Laserfiche WebLink
<br /> June 10, 2019, Meeting – Item 5 <br /> <br />EUGENE CITY COUNCIL <br />AGENDA ITEM SUMMARY <br /> Public Hearing: An Ordinance Concerning Persons in Charge of Planting Strips and Amending Section 7.370 of the Eugene Code, 1971. Meeting Date: June 10, 2019 Agenda Item Number: 5 Department: Public Works Staff Contact: Sarah Medary <br />www.eugene-or.gov Contact Telephone Number: 541-682-6877 <br /> <br />ISSUE STATEMENT The City Council is scheduled for a public hearing on an ordinance clarifying that the property owner responsible pursuant to Eugene Code 7.730 for maintaining the space between the curb and the sidewalk (commonly referred to as the “planting strip”) is the person in charge of the planting strip for purposes of EC 4.807 (trespass). <br /> <br /> <br />BACKGROUND The purpose of having setback sidewalks, which allow for vegetative planting strips between city streets and the sidewalk, is explained in the city’s sidewalk design standards and guidelines. Those stated purposes include: 1) providing a physical separation from vehicle traffic; 2) providing a safe and comfortable environment for pedestrians and motorists by fully separating pedestrians from vehicles; 3) providing space between the sidewalk and curb for street trees and other landscaping; and, 4) providing a distinct green edge to the street, further distinguishing the different uses. Vegetative planting strips are not intended to serve as places for people to gather or for items (such as garbage and debris) to accumulate; when they are used in this manner, the purpose of the setback sidewalk is often compromised. Additionally, use of vegetative planting strips inconsistent with their intended purpose can result in obstructing the free movement of vehicles or pedestrians (a violation of EC 5.130) or in creating a safety hazard by obstructing the vision of people walking, biking, and driving, making them less likely to see the other transportation users. Pursuant to EC 7.730, it is the duty of the property owner to maintain the planting strip in front of their property. In fulfillment of this duty, property owners often spend time and money to plant and maintain flowers, grass or other ground cover material in the planting strip abutting their property. The planting strips that abutting property owners are required to maintain are located within public right-of-way and right-of-way is dedicated differently throughout the city; some right-of-way is dedicated outright (i.e., fee simple) and other is dedicated as an easement. The manner in which the right-of-way is dedicated impacts an abutting property owner’s authority over the planting stip. Usually, the exact nature of the right-of-way dedication (and the corresponding authority of the abutting property owner) is unknown by the property owner and can only be determined by researching the right-of-way’s history. Thus, even though abutting