Chapter 10.1
STREET TREES AND PLANTS
Sections:
10.1.06 Permit to remove and trim trees and plants.
10.1.07 Notice to remove and trim trees and plants.
10.1.08 Notice to remove and trim dangerous trees and plants.
10.1.09 Abuse and destruction of trees and plants.
10.1.12 Enforcement of provisions.
10.1.01 Title of provisions.
This chapter shall be known as the “Tree Regulations” and may be cited as such. (§ 1, Ord. 218; § 2, Ord. 13-10, eff. Apr. 10, 2013)
10.1.02 Permit required.
No trees or shrubs shall be planted in, or removed from, any public parking strip or other public place in the City without permission from the Public Utilities Director. (§ 3, Ord. 218, as amended by Ord. 94-6, eff. March 24, 1994; § 2, Ord. 13-10, eff. Apr. 10, 2013)
10.1.03 Street tree plan.
All trees and shrubs planted in any public parking strip or other public place in the City shall conform as to species and location with the recommendations established by the Saratoga Horticultural Foundation or to the street tree plan of the City, each of which is hereby made a part of this chapter. (§ 4, Ord. 218; § 2, Ord. 13-10, eff. Apr. 10, 2013)
10.1.04 Care of trees.
All trees planted in any public parking strip or other City property shall receive due care from the adjacent property owner consistent with the standards developed by the American National Standards Institute contained in ANSI A300, and the Best Management Practices developed by the International Society of Arboriculture for implementing these standards. Due care includes but is not limited to adequate irrigation to ensure the long-term health of the tree and proper pruning to provide required sidewalk and street clearances. (§ 2, Ord. 13-10, eff. Apr. 10, 2013)
10.1.05 Prohibited trees.
It shall be unlawful for any person to plant in any sidewalk area as defined in Chapter 9 of Title 7 the following trees:
(a) Acacias;
(b) Black walnuts;
(c) Conifers;
(d) Eucalyptus;
(e) Palms;
(f) Poplars; and
(g) Trees of heaven.
It shall be unlawful to plant willow, cottonwood, or poplar trees anywhere in the City unless the Public Utilities Director approves the site as one where the tree roots will not interfere with a public sewer. (§ 5, Ord. 218, as amended by Ord. 94-6, eff. March 24, 1994; § 2, Ord. 13-10, eff. Apr. 10, 2013. Formerly 10.1.04)
10.1.06 Permit to remove and trim trees and plants.
No person shall cut, trim, prune, plant, remove, injure, or interfere with any tree, shrub, or plant upon any street, park, pleasure ground, boulevard, alley, or public place of the City without the prior permission and approval of the Public Utilities Director. The Public Utilities Director is hereby authorized to grant such permit in his discretion and, where necessary, subject to the condition that the removed tree be replaced by an official tree in conformity with the street tree plan. No such permit shall be valid for a longer period than thirty (30) days after its date of issuance. (§ 9, Ord. 218, as amended by Ord. 94-6, eff. March 24, 1994; § 2, Ord. 13-10, eff. Apr. 10, 2013. Formerly 10.1.05)
10.1.07 Notice to remove and trim trees and plants.
The Public Utilities Director or his duly authorized representative may cause to be trimmed, pruned, or removed any trees, shrubs, plants, or vegetation in any parking strip or other public place or may require any property owner to trim, prune, or remove any trees, shrubs, plants, or vegetation in a parking strip abutting upon such owner’s property. Failure to comply therewith after fifteen (15) days’ notice by the Public Utilities Director shall be deemed a violation of the provisions of this chapter. (§ 6, Ord. 218, as amended by Ord. 94-6, eff. March 24, 1994; § 2, Ord. 13-10, eff. Apr. 10, 2013. Formerly 10.1.06)
10.1.08 Notice to remove and trim dangerous trees and plants.
Any tree or shrub growing in a parking strip, any public place, or in private property, which tree or shrub is endangering, or which in any way may endanger, the security or usefulness of any public street, sewer, or sidewalk or the full and safe operation of public utility wires, is hereby declared to be a public nuisance, and the City may remove or trim such trees, or may permit any public utility to do so, or may require the property owner to remove or trim any such tree on private property or on a parking strip abutting upon such owner’s property. Failure of the property owner or his duly authorized agent to remove or trim such tree after fifteen (15) days’ notice by the Public Utilities Director shall be deemed a violation of the provisions of this chapter, and the Public Utilities Director may then remove or trim such tree. (§ 7, Ord. 218, as amended by Ord. 94-6, eff. March 24, 1994; § 2, Ord. 13-10, eff. Apr. 10, 2013. Formerly 10.1.07)
10.1.09 Abuse and destruction of trees and plants.
It shall be a violation of the provisions of this chapter to abuse, destroy, or mutilate any tree, shrub, or plant in a public parking strip or any other public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill, or other thing to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid, or solid substance which is harmful to such tree to come in contact with its roots or leaves. (§ 10, Ord. 218; § 2, Ord. 13-10, eff. Apr. 10, 2013. Formerly 10.1.08)
10.1.10 Appeals.
Appeals from any direction or order made pursuant to the provisions of this chapter may be made by filing written notice thereof with the City Clerk within ten (10) days after such direction or order is received. The appeal shall state in substance that an appeal is being made from such direction and order to the Council. The City Clerk shall thereupon call such appeal to the attention of the Council at the next regular succeeding meeting, at which meeting the appellant and the Public Utilities Director may present evidence. Action taken by the Council after such hearing shall be conclusive, and in the event the Council shall uphold the decision of the Public Utilities Director, the property owner or his duly authorized agent shall have ten (10) days thereafter to comply with such notice. (§ 8, Ord. 218, as amended by Ord. 94-6, eff. March 24, 1994; § 2, Ord. 13-10, eff. Apr. 10, 2013. Formerly 10.1.09)
10.1.11 Liability.
Nothing contained in this chapter 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, shrub, or plant upon his property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley, or public place within the City. (§ 8, Ord. 218; § 2, Ord. 13-10, eff. Apr. 10, 2013. Formerly 10.1.10)
10.1.12 Enforcement of provisions.
The Public Utilities Director or his duly authorized representative is hereby charged with the enforcement of the provisions of this chapter. (§ 2, Ord. 218, as amended by Ord. 94-6, eff. March 24, 1994; § 2, Ord. 13-10, eff. Apr. 10, 2013. Formerly 10.1.11)