Chapter 12.16
STREET TREES
Sections:
12.16.010 Purpose of provisions.
12.16.020 Definitions and interpretation of language.
12.16.030 Administrative authority.
12.16.040 Master tree list—Applicability.
12.16.050 Tree care unlawful without permit—Exception.
12.16.060 Utility service—Permit for work.
12.16.070 Utility service—Actions restricted.
12.16.090 Inspection—Hazardous condition determination.
12.16.100 Enforcement—Building inspector authority.
12.16.110 Grievance—Right of appeal.
12.16.010 Purpose of provisions.
That it is for the best interests of the city and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in or which may overhang public streets within the city should be developed and established and that the ordinance codified in this chapter is adopted, therefore, for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees. (Ord. 174 N.S. § 1, 1959)
12.16.020 Definitions and interpretation of language.
A. As used in this chapter:
“Building inspector” means the building inspector of the city.
“City” means the city of Cloverdale situated in the county of Sonoma, California.
“Owner” means and includes the legal owner of real property fronting on any street of the city and any lessee of such owner.
“Person” means and includes an individual, a firm, an association, a corporation, a copartnership, and the lessees, trustees, receivers, agents, servants, and employees of any such person.
“Public streets” or “streets” means and includes all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way, or any portion thereof, of the city.
B. Number. Wherever used in this chapter the singular number includes the plural and the plural includes the singular. (Ord. 174 N.S. §§ 2, 3, 1959)
12.16.030 Administrative authority.
The building inspector shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public streets of the city, and shall likewise have supervision, direction, and control of the care, trimming, removal, relocation and replacement thereof, all under the supervision of the planning commission. (Ord. 174 N.S. § 6,1959)
12.16.040 Master tree list—Applicability.
A. The building inspector is hereby charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which may overhang the public streets within the city. Such determination shall be made by the building inspector who may consult with those familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen and park executives. When such determination has been made the building inspector shall report his findings in writing to the planning commission. When approved by the planning commission and ratified by the city council, the report shall be known as the master tree list, shall be placed on file in the office of the city clerk and shall thereafter be the official determination of the building inspector. Revisions or changes in the master tree list may be made from time to time by the building inspector, in the manner described hereinabove, for the development, approval and filing of the original master tree list.
B. All trees hereafter planted in or which may overhang the public streets of the city must be on the master tree list, unless a written permit from the building inspector shall have first been obtained to plant a tree not on the list. Such permit may be granted by the building inspector only upon his training approval therefor from the planning commission. (Ord. 174 N.S. § 5, 1959)
12.16.050 Tree care unlawful without permit—Exception.
It is unlawful and it is hereby prohibited for any person other than the building inspector or his duly authorized agent or deputy to cut, trim, prune, spray, brace, plant, move or replace any tree in any public street within the city, or to cause the same to be done, unless and until a written permit so to do shall have first been obtained from the building inspector. Any such permit must be declared void by the building inspector if its terms are violated. (Ord. 174 N.S. § 7, 1959)
12.16.060 Utility service—Permit for work.
Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the state of California and any duly constituted public agency authorized to provide and providing utility service, shall be given a permit from the building inspector, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform other acts with respect to trees growing adjacent to the public streets of the city or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of the commission and as may be necessary to maintain the safe operation of its business. (Ord. 174 N.S. § 8, 1959)
12.16.070 Utility service—Actions restricted.
No person other than an owner or public utility may do any act for which a permit is required under Section 12.16.050 except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the building inspector, is qualified for such business, and who has obtained a permit to carry on such business in the city from the building inspector. Permits issued pursuant to this section may be granted for a period of one year from the date of issuance. (Ord. 174 N.S. § 9, 1959)
12.16.080 Unlawful acts.
It is unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to bum where such fire or the heat thereof will injure any portion of any tree in any public street in the city, nor shall any person place, apply, attach, or keep attached to any such tree, or to the guard or stake intended for the protection thereof any wire, rope (other than one used to support a young or broken tree), sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever, without having first obtained a written permit from the building inspector so to do. (Ord. 174 N.S. § 10, 1959)
12.16.090 Inspection—Hazardous condition determination.
A. The building inspector may inspect any tree adjacent to or overhanging any public street in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of any one traveling on such public street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any street that in the opinion of the building inspector endangers the life, health, safety, or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within ten days after receipt of written notice thereof from the building inspector, the building inspector shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.
B. Nothing contained herein shall be deemed to impose any liability upon the city, its officers, or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance as hereinabove defined. (Ord. 174 N.S. § 11, 1959)
12.16.100 Enforcement—Building inspector authority.
The building inspector, under the supervision of the planning commission, shall be charged with the enforcement of this chapter. (Ord. 174 N.S. § 4, 1959)
12.16.110 Grievance—Right of appeal.
Any person aggrieved by any act or determination of the building inspector in the exercise of the authority herein granted shall have the right of appeal to the city council of the city, whose decision, after public hearing of the matter, shall be final and conclusive. (Ord. 174 N.S. § 12, 1959)
12.16.120 Violation—Penalty.
Any person violating any of the provisions of this chapter or failing to comply with them shall upon conviction thereof be punished by a fine not to exceed one hundred dollars or by imprisonment not to exceed ninety days or both such fine and imprisonment. (Ord. 174 N.S. § 13, 1959)