AN ORDINANCE ADOPTING TITLE 4, SANITATION, OF THE YAMHILL MUNICIPAL CODE; ADOPTING RULES AND REGULATIONS PERTAINING TO SANITATION, WITHIN THE CITY OF YAMHILL, SUPERSEDING PREVIOUS ORDINANCES, AND DECLARING AN EMERGENCY.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

SECTION 1. There is hereby added to the Yamhill Municipal Code, Title 4, Sanitation, as follows:

Chapters:

4.04 Trees and Shrubs

Sections:

4.04.010 Unlawful for Roots to Enter City Sewer Lines

4.04.020 Abatement Proceedings

4.04.030 Penalties

4.04.010 Unlawful for Roots to Enter City Sewer Lines. It shall be unlawful for any person to plant or maintain any trees or shrubs in the City of Yamhill the roots of which enter any city sewer line or any city drainage or tile line. (Ord. 273, §1, 1972; Ord. O-442, §1(part), 1998)

4.04.020 Abatement Proceedings. If the Public Works Superintendent has reasonable cause to believe that the roots of any trees or shrubs standing in the City of Yamhill have entered any City sewer line, or lateral sewer line, or any City drainage, or tile line, and are stopping, restricting or retarding the flow therein, the Superintendent shall cause written notice to be given to the owner and/or occupant of the premises upon which the tree or shrub is situate requiring said tree or shrub to be removed within ten (10) days after the delivery or mailing of said notice, and in event the tree or shrub is not so removed within said time, said Superintendent will then proceed to cause the same to be removed and the owner and/or occupant of said premises shall be deemed guilty of a violation of this Chapter. (Ord. 273, §2, 1972; Ord. O-442, §1(part), 1998)

4.04.030 Penalties. Any person violating any of the provisions of this Chapter, shall upon conviction thereof be punished by a fine not to exceed $750.00. (Ord. 273, §2, 1972; Ord. 372, §1, 1986; Ord. O-442, §1(part), 1998)

SECTION 2. This Ordinance hereby supersedes the Ordinance Numbers 273, and 372. Any other ordinances or parts of ordinances dealing with the establishment and enforcement of Sanitation Regulations, of the City of Yamhill, that are in conflict herewith, are hereby repealed.

SECTION 3. This Ordinance being necessary for the immediate preservation of the public peace, health and safety of the City of Yamhill, Oregon, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect immediately upon passage. The emergency being for the uniformity of reference (by city personnel, as well as any citizen and/or building program applicant); uniformity as to citations into the Municipal Court; and due to the fact that the Yamhill Municipal Code is already in use.

INTRODUCED AND ADOPTED by the City of Yamhill Council and signed by me in authentication of its passage this 28th day of October , 1998.