Chapter 11.36
STREET TREES1
Sections:
11.36.040 Trimming, removing or injuring trees and other plants – Permit required.
11.36.050 Application – Contents.
11.36.060 Permit – Issuance conditions.
11.36.080 Replacement of trees required when.
11.36.090 Tree trimming for moving buildings or structures.
11.36.100 Violations – Penalty.
11.36.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
A. “Director” means the director of public works of the city of Covina or designee thereof.
B. “Public street” means every way set apart for public travel or use in the city, including the entire parkway strip, sidewalk area, easements and rights-of-way granted to the city. (Ord. 10-1987 § 16, 2010.)
11.36.020 Master plan.
All trees and shrubs hereafter planted in any public street shall conform as to species, spacing and location to the master street tree plan and reports adopted by the city council, which by reference is made a part of this chapter and is on file with the director.
Amendments and additions to the master street tree plan shall be by resolution of the city council and shall thereby become a part of the master street tree plan. (Ord. 10-1987 § 16, 2010.)
11.36.030 Enforcement.
It shall be the duty of the director to carry out the provisions of this chapter, and for that purpose he is authorized to promulgate such rules and regulations as may be necessary for accomplishing the purpose of this chapter.
The director may perform any necessary operations on any tree, shrub or plant in any public street for the accomplishment of the master street tree plan or for the protection of public improvements or persons using the public streets.
Any portion of any tree or shrub growing in private property but extending into a public street may have such portion trimmed or pruned by the director for the protection of public improvements or persons using the public streets. (Ord. 10-1987 § 16, 2010.)
11.36.040 Trimming, removing or injuring trees and other plants – Permit required.
It is unlawful for any person, firm or corporation, other than the director, to trim, prune, cut, break, deface, destroy, burn or remove any shade or ornamental tree, hedge, plant, shrub or flower growing or to grow upon any public street a tree within the city of Covina, without first having obtained a permit from the director; or to deface, bend, break or destroy, or in any manner injure or remove any frame, post, trellis or other structure used to protect or support any such tree, hedge, plant, shrub or flower; or to plant or place thereon or attach thereto any sign, notice or other advertising device. (Ord. 10-1987 § 16, 2010.)
11.36.050 Application – Contents.
Application for a permit shall be made in writing to the director, on the forms provided by the director, along with an application fee, which shall be set from time to time by city council resolution. The director may make such reasonable changes or additions to any application for a permit as are necessary to implement the provisions of this chapter. An applicant for a permit shall state in the application: name, address, and such other information as is required by this chapter or by the director as he may reasonably require to determine compliance with this chapter. (Ord. 10-1987 § 16, 2010.)
11.36.060 Permit – Issuance conditions.
A permit shall not be granted to any person, firm or corporation, except:
A. A person, firm or corporation who owns or is the tenant of the property adjacent to that portion of the public street on which the shade or ornamental trees, hedges, plants, shrubs or flowers which it is proposed to trim, prune, cut, break, deface, destroy, burn, remove or grow;
B. A person, firm or corporation having a valid, unrevoked easement or franchise, with the exercise of which the shade or ornamental trees, hedges, plants, shrubs or flowers interfere, and the trimming, pruning, cutting, breaking, defacing, destruction, burning or removing of which is necessary to the exercise of such easement or franchise;
C. A person, firm or corporation whose principal business is tree trimming and maintenance and tree surgery, who, in the opinion of the director, is qualified for such business, and who deposits with the director a sum sufficient, in the opinion of the director, to reimburse the city for any expense necessarily incurred to do corrective tree trimming, removal and replacement necessitated by any trimming done by the permittee. The city shall deduct from the deposit the actual cost of any necessary corrective trimming, pruning, removal and replacement and shall refund the balance to the permittee. Should the cost be greater than the deposit, the permittee upon demand shall pay to the director an amount equal to such excess. Further permits shall not be issued until such payment is made;
D. After the applicant for a permit has provided proof of public liability insurance in a form satisfactory to the director and in an amount of not less than $300,000 and property damage insurance in an amount not less than $100,000. (Ord. 10-1987 § 16, 2010.)
11.36.070 Permit – Denial.
A permit shall be denied if, as reasonably determined by the director, the activity proposed by the applicant will:
A. Be in violation of any provision of this chapter; or
B. Endanger the public health, safety and general welfare, or interfere with users of the public right-of-way or with holders of other similar permits. (Ord. 10-1987 § 16, 2010.)
11.36.080 Replacement of trees required when.
No permit for the removal of any tree shall be issued under this chapter unless and until the applicant agrees to replace the tree with another tree, of a type and quality to be determined by the director. This condition may be waived by the director when replacement of such tree is not desirable in the public interest. (Ord. 10-1987 § 16, 2010.)
11.36.090 Tree trimming for moving buildings or structures.
A. Investigation of Proposed Route. Before any permit is issued pursuant to this chapter, the permittee shall investigate the proposed route and determine whether the moving of any building or structure as proposed in and over the route specified in the application can be done without any excessive or damaging tree trimming.
B. Permit Issuance. If tree trimming is required to facilitate the moving of the building or structure, the director may issue a permit to the applicant, pursuant to CMC 11.36.060, authorizing such tree trimming and containing conditions prescribed by the director to assure against damage or injury to persons or property and to provide indemnity for any damage or injury resulting from the work. In the alternative, the director may require the permittee to select a different route which will not require excessive or damaging tree trimming, if such a route is feasible. (Ord. 10-1987 § 16, 2010.)
11.36.100 Violations – Penalty.
A. Any person, firm or corporation who shall violate any of the provisions of this chapter shall be guilty of a misdemeanor.
B. Any person, firm or corporation who shall violate any of the provisions of this chapter shall bear the expense of replacing any tree, shrub or plant more than one-third destroyed by such violation, in addition to other penalties provided by law. (Ord. 10-1987 § 16, 2010.)
For statutory provisions regarding municipal programs of shade tree plantings, see Government Code § 40401.
Prior history: 1964 Code §§ 27.1 – 27.6; Ord. 1394.