§ 169.05 Protection And Maintenance

A. The provisions of this section apply to all plantings required by the zoning ordinance, whether newly planted or preserved.

B. Required planting areas must be separated from abutting vehicular use areas, including parking spaces, drives, aisles, alleys, vehicle display and loading areas, etc., by an unmountable curb or barrier that is a minimum of five inches (5") in height. The curb or barrier must be constructed in such a manner that salt water runoff will not damage trees or plantings.

C. The property owner must keep all plantings properly maintained, pruned as needed, and free from trash and litter. It is the responsibility of the property owner to maintain and replace trees and plantings required by the zoning ordinance. Required landscaping must be continuously maintained in a healthy manner. Plants that die must be replaced. Improper maintenance, pruning, or removal of plantings may be subject to municipal infraction proceedings, up to and including environmental infraction proceedings.

D. Any trees that overhang the public right of way must be maintained in accordance with the provisions of 16.09, "Trees and Plant Materials", of this code.

E. To prevent interference with pedestrian traffic, plantings must be located appropriately and maintained so that foliage does not grow any closer than one foot (1') to the edge of a sidewalk or pedestrian trail. This one foot (1') setback must be maintained for at least the first nine feet (9') of plant height.

F. Maintenance of trees within street rights of way is the responsibility of the City.

1. The provisions of this section apply to all plantings required by the Zoning Code, whether newly planted or preserved.

2. Required planting areas shall be separated from abutting vehicular use areas, including parking spaces, drives, aisles, alleys, vehicle display, and loading areas, etc., by an unmountable curb or barrier that is a minimum of five inches in height. The curb or barrier must be constructed in such a manner that saltwater runoff will not damage trees or plantings.

3. The property owner shall keep all plantings properly maintained, pruned as needed, and free from trash and litter. It is the responsibility of the property owner to maintain and replace trees and plantings required by the Zoning Code. Required landscaping shall be continuously maintained in a healthy manner. Plants that die shall be replaced. Improper maintenance, pruning, or removal of plantings may be subject to municipal infraction proceedings, up to and including environmental infraction proceedings.

4. Any trees that overhang the public right-of-way must be maintained in accordance with the provisions of Section 168.08.

5. To prevent interference with pedestrian traffic, plantings shall be located appropriately and maintained so that foliage does not grow any closer than one foot to the edge of a sidewalk or pedestrian trail. This one foot setback shall be maintained for at least the first nine feet of plant height.

6. Maintenance of trees within street rights-of-way is the responsibility of the City.