Bolinas Community Public Utility District

Ordinance No. 34

Amends Ordinance 30

Ordinance No. 30 is hereby amended to include the following provisions in the places indicated:

II. G.  Dangerous Tree:   Any tree or other plant which is capable and likely to fall or shed limbs such as to constitute a danger to persons or property, including but not limited to that which would amount to a public or a private nuisance.

VI. A.  Dangerous trees in right of way:

        1.  There shall be a fund maintained on an annual basis for the purpose of removal of dangerous trees.

        2.  Subject to Board of Directors’ review, the General Manager shall choose which such trees shall be removed and allocate available funds for their removal according to the following criteria, no single one of which shall be controlling:

            a.  the degree of harm or damage that might be done by the tree weighed against its likelihood of occurrence;
            b.  the cost weighed against the benefit;
            c.  whether or not there is an offer by a private party or parties to participate in the project by donating services, materials, or money;
            d.  whether or not there is a demand or request by a private party or parties that the district remove a dangerous tree which threatens his or her person or property.

        3.  The General Manager shall publicize from time to time in such manner as he or she deem effective, the District’s purpose to remove such trees from its property and invite the public to notify the District of such trees.

        This ordinance takes effect thirty days after adoption, following public posting and publication in a newspaper of general circulation not less than 7 days before the effective date.

        PASSED AND ADOPTED this 16th Day of June, 2004, by the following vote:

AYES:            Amoroso, Bertsch, McClellan, Siedman, Smith
NOES:            None
ABSTAIN:      None
ABSENT:        None
 Signed:  Joan Bertsch, President - Board of Directors
 attest:    Philip Buchanan,  Secretary to the Board of Directors