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HomeMy WebLinkAboutRecord number DCC2023-00047 from respondent 8-7-2023 From: Don Lally <dosadon@gmail.com> Sent: Monday, August 7, 2023 9:22 PM To: Code Compliance Subject: Record number DCC2023-00047 Attachments: 15 omara complaint.docx You don't often get email from dosadon@gmail.com. Learn why this is important Hello Ken, Please see attached word document for my response to record number DCC2023-00047. Please let me know if there is something I missed, or did not cover in my response. If there is something else that you need from me please let me know and if possible give me an extra week or two and I will take care of it. Thanks, -Don 1 Default - 10 Not Met NCC 8.08.050 Street Tree Removal. 8.08.050 Street Tree Removal. Except as exempted by Section 8.08.040.B, no person shall remove a street tree without prior written approval obtained either through: A. The City Manager Decision Making Procedures detailed in Section 8.04.020 using the approval criteria in the Street Tree Removal Standards in the Urban Forestry Manual; or B. The City Board or Committee Decision Making Procedures detailed in Section 8.04.030. (Ord. 12-11 §1) Not Met I Notice 107/20/2023 No street trees were removed. I called the city before I removed them to verify that the location and size of the tress did not require a permit to remove, and I was informed that they did not need a permit. 6.02.020 Noxious Vegetation. 6.02.020 Noxious Vegetation. A. No responsible party shall allow noxious vegetation as defined in Sections 6.01.020.M.1 through 6.01.020.M.7 to be on the property or in the right-of-way abutting the property. B. The responsible party for a violation of subsection A of this section shall cut down or destroy grass, shrubbery, brush, bushes, weeds or other noxious vegetation as often as needed to prevent them from becoming unsightly or, in the case of weeds or other noxious vegetation, from maturing or from going to seed. C. No responsible party shall plant or allow to be planted on their property noxious vegetation as defined in Section 6.01.020.M.8. D. The responsible party for a violation of subsection C of this section shall remove or otherwise destroy the subject invasive and noxious plants. (Ord. 12-02 §1) 6.01.020 Definitions. As used in this title: M. "Noxious vegetation"means: 1. Weeds more than 10 inches high; 2. Grass more than 10 inches high and not within the exception stated in paragraph 9 of this subsection; 3. Poison oak, poison ivy or similar vegetation; 4. Vegetation that is likely to cause fire; 5. Blackberry bushes that extend into a right-of-way or across a property line; 6. Vegetation that is a health hazard; 7. Vegetation that is a health hazard because it impairs the view of the right-of-way or otherwise makes use of the right-of-way hazardous; 8. Any of the following invasive and noxious plants: Hedera helix L. (English ivy), Heracleum mantegazzianum (giant hogweed), Lythrum salicaria L. (purple loosestrife), Polygonum cuspidatum (Japanese knotweed), Rubus discolor (Himalayan blackberry); 9. "Noxious vegetation"does not include vegetation that constitutes an agricultural crop, unless that vegetation is a health hazard, a fire hazard or a traffic hazard, and it is vegetation within the meaning of this subsection. Not Met I Notice 107/20/2023 We were having the trees removed and moved our car to the front yard to prevent any damage from the tree removal. During the process of the tree removal we were not able to remove some of the weeds or grass around the parked car until the job was complete. Once this was finished we moved the vehicle and mowed the yard. ( See attached photos ) Blackberry bushes next to street were sprayed before complaint and removed. (See attached ) *44 CAD 6.02.030 Trees and Bushes. 6.02.030 Trees and Bushes. A. No responsible party shall permit branches or roots of trees or bushes on the property to extend into a right-of-way in a manner which interferes with its use. B. A responsible party shall keep the branches of all trees or bushes on the premises that adjoin the right-of-way, including an adjoining parking strip, trimmed to a height of not less than eight feet above a sidewalk and not less than 13 feet above a street. C. No responsible party shall allow to stand any hazard tree as defined in Chapter 8.02. (Ord. 12-11 §1; Ord. 12-02 §1) Not Met I Notice 107/20/2023 See attached photos showing right-of-way. I took picture around my entire property. FS' Ail In ,,,,,,, - .4A, lootiti..,,, ., . , tv.,. , . . - . ,__ , a2„..,,,,t, ,, 4e .,_. ,,... 1 . 0 ,,,„ ,... 1:, . _. L 1 ,L. ,, 0 .Ar "wp 11 1 db 6.02.120 Visual Clearance Requirements. 6.02.120 Visual Clearance Requirements. All property within the city must be maintained in compliance with the visual clearance requirements of TCDC 18.930.030. (Ord. 20-03 §5; Ord. 12-02 §1) 18.930.030 Vision Clearance Requirements A. At corners. Except within the MU-CBD zone, a vision clearance area must be maintained on the corners of all property adjacent to the intersection of two streets, a street and a railroad, or a driveway providing access to a public or private street. B. Obstructions prohibited. A clear vision area must be maintained free of vehicles, hedges, plantings, fences, wall structures, and temporary or permanent obstructions (except for an occasional utility pole or tree), exceeding 3 feet in height, measured from the top of the curb, or where no curb exists, from the street center line grade. Trees exceeding 3 feet in height may be located in this area, provided all branches below 8 feet are removed. C. Additional topographical constraints. Where the crest of a hill or vertical curve conditions contribute to the obstruction of clear vision areas at a street or driveway intersection, hedges, plantings, fences, walls, wall structures, and temporary or permanent obstructions must be further reduced in height or eliminated to comply with the intent of the required clear vision area. (Ord. 18-23 §2; Ord. 17-22 §2) Not Met I Notice 107/20/2023 See attached photos 3 ib K of .. v. p4^ sS+.