5 - Recommendation on changes to City Code re: Sidewalk Vegetation Removal
CITY OF BOULDER
TRANSPORTATION ADVISORY BOARD
AGENDA ITEM
MEETING DATE: June 10, 2002
SUBJECT: Public Hearing and Consideration of a Recommendation to City Council on
the proposed Boulder Revised Code changes regarding Sidewalk Vegetation
Removal.
TO: TAB Members
FROM: Public Works Department
Tracy Winfree, Assistant Director of Public Works for Transportation
Stephany Westhusin, Transportation Projects Coordinator
Noreen Walsh, Transportation Planner
Office of the City Attorney
Walt Fricke, Assistant City Attorney
BOARD ACTION REQUESTED: Consideration of a recommendation to City Council.
PURPOSE:
The purpose of this memorandum is to provide the Board with background on the issue of
sidewalk vegetation removal and to propose revisions to the city code to address this issue.
BACKGROUND:
In the Spring of 1999, Transportation staff undertook a citywide sidewalk vegetation removal
effort to improve walking conditions for pedestrians. Branches and shrubs that hung over or
encroached upon the sidewalk were trimmed back. This helped to make the sidewalks more
usable and safe for pedestrians.
The 1999 sidewalk vegetation removal effort was intended to be a one-time city project to bring
the sidewalks up to a more walkable standard. From that point on it was intended that the
property owner would continue to fulfill that responsibility. Staff made a commitment to City
Council to work on was city code revisions so that this property owner responsibility was more
clear and enforceable.
Currently the code states that property owners must keep their sidewalks "in a safe, unobstructed
condition", but this section of the code tends to focus more on the issue of sidewalk repair and
replacement. The proposed code revision will more specifically address what an
obstruction/encroachment is and what the property owner is responsible for, the notification
AGENDA ITEM # Page t
period to the property owner, the enforcement and other follow-up actions from the city, and the
party(s) who are responsible for paying for the obstruction removal. Specific standards for
trimming are identified in the proposed code revision: 8 feet overhead clearance from sidewalks
and streets, 18-inch side clearance above 10 inches from sidewalks (except for flowers which
won't impede walking), and the standard corner sight triangles. The sight triangle and 18- inch
clearances are drawn from existing code requirements.
Attachment A includes the proposed revisions to section 8-6-8 of the Boulder Revised Code.
STAFF RECOMMENDATION
Staff recommends that the Board recommend the proposed revisions to the city code as shown in
Attachment A.
BOARD ACTION REQUESTED
Staff requests board recommendation to City Council on the proposed changes to the Boulder
Revised Code regarding Sidewalk Vegetation Removal.
If there are further questions or comments on this item, please contact Noreen Walsh at ext. 4301.
ATTACHMENTS
Attachment A - Draft Ordinance
AGENDA ITEM # Page 2
Attachment A
Draft Ordinance
AGENDA ITEM # Page 3
ORDINANCE NO.
AN ORDINANCE REPEALING SECTION 8-2-12, "STREET AND
GUTTER OBSTRUCTIONS PROHIBITED," B.R.C. 1981, AND
AMENDING CHAPTER 8-6, "PUBLIC RIGHT-OF-WAY AND
EASEMENT ENCROACHMENTS, REVOCABLE PERMITS,
LEASES, AND VACATIONS," B.R.C. 1981, TO ESTABLISH
RESPONSIBILITIES OF ADJACENT PROPERTY OWNERS
OVER PLANT MATERIALS AND OTHER ENCROACHMENTS
INTO THE PUBLIC RIGHT-OF-WAY, AND PROVIDING A
MECHANISM FOR THE CITY TO REMOVE SUCH
ENCROACHMENTS AND CHARGE THE OWNER THE COST
OF THE WORK IF THE PROPERTY OWNER DOES NOT
REMOVE THEM.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOULDER,
COLORADO:
Section 1. Section 8-2-12, B.R.C. 1981, is repealed.
Section 2. Section 8-6-2, B.R.C. 1981, is amended by the addition of a new definition to
read:
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Section 3. Section 8-6-3, B.R.C. 1981, is amended to read:
8-6-3 Public Right-of-Way and Public Easement Encroachments Prohibited.
No person shall erect or maintain any building, structure, fence, barrier, post, landscaping,
obl~strq tiWor other encroachment within, under, above, or upon any public right-of-way I)i
alley; or public easement without first obtaining permission from the city under this chapter unless
exempt under the provisions of Section 8-6-8, "Exempt Encroachments," B.R.C. 1981.
ection 4. Section 8-6-4, B.R.C. 1981, is amended to read:
8-6-4 Removal of Public Nuisances.
(a) Encroachments are Public Nuisances: An encroachment placed upon or maintained within
the public right-of-way or a public easement contrary to the terms of this chapter constitutes
a public nuisance that may be removed or enjoined and abated by suit or other action by the
city or any resident of the city.
