Chapter 12.40
HIGH-RISK TREES AND NUISANCE TREES
Sections:
12.40.020 Actions to be undertaken for dead Trees and Trees assessed as High-Risk.
12.40.040 Abatement of nuisance.
12.40.010 High-Risk Trees.
A Tree with: (a) one or more defects (e.g., disease, significant lean, large cracks, a shallow root system); and (b) one or more targets (e.g., a use area or structure that would be struck or otherwise damaged in the event the Tree fell) imposes risks upon the community; or (c) because of age, is nearing mortality. Risk levels shall be determined using the International Society of Arboriculture (ISA) Hazard Tree Evaluation rating system, as detailed in the Urban Forestry Standards.
Protected Trees in the moderate risk category, with a potential failure rating of six to eight, shall be monitored by the property owner at least annually, as well as upon any significant change in condition. Actions should be considered that will ameliorate the risk and that may extend the life of the Tree. The property owner shall develop a course of action for any Protected Tree in the High-Risk category, with a potential failure rating of nine or higher. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.40.020 Actions to be undertaken for dead Trees and Trees assessed as High-Risk.
When a Protected Tree is assessed as high-risk, the actions taken shall be those that Remove the risk while imposing the least impact on the Tree. Such actions may involve Removing a critical limb, drastically reducing the Tree’s overall height, or Removing the Tree. If the situation is an Emergency, such that the Tree would be given a potential failure rating of 12, extreme, immediate action is necessary, including, for example, cordoning off the area, to ameliorate the risk, until the appropriate work can be completed. No notice shall be required for Emergency Tree Removal. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.40.030 Nuisance Trees.
A Tree meeting one or more of the following criteria may be determined to be a public nuisance:
(a) Containing one or more limbs that obscure and impair the view of passing motorists, cyclists, or pedestrians so as to create a safety hazard;
(b) Limiting access to a fire hydrant or other facility necessary for public safety;
(c) Being irretrievably infested or infected with insect, borer, pest or disease that results in mortality, and that may infect or attack adjacent Trees, which cannot be preventatively treated;
(d) Being infected with pitch canker and having crown damage that exceeds 50 percent of total canopy volume, or has other crown damage exceeding 50 percent;
(e) Imposing a detriment to or crowding an adjacent Protected Tree;
(f) Being of an invasive species as identified by Landscape Trees for Pacific Grove, the California Invasive Plant Council, or the California Invasive Species Advisory Committee;
(g) Such other conditions as agreed to by the city arborist and the property owner. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].
12.40.040 Abatement of nuisance.
The property owner is responsible for addressing the nuisance, using appropriate techniques; if the Tree is a Protected Tree, the owner shall follow the processes detailed in Chapter 12.60 PGMC (Permit Application and Processing). When a Tree imposing a nuisance exists, for which the owner is not taking the appropriate action, the city arborist may give written notice thereof to the property owner, in the manner provided in PGMC 1.12.010 (Giving of notice). Such notice shall describe the condition, state the work necessary to remedy the condition, and shall specify the time within which the work is to be performed. After the giving of such notice a copy shall be conspicuously posted on the property upon which such public nuisance is alleged to exist. If, at the end of the time specified, such work has not been performed, the city may perform such work, and the cost thereof shall constitute a charge against such owner, and, if unpaid within 90 days of notice, shall be proposed to the city council as a lien on such property. [Ord. 13-013 § 3, 2013; Ord. 12-017 § 6, 2012].