CORE Tree Service

(A) No fence, wall, shrubbery, sign or other obstruction to vision between a height of 3 feet and 10 feet above the centerline grades of the intersecting streets shall be erected, placed, planted and maintained within the 33' by 33' triangular yard space formed by the intersection of the lot lines adjoining the intersecting streets for a distance of 33 feet from such intersection and a line connecting the ends of such lot lines as illustrated in Vol. II, Image 6-1.

(B) Where a conflict occurs between this requirement and the zoning setback regulations, Apache Junction City Code, Vol. II, Chapter 2, Subdivision Regulations and/or sight distance regulations provided in Apache Junction City Code, Vol. II, Chapter 10, Engineering Design Guidelines and Policies, the more restrictive provision shall apply.

Responsibility. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping within their own private property or on the adjoining right-or-way. Landscaping shall be maintained so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.

A. Olive Trees (Olea Europaea), are prohibited for reasons of their profuse production of allergy producing pollen. However, the “Swan Hill Olive” and the “Wilson Olive” varieties may be used due to their non-flowering non-pollen status.

D. Mulberry Trees (Morus), are prohibited as noxious pollen producers.

(C) Land maintenance and weeds.

1. (a) All persons owning or occupying land or places of business within the city shall keep the sidewalk or public places fronting or bordering their property free of weeds or grass in excess of 10 inches or when such conditions create a blighting condition or may harbor infestations; however, this section shall not prohibit the temporary storage of such material in authorized receptacles for collection.
   (b) Any landscaping, visible from public property or from beyond the lot boundaries, that is dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated or slumlike appearance is uncared for and any weeds, tall grass, shrubs or growth (whether growing or otherwise) higher than 10 inches, or any dead trees, bushes, shrubs or portions thereof, including stumps, or any palm or similar type tree having dead or dry fronds descending downward from the base of the lowest living frond more than 8 feet or dry fronds longer than 5 feet and closer than 8 feet to the ground, shall be removed and disposed of in a lawful manner.
2. No owner or occupant of land shall allow or permit trees, shrubs, or plant growth on that land to impede, obstruct, or interfere with vehicular or pedestrian passage on any street, sidewalk, or alley within the city or allow such overgrowth to interfere with the visibility of passing traffic or obstruct traffic control devices or signals.
3. No owner or occupant of land within the city shall allow plant growth which is dead, or so dry as to be readily flammable or combustible on such land that may constitute a fire hazard or other threat to the public health or safety.
4. No owner or occupant of a parcel of land within the city shall allow thereon weeds or grass which reach a height of 10 inches or more. This provision shall not apply to single residence rear yards not visible from the adjacent right-of-way or to crops supporting bona fide livestock grazing where lawful or on lots where the dwelling is at least 100 feet from the public place or public right-of-way except that the first 50 feet viewable from the public place shall be governed by this section, unless otherwise determined to be a fire or health hazard. All structures shall have a 30-foot buffer zone.
5. No person shall offer to sell, sell, or plant any male mulberry tree (morus alba) or olive tree (olea europea) in the city unless it is one of the nonpollinating varieties of such trees.

(c) All exterior property including yards, ground covers, trees, shrubs or other landscaping; and any exterior surfaces of any buildings or structures including, but not limited to, fences, walls, or roofs or appurtenances including, but not limited to, windows, window frames, window screens, doors, garage doors, door frames, canopies, awnings, cornices, porches, stairways, railings or similar items shall be properly maintained and shall not otherwise present a blighted or deteriorated appearance.

(d) No owner or occupant of any property shall allow or permit any trees, shrubs or other plant growth on the property to (1) impede, obstruct or interfere with the free passage upon any public street, sidewalk or alleyway; (2) obstruct the visibility of drivers; or (3) interfere with any traffic control device or signs or street lighting. Tree limbs must be maintained to hang no lower than thirteen (13) feet above any public street or alleyway and eight (8) feet above any public sidewalk. Trees below eight (8) feet, shrubs or other plant growth must be maintained away from any public sidewalk.

(i) No person shall allow any landscaping conditions that contribute to visual blight including, but not limited to, dirt yards or vegetation of any kind that is substantially dead or damaged or characterized by uncontrolled growth or lack of maintenance or any similar conditions. All landscaped areas shall be finished with a natural topping material including, but not limited to, turf, groundcover, planting, decomposed granite, river rock, expanded shale, native stone or bark. Ground cover consisting of crushed rock, gravel or similar materials shall be maintained at a sufficient depth that covers all exposed areas of dirt. Parcels with existing undisturbed natural desert vegetation are exempt from this Subsection.

(j) No person shall allow any palm tree to have an excessive accumulation of dead or dry fronds that descend downward from the base of the lowest living frond that may result in insect or other infestations or result in other conditions that are likely to become a hazard to public health or safety.

(e) Landscaping. All premises, including common areas, shall be kept free from any conditions that contribute to visual blight including, but not limited to, dirt yards, un-landscaped areas or vegetation of any kind that is substantially dead or damaged characterized by uncontrolled growth or lack of maintenance.

It shall be unlawful for any person to maintain or allow any tree, hedge, billboard, or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk. (Code 1971, § 11-1-38)

Section 9-1-13 - Unobstructed Passage in Streets and Alleys

A. It shall be a violation of this code for any person to permit trees, shrubs or brush growing upon their property to encroach on or over any public right-of-way so as to interfere with the movement of persons or vehicles. It is the responsibility of the responsible party to trim trees or shrubbery on their property and in the adjacent right-of-way back to their property line and allow for an eighteen (18) foot height clearance.

