General Provisions

Cross-reference:

Moving buildings, see §§152.25 through 152.31
Spitting on sidewalks, see §130.13

§ 94.01 City's Jurisdiction Over Public Rights-of-Way

(A) Definitions. For the purpose of this section, the following mean:

(1) City. The City of Hermiston.

(2) Person. Individual, corporation, association, firm, partnership, joint stock company and similar entities.

(3) Public Rights-of-Way. Include, but are not limited to, streets, roads, highways, bridges, alleys, sidewalks, trails, paths, public easements and all other public ways or areas, including subsurface and air space over these areas.

(4) Within the City. Territory over which the city now has or acquires jurisdiction for the exercise of its powers.

(B) Jurisdiction. The City of Hermiston has control over all public rights-of-way within the city under the authority of the city charter and state law.

(C) Scope of regulatory control. The city has jurisdiction and exercises regulatory control over each public right-of-way whether the city has a fee, easement or other legal interest in the right-of-way. The city has jurisdiction and regulatory control over each right-of-way whether the legal interest in the right-of-way was obtained by grant, dedication, prescription, reservation, condemnation, annexation, foreclosure or other means.

(D) City permission requirement. No person may occupy or encroach on a public right-of-way without the permission of the city. The city grants permission to use rights-of-way by franchises, licenses and permits.

(E) Obligations of the city. The exercise of jurisdiction and regulatory control over a public right-of-way by the city is not official acceptance of the right-of-way and does not obligate the city to maintain or repair any part of the right-of-way.

(Ord. 1923, passed 2-10-97)

§ 94.02 Sidewalk Repair

(A) It shall be the duty of every owner of any lot or part thereof or parcels of land fronting any of the public streets of the city where sidewalks have been constructed abutting the lots or parcels of land to keep sidewalks in good repair, and in a safe and sound condition for the travel of the public, and to keep sidewalks clear of sand, weeds or other obstructions.

(1) The owner of real property responsible for maintaining the adjacent sidewalk shall be liable to any person injured because of any negligence of owner in failing to maintain the sidewalk in good condition.

(2) If the city is required to pay damages for an injury to persons or property caused by the failure of a person to perform the duty which this section imposes, the person shall compensate the city for the amount of the damages thus paid. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.

(B) If the owner of any lot or part thereof or parcel of land shall suffer any sidewalk along the same to become out of repair, it shall be the duty of the City Engineer to post a notice of repair on the adjacent property headed “Notice to Repair Sidewalk” in letters not less than one inch in length and the notice shall, in legible characters, direct the owner, agent or occupant of the property immediately to repair the same in good and substantial manner, and the City Engineer shall file with the Finance Director/Recorder an affidavit of the posting of the notice stating the date when and the place where the same was posted.

(C) It shall be the duty of the owner, agent or occupant immediately after the posting of the notice and before making repair to obtain from the City Engineer a permit so to do which shall prescribe the kind of repairs to be made, the material to be used and specifications therefor; and the owner, agent or occupant shall make repairs within 20 days from the posting of the notice. If the owner, agent or occupant of any lot or part thereof or parcel of land shall fail, neglect or refuse to make the sidewalk repairs within the time designated, the Council may authorize the City Engineer to make the same, the City Engineer to keep an accurate account of the cost of labor and materials in making the repairs in front of each lot or part thereof or parcel of land fronting on the sidewalk upon which repairs are made.

(D) The Council shall, at the first regular meeting in the month of September of each year, examine the reports upon sidewalk repairs field by the City Engineer in the office of the Finance Director/Recorder during the preceding year, and by ordinance assess upon each of the lots or parts thereof or parcels of land fronting upon sidewalks which have been so repaired, the cost of making repairs and 10% additional to defray the cost of notice, engineering and supervision. In each case all assessments may be combined in one assessment roll and the same shall be entered on the docket of city liens and collected in the same manner as is provided for special assessments for street improvements.

(Ord. 56, passed 5-31-11; Am. Ord. 1100, passed 11-7-77)

§ 94.03 Planting and Maintenance of Trees

(A) Planting trees in public place. No trees or shrubs shall be planted in, or removed from, any public parking strip or other public place in the city without permission from the City Manager or his duly authorized representative.

