Chapter 11.10
TREES, SHRUBS AND PLANTS1
Sections:
11.10.010 Plantings on city property – Policy.
11.10.020 Rules and regulations.
11.10.040 Inspection – Superintendent of public works authority.
11.10.050 Planting permit requirements.
11.10.060 Maintenance work or removal – Permit required.
11.10.070 Duties of private property owners.
11.10.080 Discretionary city activities.
11.10.090 Protection of trees and shrubs.
11.10.100 Damaging or removing trees, shrubs or plants prohibited.
11.10.110 Liability limitations.
11.10.010 Plantings on city property – Policy.
A. The city shall promote the planting of trees at all properties owned by the city.
B. Plans for improvements to be made at public facilities shall be reviewed for opportunities to increase the number of trees planted at such facilities prior to their finalization.
C. Any removal of trees at city-owned facilities shall only be accomplished after a review by the planning and public works departments, and any trees required to be removed shall be replace on a ratio of at least one new tree for every tree removed.
D. There shall be a full planting of street trees on all streets adjacent to city facilities, whenever new construction, including sidewalk construction, is undertaken on the property of the city, except where the physical conditions of the site prohibit such planting, in which case planting may be accomplished on the city property adjacent to the sidewalk, or in an equivalent number on other streets near the city facility. (Ord. 225 § 1, 1976).
11.10.020 Rules and regulations.
The city council shall establish by resolution rules and regulations for planting and maintenance of trees in the public right-of-way, in accord with permits issued under this section and Sections 11.10.050 and 11.10.060. (Ord. 225 § 6, 1976).
11.10.030 Required plantings.
A. The city shall promote the planting of trees alongside the streets of the city, and departments of the city which presently administer existing requirements for such planting shall fully apply their authority for that purpose.
B. Every new project for which a building or other city permit is required, and/or where construction of gutter and sidewalk is necessary, including construction financed through assessment district proceedings, shall include full street-tree planting. This requirement may, if necessary, be satisfied by planting on private property adjacent to the sidewalk in an easement acquired for this purpose.
C. Prior to the issuance of the building permit, the planning department shall determine either that street trees exist to the satisfaction of standards established by resolution of the city council, or that installation of such trees has been guaranteed by performance bonds or other means to the satisfaction of such standards. Exceptions may be granted in cases in which it would be impossible or undesirable to place such trees. This provision shall not be applied where the permit application is for repair, addition or improvement of a value of less than one thousand dollars.
D. The city council shall by resolution designate an approved variety or varieties of tree for each street in the city. All trees planted as street trees shall conform to the designation established by the council.
E. Sufficient space to permit healthy growth of the designated tree shall be provided when curbs and sidewalks are constructed. Standard specifications for construction of sidewalks shall provide for sufficient planter space in accordance with resolution of the city council. (Ord. 225 § 2, 1976).
11.10.040 Inspection – Superintendent of public works authority.
The superintendent of public works or his designee may inspect any tree, hedge, shrub or plant upon any street, park, boulevard, alley or public right-of-way of the city, or any tree, shrub or plant standing on any private property, to determine whether the same or any portion thereof is in such condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on any street, park, boulevard, alley or public right-of-way. (Ord. 225 § 3, 1976).
11.10.050 Planting permit requirements.
No person shall plant or set out any tree or plant on public property, including existing or established future street rights-of-way, without first filing an application and procuring a permit from the superintendent. (Ord. 225 § 5, 1976).
11.10.060 Maintenance work or removal – Permit required.
No person shall trim, spray, break, cut, deface, destroy, burn, cement over or remove trees, plants or grassy areas in the public right-of-way without first filing an application and procuring a permit from the superintendent, as provided in resolution of the city council, except that ordinary maintenance of plants, shrubs or grass shall not require such a permit. The superintendent, upon determination that a tree has value as an historical or aesthetically enhancing object, may base denial of his permit on such basis. (Ord. 225 § 4(1), 1976).
11.10.070 Duties of private property owners.
A. It shall be the duty of any person having trees, shrubs, grass or other vegetation planted in the public right-of-way adjacent to his or her property, to water and generally maintain such trees, shrubs, grass and vegetation. It shall also be the duty of any person having trees, shrubs, grass or other vegetation planted in the public right-of-way adjacent to his or her property, or planted on his or her private property, to repair any damage to the public right-of-way or other city property caused by the trees, shrubs, grass or vegetation.
B. The superintendent may, in his or her discretion, water and maintain trees and vegetation within the public rights-of-way in certain areas, if he or she deems provision of such services warranted because of unusual circumstances. However, this subsection is not intended to relieve private property owners of their obligation to water and maintain trees and vegetation as required in subsection A of this section and to repair any damage to the public right-of-way or other city property caused by the trees and vegetation. (Ord. 797 § 1, 2007: Ord. 225 § 7, 1976).
11.10.080 Discretionary city activities.
A. The city may, in its discretion, trim trees located within the public right-of-way so as to avoid a hazard to public places, interfere with the proper lighting of public highways by the street lights, or obstruct or interfere with adjacent sidewalks, street signs, traffic signs, traffic signals, streets, and street intersections. The city may, in its discretion, also treat or remove any tree or plant so diseased or insect-ridden as to constitute a hazard to public places or to the trees or plants in public places.
B. Nothing contained herein, however, shall operate to relieve a private property owner of his or her obligation to maintain the trees or plants located in the public rights-of-way adjacent to his or her property or to repair any damage to the public right-of-way or other city property caused by the trees or plants. (Ord. 797 § 2, 2007: Ord. 225 § 8, 1976).
11.10.090 Protection of trees and shrubs.
During the erection, repair, alteration or removal of any building, house or structure in the city, any person, firm or corporation in charge of such work shall protect any tree, hedge, shrub, plant or grass in any public place in the city in the vicinity of such building or structure with sufficient guards or protectors to prevent injury to such tree, hedge, shrub, plant or grass arising out of or by reason of such erection, repair, alteration or removal. (Ord. 225 § 9, 1976).
11.10.100 Damaging or removing trees, shrubs or plants prohibited.
In any planter or other public area, no person shall:
A. Damage, cut, carve, transplant or remove any tree or plant, or injure the bark;
B. Pick flowers or seeds of any tree or plant;
C. Attach any rope, wire or other contrivance to any tree or plant, unless such rope, wire or contrivance is found to be necessary to guy or support such tree or plant, or guide its proper growth;
D. Dig in or otherwise disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any area;
E. Cause or permit any wire charged with electricity to come in contact with any tree or plant, or allow any gaseous, liquid or solid substance which is harmful to such trees or plants to come in contact with them. (Ord. 225 § 10, 1976).
11.10.110 Liability limitations.
Nothing in this chapter shall be deemed to impose liability upon any member of the city council, or the city, or any of its officers or employees, nor to relieve the owner and occupant of any private property from the duty to keep and maintain his or her private property and the public right-of-way adjacent to such private property in a safe and well-maintained condition, to maintain the trees and plants located in the public rights-of-way adjacent to his or her property and to repair any damage to the public right-of-way or other city property caused by the trees or plants. (Ord. 797 § 3, 2007: Ord. 225 § 11, 1976).
Editor’s Note: For rules and regulations on street trees, see Resolution 76-2; for topping or removal of trees on city property, see Resolution 82-37.