(Ord. No. 15-13, § 3, 9-17-2013)

The following plants produce large amounts of allergenic, airborne pollens which are noxious and contribute to human disease and the health problems of citizens of the city:

A. Male Mulberry Tree (Morus Alba).

B. Olive Tree (Olea Europea).

(Ord. No. 15-13, § 3, 9-17-2013)

A. No Male Mulberry Tree (Morus Alba) or Olive Tree (Olea Europea) shall be sold in the city.

B. The sale of a Male Mulberry Tree (Morus Alba) or Olive Tree (Olea Europea) constitutes a public nuisance.

C. No Male Mulberry Tree (Morus Alba) or Olive Tree (Olea Europea) shall be planted in the city.

D. The planting of a Male Mulberry Tree (Morus Alba) or Olive Tree (Olea Europea) in the city shall constitute a public nuisance.

E. The prohibitions set forth in this section shall specifically exclude non-pollinating varieties of Olive and Male Mulberry Trees.

F. The prohibitions set forth in this section shall exclude any varieties of Male Mulberry Tree (Morus Alba) or Olive Tree (Olea Europea) that have been granted exclusion. The city shall maintain a current list of granted exclusions, which shall be available for public review.

(Ord. No. 15-13, § 3, 9-17-2013)

A. It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevents persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic or traffic signs and traffic control devices when approaching an intersection or pedestrian crosswalk.

B. It is unlawful for any person to permit trees, shrubs or growth to overhang, impede, obstruct or interfere with the passage of pedestrians or vehicles on any street, sidewalk, alley or public place.

(Ord. No. 34-10, § 2, 11-16-2010)

H116.1 General. Persons owning leasing, controlling operating or maintaining buildings or structures in, upon, or adjoining hazardous fire areas and persons owning, leasing, or controllingland adjacent to such buildings or structures, shall at all times:

1. Maintain an effective firebreak by removing and clearing away flammable vegetation and combustible growth from areas with 30 feet of such buildings or structure;

Exception: single specimens of trees, ornamental shrubbery or similar plants used as ground covers provided that they do not form a means of rapidly transmitting fire from the native growth to any structure,

§ 93.15 PERMIT REQUIRED; EXCEPTIONS.

(A) Permit required. It is unlawful for any person to work, build, construct, reconstruct, repair, alter, or grade, including the placement of any structures, including utility lines and poles, pipelines, signs, and plantings, within the public rights-of-way or within a public utility easement of the town without first obtaining a permit from the town, obtaining approval for the planned work, and having the work supervised and inspected by the town.

(B) Exceptions.

(1) (a) Plantings by residents of property abutting the right-of-way are exempt from this permit requirement so long as such planting:

(`87 Code, § 7-12-1(A)) (Ord. 88-13, passed 7-18-88; Am. Ord. 90-21, passed 7-2-90) Penalty, see § 10.99

It is unlawful for any person to maintain or allow any tree, hedge, billboard, or other obstruction which prevents persons driving vehicles on public streets, alleys, or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

(`87 Code, § 11-1-9) Penalty, see § 10.99

H. Landscaping standards generally.

(D.) Weeds, bushes, trees and other vegetation.

1. All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations, or dry vegetation which may likely become a fire hazard or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants.
2. The responsible person shall remove, restore or repair any landscaping, visible from public property, that is substantially dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated appearance; including but not limited to uncultivated plants, weeds, tall grass, uncultivated shrubs or growth (whether growing or otherwise) higher than six (6) inches; or any dead trees, bushes, shrubs or portions thereof, stumps; or any palm or similar type tree having dead or dry fronds descending downward from the base of the lowest living frond more than eight (8) feet or dry fronds longer than five (5) feet and closer than eight (8) feet to the ground.
3. The responsible person must trim all overhanging vegetation to provide a thirteen-foot six-inch minimum height clearance in all streets and alleys, a seven-foot minimum height clearance on all sidewalks, and shall not allow vegetation to protrude more than one (1) foot six (6) inches into the alleyway.
4. The responsible person shall remove any material growing along a public or private right-of-way, access drive, fire lane or utility easement, which by reason of its size, manner of growth or location, constitutes an obstruction, impairs visibility or otherwise endangers any person, improvement or structure.
5. When vegetation extends into a street or alleyway in such a manner that it interferes with the free and safe use of the street or alleyway, the City may immediately trim and cut such vegetation as necessary to remove such interference without notice to the property owner and without following the abatement procedures set forth in this Code.

(Ord. No. 3879, 2-8-07; Ord. No. 4045, § 5, 3-13-08)

(5) In all zoning districts, no obstruction to view exceeding two (2) feet in height shall be erected, constructed, parked, planted or maintained, or any corner lot within a triangular area formed by the property lines and a line connecting points thirty (30) feet from the intersection of the right-of-way lines. One (1) tree pruned high enough to permit unobstructed vision to motorists and/or one (1) pedestal-type identification sign may be permitted.