(B) Street tree plans.

(1) All trees and shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location to the street tree plan for the public place, street, or portion thereof.

(2) Street tree plans for streets or public places within the city shall be adopted by resolution of the City Council. These plans shall consist of maps of streets, blocks, or portions of streets and public places where the planting is permitted and shall by appropriate legends and symbols specify the species and location of the trees and shrubs which may be planted along each street or block or portion thereof or public place shown by the map thereof.

(3) In formulating and adopting street tree plans, the public safety in the use of streets, sidewalks, and public places, the protection and preservation of public improvements, and the beautification of public places shall be taken into consideration by the following means:

(a) Species of trees and shrubs shall be chosen with due regard to their size, appearance, rate, and manner of growth and other characteristics and to the size, nature, and construction and traffic volume on the street or other public place involved; and

(b) Regulations regarding location and setback of trees permitted in public parking strips and other public places shall be adopted with due regard to traffic visibility, utility lien clearance, and relative location of public paving and other facilities.

(C) Certain trees prohibited. No person shall plant in any public parking strip the following trees: poplar, Russian olive, Chinese elm, cottonwood, and certain locust. No person shall plant willow, cottonwood, or poplar trees anywhere in the city unless the City Manager or his duly authorized representative approves the site as one where the tree roots will not interfere with a public sewer.

(D) Trimming and pruning of trees. The City Manager or his duly authorized representative may cause to be trimmed, pruned, or removed any trees, shrubs, plants, or vegetation in any parking strip or other public place, or may require any property owner to trim, prune, or remove any trees, shrubs, plants, or vegetation in a parking strip abutting upon the owner's property; and failure to comply therewith, after 30 days' notice by the Finance Director/Recorder, shall be deemed a violation of this section.

(E) Trimming or removal of overhanging trees. If any tree or shrub, or part thereof, overhangs any public street or alley or sidewalk at a height of less than 14 feet above the street or alley surface or less than ten feet above the sidewalk or in any other way endangers or is likely to endanger the security or usefulness of any public street, sewer, or sidewalk, the same is hereby declared to be a public nuisance and may be abated as provided in §92.14.

(F) Right to appeal. Appeals from orders made under sections on trimming, pruning or removal may be made to the City Council.

(G) Damage to trees in public place prohibited. No person shall abuse, destroy, or mutilate any tree, shrub, or plant in a public parking strip or in any other public place, or attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place, or cause or permit any wire charged with electricity to come into contract with any tree, or allow any gaseous, liquid, or solid substance which is harmful to trees to come in contact with their roots or leaves.

(Ord. 696, passed 4-26-71) Penalty, see §94.99

§ 94.04 Running of Water on Streets Prohibited

(A) No person, firm or corporation shall cause, permit or allow any irrigation water or water used for domestic or other purposes to run upon or cross any of the streets of the city unless the same is confined in properly constructed flumes, ditches, pipelines or culverts and no ditches, flumes, pipelines or culverts for water shall be constructed in, upon or across any of the streets of the city until a permit therefor shall first be obtained from the Finance Director/Recorder of the city, and any ditch, flume, pipeline or culvert shall be constructed under the supervision of the City Engineer and of material as the Engineer may prescribe.

(B) It shall be the duty of every person who uses such ditch, flume, pipeline or culvert for the transmission of water, or whose land is served by water which passes through the ditch, flume, pipeline or culvert to keep the same in repair.

(Ord. 92, passed 7-5-17) Penalty, see § 94.99

§ 94.05 Definitions

For the purpose of §§94.05 through 94.10, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

Person. Any natural Person, firm, corporation, partnership, association or other legally identifiable group, whether he or it is acting for himself or itself or as the clerk, servant, employee or agent of another.
Premises Open to the Public. Has the same meaning as that set forth in ORS 801.400.

(Ord. 1976, passed 10-26-98)

§ 94.06 Driving on Sidewalks

It shall be unlawful for any person to ride or drive any animal or vehicle within any city park or upon, over, or across any sidewalk, except where a proper incline or crossing is provided for that purpose. This section does not apply to vehicles being used to maintain these areas or when specific permission has been granted by the city to do so.