diagram. The diagram referred to in section 34-6 shall be attached to the assessment.
(Code 1962, § 35-30)
Sec. 34-10. Assessment of costs– Hearing; notice.
Upon the completion of the assessment provided for in the preceding section, the Superintendent of Streets shall notify the City Council to that effect. The City Council shall thereupon fix a time when it will hear and pass upon the assessment and proceedings thereto and all appeals respecting the assessment and proceedings. Notice shall be given by publication for five days in a newspaper published and circulated in the City. The time of hearing shall not be less than fifteen days from the date of the first publication of the notice.
(Code 1962, § 35-31)
Sec. 34-11. Assessment of costs– Appeals; confirmation.
Any person affected by or having any objection to the assessment provided for in section 34-9 or any of the proceedings thereto, may appeal to the City Council. An appeal shall be effected by filing with the City Clerk, prior to the day fixed for the hearing upon the assessment, a written notice briefly specifying the grounds of appeal. At the time fixed for the hearing upon the assessment, the City Council shall consider the assessment and hear and pass upon all appeals respecting the same or proceedings thereto and may remedy and correct any error, irregularity, defect or informality in the proceedings and may make any order which it shall deem just and proper. When no appeal is taken or when the orders and determinations of the City Council upon appeal have been complied with and the City Council is satisfied with the correctness and legality of the assessment, it shall by resolution confirm the assessment and its judgment therein shall be final and conclusive upon all persons entitled to appeal under the provisions of this section, and as to all errors, defects, irregularities and informalities not directly affecting the jurisdiction of the City Council to order the planting, care and maintenance.
(Code 1962, § 35-32)
Sec. 34-12. Assessment of costs– Recordation by City Assessor; assessments to constitute lien.
Upon the recordation of the resolution confirming the assessment provided for in section 34-9, the Superintendent of Streets shall immediately deliver a copy of the assessment, diagram and resolution confirming the assessment to the City Assessor, who shall note the amount of each assessment on the City tax assessment books against the respective lots and thereafter, the amount of each of the assessments shall be a lien against the respective lots assessed of the same character and effect and shall be collected in the same manner and at the same time as City taxes. When any lot assessed shall be assessed for City taxes in separate parcels, the assessment shall be entered against such parcels according to their respective frontage upon the street.
(Code 1962, § 35-33)
Sec. 34-13. Abandonment– Petition, notice and hearing.
Upon a petition signed by the owners of a majority of the frontage of the lots fronting upon a street, the planting, care and maintenance of which has been assumed by the City, being filed with the City Clerk petitioning that the planting, care and maintenance terminate, the City Council shall fix a time and place for the hearing of the petition and cause notice thereof to be given by publication for five days in a newspaper published and circulated in the City. The time of hearing shall be not less than fifteen days from the date of the first publication of the notice. At such hearing the City Council may, in its discretion, order the abandonment of all further planting, care and maintenance of such grass, shrubbery and trees assumed as provided in this chapter and may fix a time at which such planting, care and maintenance by the City shall cease.