(Ord. No. 1421, § VI, 1-10-85; Ord. No. 1735, § 2, 1-22-87; Ord. No. 3063, § 3, 11-18-99; Ord. No. 4567, § V, 10-20-14)

(C) No owner or an occupant of any property shall allow or permit any trees, shrubs, or other plant growth on the property to impede, obstruct, or interfere with the free passage upon any public street, sidewalk, or alleyway; or obstruct the visibility of drivers; or interfere with any traffic control device; or signs or street lighting. Tree limbs must be maintained to hang no lower than 12 feet above any public street or alleyway and seven feet above any public sidewalk. Trees below seven feet, shrubs, or other plant growth must be maintained one foot from any public sidewalk. Dead trees, dead plants, and dead shrubs must be removed.

(F) No person owning or occupying any property fronting on any street, alleyway, or public place in the city including the area between the property line of the property and the street shall allow thereon grass or weeds to exceed a height over six inches when such conditions create a blighting condition or may harbor infestations or are likely to become a hazard to the public health and safety. Dead trees, dead plants, and dead shrubs must be removed.

(G) No person owning any vacant building or vacant property within the city shall allow thereon grass or weeds to exceed a height over six inches, dead trees and bushes, or allow the accumulations of discarded construction materials, construction waste, trash, or any other debris when such conditions create a blighting condition, or may harbor infestations or are likely to become a hazard to public health or safety.

(Prior Code, § 20-1-13) (Ord. O06-11-21, passed 12-14-2006; Res. R06-11-33, passed - -)

ENCROACH or ENCROACHMENT. Includes, but is not limited to, the performance of any of the following acts:

(3) Planting any tree, shrub, grass, or other growing thing;

(Prior Code, Art. 18-1)

(A) No person shall encroach nor place any encroachment upon, over, or under the surface of any public place, highway, right-of-way, pathway, street, sidewalk, driveway, curb, gutter, paving, or other surface or subsurface drainage structure or facility for any purpose whatsoever, without first obtaining a permit from the city in accordance with the provisions set forth herein.

(Prior Code, Art. 18-2) Penalty, see § 151.999

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

B. "Encroach" or "encroachment" means going over, upon or under or using any right-of-way or water course in such manner as to prevent, obstruct or interfere with its normal use, including but not limited to the performance of any of the following acts:

2. Erect or maintain any flag, banner, decoration, post, sign, pole, fence, guardrail, wall, loading platform, pipe, conduit, wire or other structure on, over or under the surface of any right-of-way or water course.

7. Construct, place, plant or maintain any structure, embankment, excavation, tree or other object adjacent to a right-of-way or water course which causes or will cause an encroachment.

A. It is unlawful to encroach upon any right-of-way or water course as defined in Section 16-1-1 without first obtaining authorization pursuant to this Article. Any contractor, agency, utility, or any other person performing work within the right-of-way shall obtain an Encroachment Permit from the Town's Development Services Department prior to entering the right-of-way. An Encroachment Permit will not be issued prior to approval by the Town's Development Services Department of the required Traffic Control Plan set forth in subsection 16-1-7 below. The Traffic Control Plan shall be on-site and attached to the permit whenever activities are taking place in the right-of-way, and shall be produced upon request by Town staff or law enforcement.

B. Landscaping

2. All landscaping placed in the right-of-way pursuant to this subsection shall be placed in such a manner as not to present a hazard to the public. If, in the opinion of the Town Engineer, any such landscaping is potentially harmful to any public utility or other public improvement located in the right-of-way or constitutes a hazard to the public, the Town Engineer may order its removal.

(a) It is unlawful for any person to obstruct any street within the town by doing any act or placing upon the street anything which obstructs or interferes with the free use or passage upon such street or property or which interferes with any business lawfully conducted by any person, in or upon, facing or fronting on any such street.

(b) "Street," as used in this section, means that portion of any public highway or thoroughfare, alley, sidewalk, park, private street used to provide town services, and town easement used for ingress and egress or other public grounds within the town from curb to curb or shoulder to shoulder and 13 feet, six inches of property measured vertically from the surface of the street;

(c) Obstructions include, but are not limited to, plant growth, structures, trash receptacles, vehicles, rubbish, and unlawful congregations of persons.

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevents persons driving vehicles on public highways or thoroughfares, private streets used to provide town services, or town easements used for ingress and egress, or from obtaining a clear view of traffic, traffic signals or traffic signs when approaching an intersection or pedestrian crosswalk.

(f) The owner or occupant of property shall trim trees or shrubbery on his property and in the adjacent right-of-way or easement, so that the trees or shrubbery do not interfere with the free movement of solid waste collection vehicles, and do not obstruct the vision of solid waste collection vehicle drivers in performing their work.

Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such tree shall not obstruct the view of any street intersection or interfere with persons utilizing the sidewalk or street. Said owners shall remove all dead, diseased or dangerous trees or broken or decaying limbs which the administrator determines constitutes a hazard or danger to the safety of the public. If the owner fails to remove such trees or limbs within the time period provided in the notice by the city, or if an immediate hazard exists by virtue of such tree or limbs, the city shall have the right, at the expense of the property owner, to prune or remove any tree or shrub upon private property when it interferes with the proper spread of light along the street from a street light, interferes with the visibility of any traffic control device or sign, or otherwise poses a threat to the public safety as determined by the administrator. The costs of pruning or removing such hazardous tree or limbs from the public property or right-of-way shall be assessed against the property owner and shall constitute a lien on the property until paid.

(a) General. All exterior property including yards, ground covers, trees, shrubs or other landscaping; and any exterior surfaces of any buildings or structures including but not limited to fences, walls, or roofs, or appurtenances including but not limited to windows, window frames, window screens, doors, door frames, canopies, awnings, cornices, porches, stairways, railings or similar items shall be properly maintained and shall not otherwise present a blighted or deteriorated appearance.

