Minutes 11/07/1972 - Laserfiche WebLink

Home Browse Search

No~amha~ 7~ 1~72 72-475 - "At the last meeting of the City Council, certain questions were raised con- cerning the proposed amendments to the City Code with regards to the planting and maintenance of trees in public right-of-ways. There was also a request that the ordinance be amended requiring the City to remove trees when the roots stop up sewer lines; this, I believe, is the main issue concerning the ordinance. The purpose of the ordinance that has been submitted to the City Council is to update the City Code under the current program of the City Attorne¥*s office and was not intended to address itself to the problem of tree roots in sewer lines. However, since this question has been presented, I am submitting the following information concerning the City policy regarding this problem. The City COde requires that sewer line joints shall be watertight and root-proof, also, that a cleanout box be installed at or near the property line. Tree roots in sewers are caused by cracks in sewer construction or leaking joints. If the sewer is watertight, tree roots will not gain access. Under the policy of the City regarding sewer maintenance and the clearing of.stoppages, City forces clean and maintain all lines in the street right-of-way~ alleys, and ~n sewer easements. Ail lines located on private property are maintained by the property owner. If no cleanout can be located between the curb and the property line, no service can be extended by City forces unless the pipe is exposed and open in this area. Service will be extended to clean the line, but a cleanout is required for future service. Study was made of the policy of other cities regarding tree roots in sewers and in no case could we find any city that has an ordinance to remove trees because roots affect the sewers. Many do allow the property owners to remove the trees at their expense if the roots are a problem. We also follow this policy. It was also found that some cities provid~ copper sulfate to the citizens to eliminate root problems in sewers. The average cost for the removal of a tree by City forces is approximately $150. The City Attorney's office has furnished me the following to the legal aspects of the ordinance as well as any amendment the removal of trees: information with regards that may be made regarding (1) Tree~:'a~e not allowed to be planted within City right-of-ways except with the written permission of the proper City official. Such unauthorized planting has been prohibited in this City since 1914 by the City Code. (2) Any trees found within the right-of-ways, whether planted legally or ~llegally, are owned by the City. (3) The City, by virtue of such ownership and by reason of other legal responsibilities as hereinafter stated, retains the right to reasonably regulate the existence and growth of such trees. (4) The City may be subject to liability for safety hazards found within City right-of-ways. Hence, it has a duty of care to maintain its right-of-ways free of safety hazards. (5) The City's Plumbing Code requires that sewer connections shall be root-proof. (6) The City may expend taxpayers' funds for public and not private purposes, With regard to private sewer 1-ines submitted: the above precepts and their application to an assumed situation of being infiltrated by the roots of City-owned trees, the following is (1) The control and regulation of trees on City property must be retained by the Director of Parks in order to preserve said trees which are important en- vironmental assets for a City of such high population density. The dilution of such control by allowing sewer problems to dictate tree removal might sponsor a tragic destruction of trees which would be even more unjustifiable in view of the fact that chemical elimination of tree root infiltration problems is a seemingly viable alternative. (2) The control of City right-of-ways and the property there in (trees) is mandatory if we are to protect ourselves against liability incurred due to hazards or defects found within City right-of-ways. Ownership and the consequent responsibilities of such ownership require that the City retain the right to regulate the objects of ownership. ~ (5) Statistically, it seems proven tha~ the .greatest cause of tree root infiltration is non-root-proof sewer connections. Such connections are the responsibility of the owner off,[sewer and, therefore, the fault or responsibility for such infilt~ion lies with the owner of · he sewer. (4) To legislatively dictate the removal of trees when tree root infiltration has occurred could be construed asa legislative admission of fault. At the minimum, this would establish a precedent that the City would be re- sponsible for the expense of repair for the damaged sewer even though in the greater majority of the cases, non-root-proof sewer connections are responsible. At the maximum, such an admission of fault might incur liability to the city of a much larger nature, such as damages to property,