• 수정
• 삭제
• 답변
• 글쓰기

http://sanjose.amlegal.com/nxt/gateway.dll/California/sanjose_ca/sanjosemunicipalcode?f=templates$fn=default.htm$3.0$vid=amlegal:sanjose_ca

BookmarkPart 4
MAINTENANCE RESPONSIBILITY AND PROTECTION
Sections:
13.28.400 Property owner maintenance - Responsibility and duty to public.
13.28.410 Disclosure obligations upon sale or transfer of a residential real property.
13.28.420 Interfering with maintenance work or injuring street trees prohibited.
13.28.430 Diseased street trees - Inspection and removal.
13.28.440 Hazardous conditions; sight obstructions on private property.
Bookmark13.28.400 Property owner maintenance - Responsibility and duty to public.
A. The property owner of a lot or portion of a lot adjacent to or fronting on any portion of a street shall maintain and replace, if necessary, any street trees, shrubs, hedges or other landscaping adjacent to or fronting on the subject property in such condition that the street trees, shrubs, hedges or other landscaping comply with this chapter. Each property owner shall plant and replace any removed or otherwise missing street trees in accordance with the requirements of Sections 13.28.300 and 13.28.310.
B. A property owner required by this section to plant, maintain, and replace, if necessary, street trees, shrubs, hedges and other landscaping shall owe a duty to members of the public using streets to maintain such street trees, shrubs, hedges or other landscaping in a safe and nonhazardous condition for users of the streets. For purposes of this section, maintenance of street trees, shrubs, hedges and other landscaping includes, but is not limited to: watering, pruning, fertilizing, pest control, removal of branches, leaves, and other debris, weed abatement, and protection of the critical root zone.
C. A property owner required by this section to maintain any street trees, shrubs, hedges, or landscaping shall comply with the following:
1. Provide the necessary maintenance so that the street tree, shrub, hedge or landscaping is not in a hazardous condition or in a condition that will likely become a hazardous condition;
2. Provide a minimum eight-foot vertical pedestrian clearance from the top of the sidewalk and a minimum fourteen-foot vertical vehicular clearance from the top of the pavement, to any part of a street tree;
3. Provide adequate clearance for unobstructed pedestrian and vehicular view of all authorized traffic signals, traffic cameras, street lights, regulatory signs, street name signs, and other similar type of equipment or signs;
4. All maintenance shall be completed in accordance with the American National Standard Institute (ANSI);
5. Obtain a permit as required in Part 3 above.
D. If any property owner fails to maintain any adjacent street trees, shrubs, hedges or other landscaping in a nonhazardous condition as required by this part, and any person suffers damage or injury to person or property, the property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain the adjacent street trees, shrubs, hedges or other landscaping in a non-hazardous condition.
(Ord. 29000.)
Bookmark13.28.410 Disclosure obligations upon sale or transfer of a residential real property.
A. Not less than seven business days before the sale or other transfer of residential real property concludes a selling or transferring property owner must disclose to the acquiring property owner, on a disclosure form provided by the city, whether the residential real property to be sold or transferred fully complies with the city's street tree maintenance and replacement requirements of Section 13.28.400.
B. If the selling or transferring property owner cannot determine whether street trees located on or adjacent to the residential property are substantially in compliance with the approved development permits for the property, or the property's approved development permits are inconclusive as to the requirements for the presence and location of street trees on or adjacent to the property, then the following requirements for the planting and presence of street trees shall apply:
1. The property must have one street tree for any adjacent street if it is an interior lot and at least three street trees if it is a corner lot, unless otherwise modified by the director in the interest of public safety.
2. If the current general plan requirements for street trees on or adjacent to the property differ from the requirements specified in Subsection B.1., then the current general plan requirements shall govern the number and location of street trees required on or adjacent to the property at the time of sale or transfer. If the property meets the general plan requirement, then the selling property owner must indicate such compliance with the general plan on the disclosure form provided to the acquiring property owner.
3. All street trees shall be planted in accordance with the requirements of Section 13.28.300.
