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A. It shall be the responsibility and duty of the abutting property owner to maintain, repair and construct adjacent landscape strips in an attractive and safe manner when utilized for parking motorized vehicles as follows:

1. When any landscape strip permitted under ACC 10.36.270(A)(10) is permitted to be utilized for parking, the duty, burden, and expense of the maintenance and general upkeep of such landscape strip shall be the responsibility of the owner of the private property directly abutting the landscape strip.

2. The parking area associated with a landscape strip shall be free of conflicts with utilities, fire hydrants, and landscaping as determined by the city engineer, and notwithstanding and in addition to any other provisions, no parking shall be permitted on any landscape strip within 15 feet of a fire hydrant, street tree or driveway cut.

3. A parked vehicle shall not obstruct the traveled way of the street, the sidewalk, or any other pedestrian pathways and be located in a way that does not impede sight distance for other vehicles or pedestrians from exiting or entering driveways or side streets.

4. The owner shall not allow any material to be tracked onto the city street, such as mud, gravel, or other debris.

5. For construction of any new landscape strips, or reconstruction of existing landscape strips allowed for parking, the owner of the private property directly abutting the landscape strip shall utilize a surface material that allows stormwater to be absorbed, filtered, and cleaned before discharging to the groundwater. As determined by the city engineer, materials such as brick, interlocking pavers, grassblock, turfblock, gravel, or porous concrete/asphalt/pavement are acceptable materials.

6. The provisions hereof may be enforced by the city’s police department for parking violations or other criminal violations or traffic infractions, or by the city’s code enforcement officers for compliance with maintenance and repair requirements, or either the police and code enforcement departments, jointly or separately, where appropriate.

B. The above duties and responsibilities shall continue so long as the landscape strip is able to be used for parking in compliance with city standards; provided, that the property owner may request in writing of the city engineer that the landscape strip abutting their property no longer be used for parking. The city engineer shall evaluate any such request and determine what measures the property owner must take to restore the landscape strip to a functional landscape area to remove it from availability for parking. The city engineer shall also be authorized to evaluate any other steps appropriate for such transition. (Ord. 6275 § 3, 2010.)