(d) Landscaping. All property shall be free from any conditions that contribute to visual blight including but not limited to dirt yards, vegetation of any kind that is substantially dead or damaged or characterized by uncontrolled growth or lack of maintenance or any similar conditions. Ground cover consisting of crushed rock, gravel or similar materials shall be one quarter (¼) inch or larger in size and be maintained at a sufficient depth that covers all exposed areas of dirt.

(d) No owner or occupant of any property shall allow or permit any trees, shrubs, or other plant growth on the property to impede, obstruct or interfere with the free passage upon any public street, sidewalk, or alleyway; or obstruct the visibility of drivers; or interfere with any traffic control device; or signs or street lighting. Tree limbs must be maintained to hang no lower than twelve (12) feet above any public street or alleyway and seven (7) feet above any public sidewalk. Trees below seven (7) feet, shrubs or other plant growth must be maintained one (1) foot from any public sidewalk.

(k) No person shall allow any palm tree to have an excessive accumulation of dead or dry fronds that descend downward from the base of the lowest living frond more than four (4) feet or dry fronds longer than four (4) feet and closer than seven (7) feet to the ground that may result in insect or other infestations or result in other conditions that adversely affect the public health or safety.

(Ord. No. 1325, § 1(13-2), 12-4-84; Ord. No. 2186, § 6, 2-27-01)

(e) Bushes, trees and other vegetation. All premises shall be kept free from dry bushes, trees, tumbleweeds or other vegetation which create a blighting condition, which may harbor insect or rodent infestations, or which is likely to become a fire hazard or result in a condition which may threaten the health and safety or welfare of occupants or adjacent property owners.

(Ord. No. 2036, § 1, 10-13-98; Ord. No. 2186, § 13, 2-27-01)

It is unlawful for any owner or occupier of property to permit any tree, shrub, hedge or other plant located on the property, or installed on the property, to interfere with the function of any traffic sign, signal or lighting, or the flow of drainage water on any street, roadway, easement or other public right-of-way, or the passage of traffic, pedestrian or vehicular, on any street, sidewalk, roadway or other public right-of-way.

(Ord. No. 1559, § 1, 8-23-88; Ord. No. 1654, § 3, 10-30-90)

Within thirty (30) feet of the corner of any lot, which corner is at the point of intersection two (2) or more streets, all trees shall be trimmed and kept trimmed so that there shall be no limbs, leaves, needles or other foliage above thirty (30) inches or below eighty-four (84) inches from the level of the nearest adjacent street.

(Code 1963, § 26-21)

Within thirty (30) feet of the corner of any lot, which corner is at the point of intersection of two (2) or more streets, trees shall not be planted, or trees heretofore planted shall, not be allowed to remain, which are so numerous or so close together that the trunks thereof obstruct more than twenty (20) percent of the view of operators of vehicles on an adjacent street over the area to the crossing street.

(Code 1963, § 26-22)

It is unlawful for the owner or occupier of property to permit any tree, shrub, hedge, or other plant to grow within two (2) feet of the face of any curb or within one (1) foot of any sidewalk located on public right-of-way, except that tree canopies over eighty-four (84) inches in height and plants under one (1) foot in height are exempted from this provision.

(Code 1963, § 26-25; Ord. No. 1654, § 4, 10-30-90)

(b) The city may remove trees, shrubs, plants and bushes or any other obstruction. If, after fifteen (15) days, the owner upon proper notification, has not removed said trees, shrubs, plants, and bushes or any other obstruction within a three-foot radius of the water meter box.

(Code 1963, § 29-25.2; Ord. No. 1170, § 2, 6-23-81)

(D) It is unlawful for any property owner, tenant, renter, lessor, lessee, manager, entity or any fiduciary or person with control of any property, building, structure or vacant land to fail to maintain landscaping including all trees, shrubs, hedges, and ground cover on the property and within, adjacent or abutting street right-of-way to the property in an appropriate and healthy manner and so that such landscaping will not interfere with the public convenience or safety in the use of streets and sidewalks. This responsibility shall include all areas between sidewalk and curb commonly referred to as a right-of-way, whether public or private property unless specified otherwise in a duly and properly executed agreement with the City. In locations where no curb exists, this responsibility shall extend to the edge of the roadway. For the purposes of this section, maintenance of trees, shrubs, hedges and other landscaping includes but is not limited to: deep root watering, pruning, clearance and structural trimming, fertilizing, pest control, irrigation system maintenance, and removal of branches, leaves and other debris.

(Prior Code, § 10-4-3) (Am. Ord. 2000-686, passed 11-14-2000; Am. Ord. 11-1232, passed 1-24-2011; Am. Ord. 14-1297, passed 8-18-2014. Formerly 10-3-4)

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

(Prior Code, § 11-1-9)

(G) The property owner shall be responsible for ensuring that a three-foot radius around the water meter box, water main valve, water meter reading structure/device, water appurtenances and fire hydrants remains free of any obstructions, including but not limited to, trees, shrubs, plants, or other obstructions. Failure to comply with this provision may result in the City removing and/or clearing the obstruction(s) at the sole expense of the property owner.

(Ord. 06-1012, passed 6-26-2006; Am. Ord. 14-1299, passed 8-18-2014. Formerly 14-6-1)

No relevant tree code.

