Chapter 8-08
TREES AND SHRUBS IN PUBLIC PLACES
Sections:
8-08.040 City Forester—Tree regulations.
8-08.050 Tree planting, maintenance, and removal regulations.
8-08.060 Damage or injury prohibited—Protection of trees.
8-08.070 Public nuisances—Obstruction of public places.
8-08.080 Coordination of review.
8-08.110 Penalties for offenses—Remedies not exclusive.
8-08.010 Purpose.
This chapter regulates the planting, maintenance, protection, and removal of city-owned trees and shrubs in city rights-of-way and in city parks and open space; and establishes the Office of City Forester in the Department of Public Services. (Ord. 2004-2 § 2 (part))
8-08.020 Title.
This chapter shall be known as “city tree ordinance.” (Ord. 2004-2 § 2 (part))
8-08.030 Definitions.
Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning, and application of words and phrases used in this chapter.
“Caliper” means the diameter in inches of the tree trunk, twelve (12) inches above the base of the tree.
“City agency” means any department, board, commission, committee, or other entity within the government of the city of Laguna Hills.
“DBH” (diameter at breast height) means the diameter of the tree trunks at the height of four feet six inches from the finished grade at the back of the tree.
“Director” means the Public Services Director of the city of Laguna Hills or his or her designee.
“Maintenance” or “maintained,” when used in reference to trees, means and includes pruning, spraying, fertilizing, irrigating, bracing, treating for disease or injury, and any other similar acts that promote the lift, growth, health, or beauty of such trees.
“Permit” or “encroachment permit” means an authorization to construct, install, or maintain an improvement temporarily or permanently within a public place, as approved by the Director, according to the rules set forth in this chapter and set forth in Chapter 12-12 of the Laguna Hills Municipal Code.
“Public place” means any public highway, street, easement, way, place, alley, sidewalk, park, square, plaza, open space, creek, public facility, or any other similar public property owned by the city.
“Trees” means trees that shall include all varieties of trees, shrubs, and other ornamental or woody vegetation that are viable year-round, owned by the city of Laguna Hills, and located in a public place. (Ord. 2004-2 § 2 (part))
8-08.040 City Forester—Tree regulations.
A. The Office of the City Forester is established in the Department of Public Services. The City Forester shall be the person(s) designated by the Director to provide guidance to the Director for the maintenance of trees.
B. The Director shall have the authority to implement and enforce the provisions of this chapter and approve, deny, or unconditionally approve permits or consents required by this chapter and in conformance with Chapter 12-12 of the Laguna Hills Municipal Code.
C. The Director shall have the authority to adopt rules and regulations regarding arboricultural specifications and standards of practice, consistent with those specifications and standards recognized and practiced by the International Society of Arboriculture, and such additional rules and regulations as regulations shall govern the planting, maintenance, pruning, removal, fertilization, and protection of trees in public areas.
(Ord. 2004-2 § 2 (part))
8-08.050 Tree planting, maintenance, and removal regulations.
A. No person shall plant, move, spray, trim, remove, prune, replace, cut, or otherwise disturb any tree in any public place without first obtaining a permit from the Director. All work for which such permit is given shall be done in accordance with the rules and regulations in Section 8-08.040(C) and subsections B and C of this section.
B. Whenever a person or city agency obtains a permit pursuant to subsection A of this section to remove a city tree from any public place, such persons or agency shall replace the tree within three months of the issuance of the tree removal permit in a location to be determined by the Director. Such replacement shall meet the standards of size, species, and placement as provided for in the tree removal permit issued by the Director. Unless the Director determines otherwise, city trees shall be replaced by the caliper inch, such that for every inch of DBH removed, an equal number of caliper inches shall be replaced (e.g., the remove of one twelve (12) inch DBH tree shall necessitate the planting of six two-inch caliper trees or four three-inch caliper trees, etc.).
C. Whenever persons are required to replace a tree in any public place, a one-year guarantee of the trees’ health with a warranty bond shall be provided for such replacement trees.
D. The Director shall determine whether trees in public places are hazardous and whether to remove hazardous trees from public places. The Director shall not cause any tree to be removed, trimmed, or altered for litter or for the purpose of a view protection or restoration.
E. Whenever it is necessary to remove a tree from a public place in connection with the paving of a sidewalk/curb or the placement or widening of a street, the city or responsible agency or person shall replant or replace such tree. If conditions prevent replanting in the public place, planting on the adjoining property or an alternate site approved by the Director may satisfy this requirement.