(b) Order to Remove Encroachments: Whenever any encroachment exists or is located contrary
to the provisions of this chapter or when the city manager revokes a permit or lease granted
pursuant to this chapter, the manager will notify the person who made, located, caused,
allowed or permitted the encroachment, or who owns or controls the premises or property
adjacent to or for which such encroachment exists and order seelrtb4 person to remove 9ttek
the encroachment within such time that the city manager determines is reasonable under the
circumstances. Nptreertmder tlris subsecticfrt r5ts a? Qlt
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(c) City Manager May Remove Encroachments: If the person notified under subsection (b) of
this section fails to comply with the order to remove the encroachment, the city manager may
cause the encroachment or obstruction to be removed and may charge the cost thereof plus
up to fifteen percent of such cost for administration to the person so notified. If any person
fails or refuses to pay when due any charge imposed under this section, the city manager
may, in addition to taking other collection remedies, certify due any unpaid charges,
including interest, to the Boulder County Treasurer to be levied against the person's property
for collection by the County in the same manner as delinquent general taxes upon such
property are collected, under the procedures prescribed by Section 2-2-12, "City Manager
May Certify Taxes, Charges, and Assessments to County Treasurer for Collection," B.R.C.
1981. This civil remedy is in addition to any criminal action which the city may bring or
pursue for a violation of this chapter.
(d) Compliance with Order Required: No person shall place an encroachment in a public right-
of-way or public easement in a manner contrary to the terms of this chapter, or fail to comply
with an order to remove such an encroachment.
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re~rtaa plartf;
Section 5. Section 8-6-8, B.R.C. 1981, is amended to read:
8-6-8 Exempt Encroachments.
The following items are conditionally permitted to encroach on public rights-of-way or public
easements without obtaining a revocable right-of-way permit or a lease, subject to an order to
remove, without cause, by the city manager after ten days' notice:
(a) Landscaping: The following landscaping may be placed in the public right-of-way and
easements by;#ktri o~ner pr feiisitt flf property ~irm?~d#'~d~;~cettEt~i! Ica u~, ~htp(~,I;h
pJan4ltg -bcc tts, ur, s partuted m shah area *i 4' a, tsi :
(1) Landscaping required pursuant to other sections of this code;
(2) Landscaping required pursuant to an approved landscape plan as part of a
development review application;
(3) Landscaping which does not impair or impede the utility of the right-of-way or
easement for its designated purpose including attendant irrigation systems-,Ind
IC\PWMo-uim3.yv.wW 3 -
--(4)- Itsxtg sth ff.-andscaping whiekdoes not create any encroachment or obstruction
of sight distance, as set forth in Section 9-3.3-5, "Sight Distance," B.R.C. 1981 rays
tht =itsproTrtio#~wxLhmthergh NOW nbtkindt "Ctl
(4 mas a"
(5aateltrs.3andsig lauted of #b t?ice q i?c~ su(iseet~bn
X13 in i d thaC_ there Affi f _ . iofv flS W a
guar ttt~scde clarnee.fra#n r~ E.e atltt a111 ,ncs
bf ttae,, eatx, apt #tra leavers and sntuia ice! azibz V hicl hake no
ad A *W9V r # S!c' mb7?d
1 t ,ark e r atxt tlf
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rggustement of rntnutg fhe staidaxdsl end
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(b) Bicycle Racks: Bicycle racks in the public right-of-way, the location of which has been
specifically approved by the city manager. Bicycle racks in the public right-of-way are
public improvements that shall be dedicated to the city and accepted by the city manager
prior to installation.
(c) Fences: Fences in public utility easements, but not in public rights-of-way or public access
or emergency access easements, that meet the following criteria:
(1) Are designed and constructed in conformance with Section 9-3.3-6, "Fences, Hedges,
and Walls," B.R.C. 1981, and Subsection 10-5-2(dd), B.R.C. 1981;
(2) Do not obstruct or impede access to public utilities for construction, reconstruction,
and maintenance by the city or authorized agents;
(3) Do not obstruct or impede the conveyance of surface runoff in drainage swales or
drainageways;
(4) Maintain a six foot parallel separation from any city-owned and operated
underground utility, including, without limitation, water, sewer, and storm sewer
mains currently in place, except for easement crossings;
(5) Do not create any encroachment or obstruction of sight distance, as set forth in
Section 9-3.3-5, "Sight Distance," B.R.C. 1981;
K:IPWTW,-trim3.ytr.wpd 4
(6) Are designed and constructed with materials and in such a manner which permit ease
of removal by the property owner or the city in the event such removal is necessary
for the maintenance or proper use of the public easement; and
(7) Are covered by the property owner's homeowner's insurance policy at all times.
(d) Paving Material: Paving material or flatwork pursuant to an approved right-of-way
construction permit under Chapter 8-5, "Work in the Public Right-of-Way and Public
Easements," B.R.C. 1981.
(e) Retaining Walls: Retaining walls less than eighteen inches in height, that do not require a
subgrade foundation for support.
Section 6. This ordinance is necessary to protect the public health, safety, and welfare of the
residents of the city, and covers matters of local concern.
Section 7. The council deems it appropriate that this ordinance be published by title only and
orders that copies of this ordinance be made available in the office of the city clerk for public
inspection and acquisition.
INTRODUCED, READ ON FIRST READING, AND ORDERED PUBLISHED BY TITLE
ONLY this day of 20-
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
KAPWTB\o-m 3.W.wpd 5 _
READ ON SECOND READING, PASSED, ADOPTED, AND ORDERED PUBLISHED
BY TITLE ONLY this day of 20_
Mayor
Attest:
City Clerk on behalf of the
Director of Finance and Record
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