C. Upon a written request, the director may grant the selling or transferring property owner an exemption in writing from the requirements of this section if the director determines in the interest of public safety that planting and maintaining street trees on or adjacent to the residential property at the time of sale or transfer is not appropriate. Such an exemption does not run with the land and shall not allow any deviations from the disclosure requirements upon residential real property sales or transfers for future sellers or transferors.
(Ord. 29000.)
Bookmark13.28.420 Interfering with maintenance work or injuring street trees prohibited.
A. No person shall in any way interfere with the city, its employees or contractors engaged in the planting, mulching, pruning, spraying, treating or removing of any street tree, or in the removing of stone, cement or other substance about the trunk of any street tree.
B. No person shall, except with written permission of the director, (a) damage, cut, carve, girdle or injure the bark of any street tree; (b) attach or keep attached, or cause the same, any sign, wire, device or injurious material to any such tree or to the guard or stake intended for the protection of such street tree; (c) allow any gaseous, liquid or solid substance, or pesticide, herbicide or similar chemical agent harmful to such street trees to come in contact with the roots, leaves, bark or any part of any such street tree; (d) construct concrete, asphalt or brick paving or otherwise fill up the ground area within four feet of any such street tree that may shut off air, light or water from the roots; (e) pile building material or other material about any street tree in any manner that will in any way injure such street tree; or (f) construct any raised planter around the street tree trunk.
C. As part of any construction work or activity of a building or structure, the owner or responsible party thereof shall place such guards around all nearby street trees as shall in the opinion of the director effectively prevent injury to them.
D. Tree stakes or guards may be placed around street trees by the department of transportation, or such other department designated by the city manager to administer or enforce this chapter, by city contractors or by owners of property abutting such street trees provided the same are merely placed near such street tree for the purpose of protecting or training such street trees.
E. Every person having any wire charged with electricity running through a street in the city shall securely fasten such wire so that it will not come in contact with any street tree therein; and no person shall, without the written permit of the director, attach any electric wire, insulator or any device for the holding of any electric wire or for bracing the poles which carry the same to any street tree growing or planted upon any street.
Bookmark F. No person shall move any building or other object along any street in such manner as to injure any street tree. Whenever the director determines or reasonably believes that any street tree may be injured, the director may require any person moving a building or any other object along a street in the city to furnish a bond in an amount sufficient to cover the damage or destruction of such street tree.
(Ord. 29000.)
Bookmark13.28.430 Diseased street trees - Inspection and removal.
The director may inspect all street trees or cause the same to be inspected. Upon discovering that any such street tree is infected or infested with plant or animal life or growth, or any insect detrimental to the growth, health or life of such street tree, the director may remove, eradicate or destroy such condition or cause such be done. If any street tree is so infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed, the director may remove and destroy any such street tree, or cause such removal or destruction to be done.
(Ord. 29000.)
Bookmark13.28.440 Hazardous conditions; sight obstructions on private property.
A. No owner or person in possession or control of any premises shall maintain any tree, shrub, hedge or other landscaping located on such premises in a manner that causes or may cause a hazardous condition on a street.
B. No owner or person in possession or control of any premises on any corner or interior lot abutting upon a street shall permit the existence of any tree, shrub, hedge, landscaping, mound of earth, or boulders that obscure and impair the view of intersecting or entering traffic from a street of passing motorists or pedestrians or which impairs the view of the street signs, traffic signs, or any other control devices or signs placed upon the streets for the safety and convenience of the public.
(Ord. 29000.)


James & Maggy Hyun | Realtor
Intero Real Estate Services Inc.
10275 N. De Anza Blvd., Cupertino, CA 95014
cell 408. 836.6098 James | cell 408.394.8979 Maggy
Jameskhyun@yahoo.com | maggyhyun@yahoo.com
www.MaggyAndJames.com
license# 01471301 | 01341033