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� � <br />���. <br />Oct. 18, 2004 <br />6. <br />Department Approt�al Manager Approval Agenda section <br />Item Description: � ' <br />Right-of-Way Maintenance lssues <br />I. Background <br />On several occasion�, Councilmember Kough has asked about enhancing the <br />appearance of the g�tassy areas next to city, county, and state roadways. <br />Most recently, he asked about whether the City Code could or should be <br />changed to require private property owners or the county and state to mow <br />these areas. At that time, I indicated we would ask the city attorney for his le- <br />gal opinion, and staffwould also prepare some cost information about what <br />city maintenance fo�tces could do to mow county, state, and private property <br />adj acent to roadways. <br />II. The City Attorney's Opinion <br />Attachment 1 is the city attorney's opinion. I read it as saying (a)the city can <br />legally require priva�.e property owners to mow their own private property (and <br />we do through our Qity Code), but (b) the city cannot require the state and <br />probably cannot reqjuire the county to mow their property (c)nor can the city <br />require private property owners to mow county or state property. <br />III. City Maintenance Costs <br />Attachment 2 reflects the maintenance costs that would be entailed if the <br />Council directed city crews to mow certain areas adjacent to the county and <br />state roadways desc�ibed in that memo. <br />IV. Council Direction <br />Council direction whether the city attorney should prepare amendments to the <br />City Code and whether city staff should mow certain county and state property. <br />