Acts, omissions, conditions and things upon any private property or public property in the city which are injurious to the public health, safety and general welfare, which interfere with the comfortable and reasonable use and enjoyment of property by any persons, or which unlawfully obstructs the free passage or use of any public property are hereby declared to be public nuisances. Public nuisances include but are not limited to the following:

B. Signs, billboards, awnings and similar structures and trees, hedges, and other obstructions over or near private property or public property so situated or constructed as to cause an obstruction which prevents persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk or otherwise endangers the public safety or property of others.

Failure of an owner, occupant or person in control to maintain structures and premises within the city in a safe and sanitary manner consistent with the requirements set forth below shall be and is hereby declared to be a public nuisance and creating, causing, allowing or maintaining a public nuisance shall be unlawful and may be abated as set forth in this article. All structures and premises within the city shall, at a minimum, comply with the following:

F. Yards and exposed exterior surfaces such as exterior windows, doors, canopies, metal awnings, roofs, exhaust ducts, chimneys, painted surfaces, window screening, fences, screen walls, retaining walls, foundations, cooling devices, outdoor stairs, porches and railings visible from the adjacent rights-of-way shall be maintained in a structurally sound condition that does not constitute a hazard and is impervious to moisture and weather elements. Front yards and exposed exterior surfaces as visible from adjacent rights-of-way shall also be maintained so as to not exhibit deterioration, disrepair, or blight constituting more than twenty contiguous square feet, or more than ten percent of the area of any exposed individual plane surface unbroken by corners or angles.

G. The exterior of the premises shall be kept free of all nuisances and any hazards to the safety of the occupant and other persons utilizing the premises and free of unsanitary conditions. It shall be the duty of the owner, occupant or person in control to keep the premises free of hazards, including but not limited to: accumulation of brush, weeds, debris, or other materials which constitute a fire hazard.

No relevant tree code.

(D) Theresponsible party of any property shall not allow or permit trees, shrubs, or plants on land adjacent to sidewalks or public places fronting or bordering their property to grow in a manner that impedes, obstructs, or interferes with the passage on any street, sidewalk, alley or other passageway within the city or that limits the visibility of any traffic control device or signal. Vegetation must be trimmed a minimum of 8 feet over the sidewalk and 14 feet over the street or alley. (5124)

(E) The responsible party of any property within the city shall not allow plant material to remain on a property that is dead, diseased, dying or so dry as to be readily flammable or combustible that may constitute a fire hazard or other threat to the public health or safety. (5124)

(R) No person shall offer to sell, or plant any male mulberry tree (morus alba) or olive tree (olea europea) in the City unless it is one of the nonpollinating varieties of such trees. The City shall maintain a current list of nonpollinating varieties, which shall be available for public review and shall be based on industry standard for nonpollinating varieties, applicable horticultural and scientific research and data, review and evaluation by qualified experts, and other appropriate information.(5124)

(W) The responsible party of any property shall maintain:

As an aid to safe movement of vehicles at and near street intersections and in order to promote more adequate protection for the safety of children, pedestrians, and operators of vehicles, there shall be limitations on the height of fences, walls, gateways, ornamental structures, hedges, shrubbery and other fixtures, construction and planting on all corner lots.

A. Such barriers to clear, unobstructed vision at corners of intersecting streets shall be limited to a height of not over two (2) feet above the street elevation of the nearest edge of pavement, for a distance of fifty (50) feet along both the front and side lot lines, measured as indicated below.

B. Within the triangle formed by connecting the ends of the respective fifty (50) foot distances as illustrated in figure 8-1-13, all the structures, fixtures, construction, hedges, shrubbery and other plantings shall be limited to a height of two (2) feet above the elevation of the nearest edge of pavement at the said intersecting streets.

C. Paragraphs A and B of this Section notwithstanding, trees may be located within the fifty (50) foot clear distance if their trunks are no more than eight (8) inches in diameter at a height of twelve (12) inches from the ground, and the foliage is cleared to a height of eight (8) feet above the ground.

No person shall plant any male mulberry tree (Morus Alba) or olive tree (Olea Europea) in the Town, unless it is one of the pollenless varieties of such trees.

It is unlawful, a civil and criminal violation of this Code, and a public nuisance for any occupant, lessee or owner:

B. To leave or allow in an unscreened area

C. To leave or permit to remain on the property any accumulation of rubbish, trash, filth, debris or other deteriorated conditions.

D. To cause or allow a condition which may harbor insect or rodent infestation, or which may likely become a fire hazard, or which may result in a condition which may threaten the safety or health of neighboring properties or the public.

E. To cause or permit any object, debris, building, tree, bush or landscaping to interfere with, obstruct, tend to obstruct, or render dangerous the free passage, use or vision in the customary manner of any sidewalk, street, or right of way or in violation of the Town Code.

F. To cause or permit any vegetation or landscaping, that is visible from public property, that is substantially dead or damaged, characterized by uncontrolled growth or lack of maintenance, or any other deteriorated condition.

D. It is unlawful and a public nuisance to cause or allow rubbish, trash, vegetation, weeds, grass, landscaping or other growth to occur or accumulate in a drainageway or watercourse whenever such growth or accumulation damages or endangers by flooding or other means, reduces the capacity of watercourse or drainageway, or otherwise threatens the safety or health of neighboring properties or the public.

Every person owning property through which a watercourse passes, or such person’s lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. In addition, the owner or lessee shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function, or physical integrity of the watercourse.

