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Council finds no nuisance at 412 Maxwell Street after property owner meets trimming requirements
Summary
A property owner told council he trimmed alley vegetation before receiving a nuisance letter; staff reviewed clearance rules (15 ft over road; 8 ft over sidewalk) and council concluded no nuisance existed at 412 Maxwell following the owner’s explanation and evidence that the alley was passable.
A property owner who received a nuisance notice for vegetation around 412 Maxwell Street told the council he had already cut back trees and brush five days before the letter arrived.
City staff explained property maintenance responsibilities: owners must trim branches to provide 15 feet of vertical clearance over the roadway and 8 feet above sidewalks and maintain half of an alley so it remains passable for vehicles and emergency access. Staff also noted the ordinance’s civil-penalty language and that enforcement notices are mailed after inspections and reports are processed.
The resident said he had trimmed saplings and brush and asked how far into the alley he was required to clear. Staff advised the city may need to verify whether the vegetation is on private property or city right-of-way and clarified the enforcement process. Given the resident’s explanation and that the alley appeared passable, council concluded no nuisance existed at 412 Maxwell Street and did not take enforcement action at the meeting.
The council reiterated that repeated violations could result in notices and potential civil penalties if the property were not brought into compliance in future inspections.
