Chapter 12.20
PRIVATELY OWNED STREET TREES
Sections:
12.20.010 Enforcement authority.
12.20.020 Owning, planting trees within public right-of-way.
12.20.030 Duty to maintain street trees and sidewalks.
12.20.040 Street trees not in conformance with City standards.
12.20.050 Street trees causing street, utility or sidewalk hazard.
12.20.060 Street trees creating traffic hazard.
12.20.070 Abatement of nuisance conditions.
12.20.080 Recovery of cost of nuisance abatement.
12.20.090 Right to appeals hearing.
12.20.100 Violations may be charged as infractions.
12.20.010 Enforcement authority.
The public works director, or a duly authorized representative of the public works director (hereinafter, “the director”), is charged with responsibility for enforcing this chapter. (Ord. 999 § 1, 2003. Code 1964 § 16-16.)
12.20.020 Owning, planting trees within public right-of-way.
Any person planting, setting, or owning any tree or other vegetation in or on any portion of a public right-of-way within the City limits shall plant, set, own, trim, or remove any such tree or vegetation in accordance with City standards and only after obtaining approval of the director. Any tree or other vegetation, regardless of whether planted on public or private property, that intrudes into a public right-of-way or in any way impairs a public improvement is hereinafter referred to as “street tree.” City standards for planting, setting, trimming, or removing street trees shall be established and maintained by the City arborist. (Ord. 999 § 1, 2003. Code 1964 § 16-17.)
12.20.030 Duty to maintain street trees and sidewalks.
It shall be the duty of every person owning real property within the City to maintain any street tree belonging to said property owner so as to avoid damage to any sidewalk or other public improvement within a public right-of-way. It shall be the further duty of every person owning real property within the City to repair and maintain any sidewalk or other public improvement that has been damaged by a street tree belonging to such property owner. A property owner who fails to maintain a street tree so as to avoid damage to any sidewalk or other public improvement within a public right-of-way shall be liable for any injury or damage to any member of the public resulting from such failure to maintain a street tree. A property owner who fails to repair or maintain a sidewalk or other public improvement within a public right-of-way that has been damaged by a street tree belonging to such owner shall be liable for any injury or damage to any member of the public resulting from his/her/its failure to repair or maintain such sidewalk or other public improvement. For purposes of this section, the phrase “sidewalk or other public improvement” shall include planter strips located within the public right-of-way. (Ord. 999 § 1, 2003. Code 1964 § 16-18.)
12.20.040 Street trees not in conformance with City standards.
Any street tree that is not planted, set, trimmed or removed in accordance with City standards, as established and maintained by the City arborist, is a public nuisance. (Ord. 999 § 1, 2003. Code 1964 § 16-19.)
12.20.050 Street trees causing street, utility or sidewalk hazard.
Any street tree that endangers the security and usefulness of any public street, utility or sidewalk by causing cracks, breaks and uneven surfaces, or by causing other damage to public property, or otherwise endangers the health, safety or welfare of the public, is a public nuisance. (Ord. 999 § 1, 2003. Code 1964 § 16-20.)
12.20.060 Street trees creating traffic hazard.
Any street tree which, in the opinion of the director, constitutes a hazard to vehicular, bicycle, or pedestrian traffic by obstructing visibility or free movement along a public street or sidewalk is a public nuisance. (Ord. 999 § 1, 2003. Code 1964 § 16-21.)
12.20.070 Abatement of nuisance conditions.
The director may order the owner(s) of any street tree that has been determined to be a public nuisance to trim or remove such tree in accordance with City standards. If the owner of any street tree fails to trim or remove such street tree within a reasonable time after having been ordered to do so by the director, the City may trim or remove such street tree after giving written notice to the owner of its intent to trim or remove. Any order to trim or remove trees issued by the director shall be in the form, and shall be served in the manner, described in HMC 1.12.110. (Ord. 999 § 1, 2003. Code 1964 § 16-22.)
12.20.080 Recovery of cost of nuisance abatement.
The City may recover any costs of abatement of a public nuisance under this chapter, including the cost of trimming or removal of any street tree, and the cost of repair to any portion of a public improvement (street, sidewalk, utility, etc.) that is damaged by a street tree. The cost of abatement and/or repair shall be accounted for and reported to the City Council in the manner set forth in HMC 1.12.160. Any costs assessed against a property owner under this chapter shall become a special assessment and lien against the property where the nuisance condition exists, pursuant to Government Code Section 38773.5(c). (Ord. 999 § 1, 2003. Code 1964 § 16-23.)
12.20.090 Right to appeals hearing.
Any person who is dissatisfied with, or is otherwise impacted by, any order of the director pursuant to this chapter may appeal such order to the City Council in the manner set forth in HMC 1.12.120. Any appeal shall be scheduled for a public hearing by the City Clerk within the next two regularly scheduled City Council meetings. (Ord. 999 § 1, 2003. Code 1964 § 16-24.)
12.20.100 Violations may be charged as infractions.
Any violation of this chapter, including without limitation the planting, setting, trimming or removal of a street tree other than in accordance with City standards, or the refusal to carry out an order of the director regarding the planting, setting, trimming or removal of a street tree, is punishable as an infraction. Prosecution of a violation of any provision of this chapter as an infraction is in addition to any other remedy available at law, including abatement. (Ord. 999 § 1, 2003. Code 1964 § 16-25.)