Persons owning, leasing, controlling, operating or maintaining buildings or structures in, upon or adjoining hazardous fire areas, and person owning, leasing or controlling land adjacent to buildings or structures, shall, at all times:

(i) No owner or occupant of land within the City shall allow plant growth that is dead, dormant, or so dry as to be readily flammable or combustible on such land that it may constitute a fire hazard.

(m) No person shall offer to sell or plant any mulberry tree (morus alba) or olive tree(olea europea) in the City unless it is one of the non-pollinating varieties of such trees. The City shall maintain a current list of non-pollinating varieties, which shall be available for public review and shall be based on industry standard for non-pollinating varieties, applicable horticultural and scientific research and data, review and evaluation by qualified experts, and other appropriate information.

(a) The owner or the lessee of any lot or parcel abutting upon any sidewalk now or hereafter constructed in the City shall keep and maintain such sidewalk in good repair in such a manner as to permit pedestrian use and access.

(b) The owner, lessee or other person in control of any land abutting a sidewalk, alley or street shall maintain such sidewalk, alley or street on which such land abuts in a clean condition in such a manner as to be free from:

(a) It shall be unlawful for any person to permit trees, shrubs or bushes growing upon their property to encroach and interfere with a traffic control device, the passage of persons or vehicles, or the flow of drainage water over or on any public right-of-way or easement.

(Ord. No. G-756, § 1; Ord. No. G-1868, § 4; Ord. No. G-3076, § 1)

(A) It is a violation for any person to permit trees, shrubs, or brush growing upon their property to encroach on or over any public right-of-way so as to interfere with the movement of persons or vehicles. It is the responsibility of the responsible party to trim trees or shrubbery on their property and in the adjacent right-of-way back to their property line and allow 18-foot height clearance.

(B) It is illegal to have any obstruction, including but not limited to parked vehicles, within 15 feet of a solid waste or recycling container placed out for collection service or to obstruct the solid waste or recycling collection operations in any other manner.

(Ord. No. G-4623, § 1, adopted 6-23-2004, eff. 7-23-2004; new style in use as of 8-1-2011)

(a) The owner, lessee or other person in control of any land abutting a sidewalk, alley, or street shall maintain such sidewalk, alley, or street on which such land abuts in a clean condition in such a manner as to be free from:

(Code 1962, § 35-7; Ord. No. G-1387, § 1; Ord. No. G-3668, § 1)

(a) On all corner lots at public street intersections in any area zoned as residential there shall be no fence, wall, hedge or other landscaping higher than three feet, nor any obstruction to vision other than a post, column or tree not exceeding one foot in its greatest cross-sectional dimension between a height of three feet and a height of ten feet above the established grade of either street within that triangular area (unobstructed sight triangle) formed by the lot lines on the street side of such lot and a diagonal line joining points located at distances from the point of their intersection as enumerated in the following table:

(b) At all public street intersections in all areas not zoned as residential, there shall be no landscaping higher than three feet, other than a post, column or tree not exceeding one foot in greatest cross-sectional dimension between a height of three feet and a height of ten feet above the established grade of either street within that triangular area (unobstructed sight triangle) formed by the lot lines on the street side of such lot and a diagonal line joining points on such lot lines located at distances from the point of their intersection as provided in subparagraph (a) above. These restrictions shall not apply to structures otherwise permitted by the Zoning Ordinance.

(c) At intersections where over-width right of way exists, the measurement for the unobstructed sight triangle at public street intersections shall be measured from a point seven feet from the back of curb. The unobstructed sight triangle shall be formed by two separate lines parallel to the street property lines, which are offset 7 feet from the back of the street curbs, and joined by a diagonal line connecting the two separate lines at the distance defined in the previous table, and as shown in Illustration 1 below. Over-width right-of-way is defined as the width or right-of-way that exceeds the amount required as shown on the street classification map.

(Code 1962, § 35-10; Ord. No. G-2094, § 1; Ord. No. G-3077, § 1; Ord. No. G-3313, § 1; Ord. No. G-4736, § 1(Exh. A), adopted 9-7-2005, eff. 10-7-2005)

D. Weeds, bushes, trees and other vegetation. All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations and dry vegetation, or which may likely become a fire hazard or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants.

(Ord. No. G-3859, § 3; Ord. No. G-4037, § 1, passed 7-2-1997, eff. 8-1-1997; Ord. No. G-4079, § 5, passed 3-18-1998, eff. 4-18-1998; Ord. No. G-4266, § 5, passed 5-3-2000, eff. 6-2-2000; Ord. No. G-4370, § 2, 6-27-2001, eff. 7-27-2001; Ord. No. G-4446, §§ 4, 5, passed 6-26-2002, eff. 7-26-2002; Ord. No. G-4616, § 1, adopted 6-9-2004, eff. 7-9-2004; Ord. No. G-4715, § 2, adopted 6-22-2005, eff. 7-22-2005; Ord. No. G-5353, § 4, adopted 4-29-2009, eff. 5-29-2009; Ord. No. G-5539, § 1, adopted 8-31-2010, eff. 9-30-2010; new style in use as of 8-1-2011)

A. Male mulberry trees (Morus alba) and olive trees (Olea europea) produce large amounts of allergenic, airborne pollens which are noxious and contribute to human disease and health problems.