F. Requests from private citizens that new street trees be planted near their property shall be accommodated in accordance with planting priorities established by the Director pursuant to Section 8-08.040(C).
G. Whenever any person is required to replace a tree in any public place pursuant to this chapter, inspections of the tree(s) by the City Forester shall be carried out, whenever possible, prior to planting in order to ensure tree health and quality.
H. It is the responsibility of utility companies to prune trees that interfere with utility wires in accordance with state orders for clearance of trees from electrical utilities. Utility companies performing pruning work done under state orders are exempt from obtaining a permit from the Director.
(Ord. 2004-2 § 2 (part))
8-08.060 Damage or injury prohibited—Protection of trees.
A. No person, except when authorized by the Director, shall damage, cut, carve, transplant, prune, or remove any tree in a public place; allow any gas, liquid, solid or other harmful substance to come in contact to any tree in a public place; set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree in a public place; attach any electrical installation to any tree; or attach any wire, advertising posters, nails, or other contrivance to any tree in a public place.
B. No person, except when authorized by the Director, shall undertake any construction or development activity including, but not limited to, the excavation of ditches, tunnels, or trenches or the laying of pavement within the dripline of any tree in a public place as determined by the Director.
C. No person, except when authorized by the Director, shall move or park vehicles associated with any construction or development activity, which may affect any tree in a public place.
D. The topping of any tree in a public place is prohibited, except as a precursor to the ultimate removal of the tree in a public place as a result of a threat to life or property as determined by the Director.
E. Any person performing construction or building operations shall erect suitable protective barriers around any trees in a public place apt to be injured by said operation, after first obtaining a written permit to do so from the Director in accordance with Chapter 12-12 of the Laguna Hills Municipal Code.
(Ord. 2004-2 § 2 (part))
8-08.070 Public nuisances—Obstruction of public places.
A. It shall be the duty of any person owning real property bordering on a public place to ensure that privately-owned trees on that property are pruned in a manner such that the privately-owned trees will not encroach into a public parkway, public sidewalk, public alley, or public street in such a way as to impede sight distance, vehicle use, or pedestrian use as determined by the Director per Section 12-12.080(N).
B. Should any person owning real property bordering on any public place fail to comply with subsection A of this section or Section 12-12.080(N), the Director shall declare the tree to be a public nuisance and order the owner to take corrective action within fifteen (15) days after the receipt of written notice. The order required in this chapter shall be served by mailing a copy of it to the last known address of the property owner. If the person fails to comply with the order issued by the Director, it is lawful for the city to prune such tree or to pay for such pruning, and the cost thereof shall be assessed to the owner of said tree.
C. If the Director should determine that said public nuisance endangers public health or safety, so as to require for the protection of the public health and safety, the Director may order the immediate abatement of said public nuisance without notice to the owner or occupier, and enter said premises to trim or prune any tree that constitutes the public nuisance and the cost thereof shall be assessed to the owner of said tree.
(Ord. 2004-2 § 2 (part))
8-08.080 Coordination of review.
When tree plantings are to be done on projects that also require site development plan review, the City Forester and the Director of Community Development shall coordinate review of the proposed tree planting plan. (Ord. 2004-2 § 2 (part))
8-08.090 Emergency work.
This chapter shall not govern any emergency activity by police, fire, or other emergency officials immediately necessary to protect life, safety, or property or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees in a public place from unnecessary damage. (Ord. 2004-2 § 2 (part))
8-08.100 Appeals.
Upon payment of an appeal fee as set forth by resolution of the City Council, the applicant may appeal to the City Council the Directors decision to issue or deny a permit pursuant to Section 8-08.050(A). The applicant must file a written appeal with the City Council within ten days of issuance or denial of the permit pursuant to Section 8-08.050(A). The City Clerk shall give written notice of the time and place of the hearing to the applicant within thirty (30) days of receipt of the notice of appeal. In conducting the hearing, the City Council shall not be limited by the technical rules of evidence. The City Council shall issue its decision within thirty (30) days of the hearing. The decision of the City Council shall be final. (Ord. 2004-2 § 2 (part))
8-08.110 Penalties for offenses—Remedies not exclusive.
Violation of any provision of this chapter, or failing to comply with any violation of any provision of this chapter, shall be deemed to be a public nuisance and may be abated as such and shall also be subject to the criminal and administrative sanctions set forth in Title 1 of the Laguna Hills Municipal Code. Notwithstanding such remedies, the city reserves the right to seek damages under applicable provisions of state law. (Ord. 2004-2 § 2 (part))