--i. it ,,, izi, ..,,,,,... ...4. ! !I''''-_'''' -,-,;44'''''''`. "lel' 40 .M., ', ;' L� . �if b M I 461 , rk , i � M t ,r, c 13'' .1 %ac°ram .r' ®t" t`✓ 1 �' 2 may- f }v," /x of �I : lit, ? - -° f- tte...' Ilie" 1— ---- 0,0,4;;vt._,,,,-- r =_ _ r r, r' .'e __,._. 6.02.310 Streets, Sidewalks, and Public Pedestrian Easements. 6.02.310 Streets, Sidewalks, and Public Pedestrian Easements. A responsible party shall keep a public street or sidewalk abutting their property, or a public pedestrian easement over their property, free from earth, rock and other debris and other objects that may obstruct or render the street, sidewalk, or pathway unsafe for its intended use. (Ord. 21-03 §2; Ord. 12-02 §1) Not Met I Notice 107/20/2023 See attached photos showing right-of-way. I took picture around my entire property. Default - 10 Not Met NCC 6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian Easements. 6.02.320 Maintenance and Repair of Public Sidewalks and Public Pedestrian Easements. It is the duty of all persons owning property which has public sidewalks abutting the property, or public pedestrian easements over the property, to maintain and keep in repair the sidewalks or pathways and not permit them to become or remain in a dangerous or unsafe condition. "Maintenance"includes, but is not limited to, the removal of snow and ice. Any owner of property who neglects to promptly comply with the provisions of this section is fully liable to any person injured by such negligence. The city is exempt from all liability, including, but not limited to, common-law liability, that it might otherwise incur to an injured party as a result of the city's negligent failure to maintain and repair public sidewalks or pedestrian easements. (Ord. 21-03 §3; Ord. 12-02 §1) Not Met I Notice 107/20/2023 See attached photos showing right-of-way. I took picture around my entire property. 6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips. 6.02.330 Sidewalks, Public Pedestrian Easements, Curbs and Planter Strips. Maintenance of sidewalks, curbs and planter strips is the continuing obligation of the adjacent property owner. Maintenance of a public pedestrian easement is the continuing responsibility of the underlying property owner. (Ord. 21-03 §4; Ord. 12-02 §1) Not Met I Notice 107/20/2023 See attached photos showing right-of-way. I took picture around my entire property. 6.02.340 Encroachments Within Rights-of-Way and Public Property. 6.02.340 Encroachments Within Rights-of-Way and Public Property. Except as provided in Chapter 15.16, it is unlawful for any person to erect, or cause to be erected, any encroachment in, over, or upon any right-of-way, or public property without having first obtained a permit from the city engineer authorizing such action. (Ord. 18-20 §§1, 2; Ord. 12-02 §1) Not Met I Notice 107/20/2023 See attached photos showing right-of-way. I took picture around my entire property. 6.02.170 Storage in Front Yards. 6.02.170 Storage in Front Yards. Storage of boats, trailers, campers, camper bodies, house trailers, recreation vehicles or commercial vehicles in excess of 3/4 ton capacity may be stored in a required front yard in a residential zone subject to the following: A. No such unit shall be parked in a visual clearance area of a corner lot or in the visual clearance area of a driveway which would obstruct vision from an adjacent driveway or street. B. No such unit shall be used for dwelling purposes except that one camper, house trailer or recreational vehicle may be used for sleeping purposes by friends, relatives or visitors on land entirely owned by or leased to the host person for a period not to exceed 14 days in one calendar year; provided that such unit shall not be connected to any utility, other than temporary electricity hookups, and provided that the host person shall receive no compensation for such occupancy or use. C. Any such unit parked in the front yard shall have current state license plates or registration and must be kept in mobile condition. (Ord. 17-23 §1; Ord. 12-02 §1) Not Met I Notice 107/20/2023 Vehicle is fully operational and was parked in the front yard so as it would not be damaged during tree removal process. It's now parked back in the driveway. Same with the trailer that was parked next to it. Nothing was parked in an area that blocked a visual clearance. Section B does not apply. When tree removal operators were working in the yard they had their equipment setting out, but it was picked up at the end of each work day. We also would set an ice chest out for them so they could put there water in it. I - 6.02.220 Open Storage of Junk. (Inoperable Vehicles, Junk, Parts) 6.02.220 Open Storage of Junk. (Inoperable Vehicles, Junk, Parts) No person or responsible party shall deposit, store, maintain or keep on any real property, except in a fully enclosed storage facility, building or garbage receptacle, any of the following: A. An icebox or refrigerator, or similar container, which seals essentially airtight; B. Inoperable or partially dismantled automobiles, trucks, buses, trailers or other vehicle equipment or parts thereof in a state of disrepair; C. Used or dismantled household appliances, furniture, other discards or junk, for more than five days. (Ord. 18-12 §1; Ord. 12-02 §1) 6.01.020 Definitions. As used in this title: J. "Inoperable vehicle"means any vehicle which does not display a current state vehicle license or tags, which cannot be moved without being either repaired or dismantled, or which is no longer safely usable for the purposes for which it was manufactured. K. "Junk"means items that have no apparent utility or are in an unsanitary condition. Not Met I Notice 107/20/2023 Vehicle is fully operational and was parked in the front yard so as it would not be damaged during tree removal process. It's now parked back in the driveway. Same with the trailer that was parked next to it. In conclusion, I believe that all elements of the complaint have been satisfied or were not a valid complaint. Please let me know if there is further clarification or actions needed to complete this and I will be happy to work with the city to comply. -Don L.