B. No male mulberry tree (Morus alba) or olive tree (Olea europea) shall be sold or planted in the City of Phoenix.

C. The sale or planting of male mulberry trees (Morus alba) or olive trees (Olea europea) shall constitute a public nuisance.

D. The prohibitions set forth in this section shall specifically exclude pollenless varieties of olive and male mulberry trees.

(Ord. No. G-3859, § 3).

In combination with Article 10-2, acts, omissions, conditions and things in or upon any land, property, private lot, building, structure or premises, or in or upon any public right-of-way, wash, street, avenue, alley, park, parkway or other public or private place in the town which are injurious to the public health, safety and general welfare, which interfere with the comfortable enjoyment of life or property by any person, or which unlawfully obstruct the free passage or use of any public park, wash, square, alley, sidewalk, street or highway are hereby declared to be public nuisances, including, but not limited to the following:

D. Poison oak, poison ivy, or any noxious or toxic weeds or uncultivated plants (whether growing or otherwise), weeds, tall grass, uncultivated shrubs or growth higher than six inches or which present a fire hazard. All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations and dry vegetation, or which may likely become a fire hazard, or result in a condition which may threaten the health and safety or the economic welfare of adjacent property owners or occupants.

T. Any landscaping, visible from public property, that is substantially dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated or blighted appearance; uncultivated plants, weeds, tall grass, uncultivated shrubs or growth (whether growing or otherwise) higher than six (6) inches; or any dead trees, bushes, shrubs or portions thereof, including stumps; or any palm or similar type tree having dead or dry fronds descending downward from the base of the lowest living frond more than eight (8) feet or dry fronds longer than five (5) feet and closer than eight (8) feet to the ground.

All persons owning or occupying land or places of business within the town shall keep the sidewalk or public places fronting or bordering their property, including the area between the sidewalk and the curb, free of weeds or grass in excess of ten inches. Trees, shrubs and other landscaping planted in the a rea between the sidewalk and the curb shall be maintained by the adjacent landowner or occupant in such a way as not to impede, obstruct or interfere with the passage and or public accessibility of any sidewalk or street including, without limitation, the passage of street sweeping and other street cleaning equipment, and/or personnel. In the event the owner or occupant does not maintain such trees, shrubs, or landscaping in the manner required by this Section, the Town may cut or trim such trees, shrubs or plant growth, or otherwise take measures necessary to eliminate the impediment, obstruction or interference with the passage on the sidewalk or street.

No owner or occupant of land shall allow or permit obstructions of any kind (i.e. garbage, debris, decomposed granite or landscape materials, trees, shrubs or plant growth, etc.) to impede, obstruct or interfere with the passage of any public sidewalk; provided however, this section shall not prohibit the temporary storage of such matters in authorized receptacles for collection, or the passage of sidewalk cleaning and repair equipment and/or personnel, within the Town. In the event any owner or occupant of land allows trees, shrubs, or plant growth on that land to impede, obstruct or interfere with the passage of any sidewalk including, without limitation, the passage of sidewalk cleaning and repair equipment and/or personnel, the Town may cut or trim such trees, shrubs or plant growth, or otherwise take measures necessary to eliminate the impeding, obstruction, or interference with the passage on the sidewalk.

No owner or occupant of land shall allow obstructions of any kind (i.e. garbage, debris, decomposed granite or landscape materials, trees, shrubs or plant growth, etc) to impede, obstruct or interfere with the passage of any street or alley including without limitation, the passage of street sweeping and other street cleaning and repair equipment and/or personnel, within the Town or to diminish the visibility of any traffic control device or signal. In the event any owner or occupant of land allows trees, shrubs or plant growth on that land to impede, obstruct or interfere with the passage of any street or alley, including without limitation, the passage of street cleaning and repair equipment and/or personnel, the Town may cut or trim such trees, shrubs or plant growth, or otherwise take measures necessary to eliminate the impeding, obstruction, or interference with the passage of the street and may charge the cost of such trimming, cutting, or other measures to the owner of the land.

8-1.203 - PLACEMENT OF TREES AND SHRUBS

For landscape and planting details of trees, cacti, shrubs and groundcovers, refer to COS Supplement

(a) The owner and/or occupant of land shall maintain the land free of:

(Ord. No. 3448, § 1, 6-4-02; Ord. No. 4133, § 1(Res. No. 9626, Exh. A, § 1), 2-25-14)

(b) Except as authorized in writing by the city, no person shall:

(2) Place or maintain any tree, hedge, shrub or other plant, or any structure or other encroachment, on property adjacent to the right-of-way, which interferes with public uses of the right-of-way.

(e) Except as authorized in writing by the city, these limitations apply to all private improvements in the right-of-way:

(5) No hedge, shrub, tree or other similar plant shall be allowed to interfere with public uses of the right-of-way.

(Ord. No. 4113, § 1(Res. No. 9551, Exh. A, § 1), 12-9-13, eff. 7-1-14)

(c) The owner of property adjacent to the right-of-way shall conduct routine property maintenance to keep the property and adjacent right-of-way in an orderly and safe condition, including:

(1) Mowing and trimming plants and trees,

(Ord. No. 4113, § 1(Res. No. 9551, Exh. A, § 1), 12-9-13, eff. 7-1-14)

(a) No person shall place upon or about any valve, valve box, curb cock, water meter box or water gate connection with the domestic water system of the city any object, material, debris or structure of any kind that shall prevent free access to the same at all times or in any manner tamper with or injure such appurtenances. Branches of shrubs and trees must be trimmed to allow free access for reading and maintenance of the water meter. No person shall fill up or cover over any valve or meter box.

