Spokane Municipal Code

Title 12 Public Ways and Property

Chapter 12.02 Obstruction, Encroachment of Public Ways

Article V. Urban Forestry Program

Section 12.02.925 Abutting Owner Responsibilities – City Tree Maintenance List

1. Abutting property owners are responsible for the following:

1. 1. Protection of street tree health by obtaining all permits as required by this article for planting, removal, or pruning of street trees. The property owners may perform minor pruning of street trees abutting their property without obtaining a permit.

1. 2. Care and maintenance of the tree lawn to ensure proper health of the trees.

1. 3. Removal and replacement of street trees which are topped or improperly pruned if the director determines that a street tree’s health is severely degraded.

1. 4. Care and maintenance of trees on their property in such a way as to not cause a hazard to the public safety or to the health of public, landmark or street trees.

1. 5. Removal of trees located on their property that have been declared a public nuisance or hazard.

1. 6. Abutting property owners must exercise reasonable care in the use or condition of their property so as not to render the right-of-way unsafe for ordinary travel or to endanger persons or property of persons using the right-of-way. Abutting property conditions may include planting or allowing trees, shrubs, plants, or other natural or human placed installations which affect the right-of-way directly or indirectly. Uses include a use which may cause or promote damage, unauthorized alteration, or interference with the right-of-way, not by way of limitation. The abutting property includes the curtilage and areas in or near the right-of-way, whether or not actively used for public travel.

2. Any duty imposed upon a property owner applies jointly and severally to a property occupant, but enforcement action against an occupant does not release the owner from ultimate responsibility hereunder.

3. Sometimes, funding may become available for the program to assist in planting new street trees, pruning, removal, or otherwise helping with street tree maintenance for street trees on tree lawns. This effort may arise in low income neighborhoods or become available through community development federal funding or other public or private resources. No action by the program shall relieve a property owner of an obligation under this article except to the extent the program may be able to assist and support the property owner, and no municipal duty is created thereby. If a new street tree is proposed to be planted, the program shall work with the abutting property owner to confirm the owner’s understanding of owner’s responsibilities under this article. Specific reference is made to policy NE 12.5 in the Natural Environment chapter of the City of Spokane comprehensive plan, which provides for a policy of “no net loss” in street trees, explaining that street tree removal should only be granted when a tree is determined by the City to be sick, damaged, or near the end of life. This does not restrict removal for public health and safety reasons, in the determination of public safety officials.

4. The director may develop a maintenance list for street trees or other trees in certain areas where the program is able to perform tree maintenance work. Except in such circumstances, and only to the extent resources may be available, actions taken under this article are at the cost and liability of the abutting property owner or other responsible party or parties, as may be determined by the director.

Date Passed: Monday, April 22, 2019

Effective Date: Monday, May 27, 2019

ORD C35758 Section 1