(Code 1972, § 14-124(C), (D); Ord. No. 1898, § 1, 6-30-86)

It shall be a violation of this Code for any person to permit trees, shrubs or brush growing upon their property to encroach on or over any public right-of-way so as to interfere with the movement of persons or vehicles. It is the responsibility of the responsible party to trim trees or shrubbery on their property and in the adjacent right-of-way back to their property line and allow 18-foot height clearance.

(Ord. No. 2012-06, § 1, 5-8-2012)

(g) Landscape maintenance.

(Ord. No. 09-12, § 2(Exh. A), 5-14-09)

Trees, shrubs, and plants states;
No owner or occupant of any property shall allow or permit any trees, shrubs, or other plant growth on the property to impede, obstruct or interfere with the free passage upon any public street, sidewalk or alleyway; or obstruct the visibility of drivers; or interfere with any traffic control device, sign or street lighting. Tree limbs must be maintained to hang no lower than thirteen (13) feet above any public street or alleyway and seven (7) feet above any public sidewalk. Trees below eight (8) feet, shrubs or other plant growth must be maintained clear from any public sidewalk.

(7) Any object, building, tree, bush or vehicle that interferes with, obstructs, tends to obstruct, or renders dangerous the free passage, use or vision in the customary manner of any sidewalk, street or highway in the city;

(8) Any landscaping, visible from public property, that is substantially dead, damaged, or characterized by uncontrolled growth, or presents a deteriorated or slum-like appearance; uncultivated plants, weeds, tall grass, uncultivated shrubs or growth (whether growing or otherwise) higher than twelve (12) inches; or any dead trees, bushes, shrubs or portions thereof, including stumps; or any palm or similar type tree having dead or dry fronds descending downward from the base of the lowest living frond more than eight (8) feet or dry fronds longer than five (5) feet and closer than eight (8) feet to the ground;

(Ord. No. 99.35, 9-30-99; Ord. No. 2002.06, 5-30-02; Ord. No. 2004.42, 1-20-05; Ord. No. 2006.53, 7-20-06; Ord. No. 2007.80, 12-13-07; Ord. No. 2008.21, 6-5-08; Ord. No. O2014.14, 3-20-14)

(a) It shall be unlawful and a violation of this code for any person to erect, maintain, use, place, deposit, cause, allow, leave or permit to remain any of the following:

(3) Outside of any building, any required address numbers which are not mounted to the building in a permanent and stationary manner, or are obstructed by trees, shrubs, or anything that would tend to hide or obscure the numbers, or are not visible at all times from public access areas to the dwelling; or

(Ord. No. 99.35, 9-30-99; Ord. No. 99.44, 12-16-99; Ord. No. 2002.06, 5-30-02; Ord. No. 2007.80, 12-13-07)

(a) It shall be the duty of all persons to keep the sidewalks in front of the premises owned, occupied or controlled by them and the land that lies between the back of the curb and the right-of-way on the side of the street on which their premises are located in good repair and free and clear of all grass, weeds and rubbish.

(b) Such persons shall also:

(Code 1967, § 30-2)

(a) Any tree or shrub which overhangs or is within the public right-of-way which in the opinion of the public works director endangers the life, health, safety or property of the public shall be declared a public nuisance and the public works director shall remove or trim such tree or shrub.

(b) Nothing contained in this section shall be deemed to impose any liability upon the city, its officers or employees, or to relieve the owner of any private property from the duty to keep any tree or shrub upon his property under his control in such a condition as to prevent it from constituting a public nuisance.

(c) No specie of tree having a potential growth higher than twenty (20) feet shall be planted directly under any public utility overhead line.

(Code 1967, § 30-16; Ord. No. 97.56, 12-11-97; Ord. No. 2001.17, 7-26-01; Ord. No. 2010.02, 2-4-10)

It is unlawful for any person to maintain or allow any tree, hedge, billboard or other obstruction which prevents persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.

State Law reference— Authority, see A.R.S. § 9-240(B)(3)

(D) Dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees. All exterior property areas shall be kept free from dry vegetation, tumbleweeds, weeds, bushes and tall grass and trees which present a visual blight upon the area, which may harbor insect or rodent infestations and, dry vegetation, or which may likely become a fire hazard or result in a condition which may threaten the health and safely or the economic welfare of adjacent property owners or occupants. The premises shall be free from visual blight, potential fire hazards, dead trees and branches, palm fronds, lawn grass, tumbleweeds or weeds higher than six inches tall.

(Ord. 364, N.S., passed 2-10-1998)

K. Offering to sell, selling or planting any male mulberry tree (Morus alba) or olive tree (Olea europea) in the town unless it is one of the non-pollinating varieties of such trees. The town shall maintain a current list of non-pollinating varieties, which shall be available for public review and shall be based on industry standard for non-pollinating varieties, applicable horticultural and scientific research and data, review and evaluation by qualified experts, and other appropriate information.

No person shall cause or permit any structure or growth of trees, plants or shrubs to encroach onto any street or alley within the town, except that trees which overhang the alley or street above twelve (12) feet from ground level may be permitted.

It is unlawful for any person to maintain or allow any tree, hedge, cactus, billboard or any other obstruction which could prevent persons driving vehicles on public streets, alleys, private driveways or highways from obtaining a clear view of traffic at all times.