Chapter 19.12 PRESERVATION AND PROTECTION OF PRIVATE TREES

A. Native oak trees grew naturally in Rancho Cordova. As the area has been developed, many types of trees have been planted. Trees are a community asset that cannot provide benefits without human maintenance, care, and protection. A clearly defined, reasonable, and effective ordinance guides the growth of a long-term community tree canopy that provides improved air quality, public and mental health, welfare, safety and environmental benefits to the residents, businesses, and visitors of Rancho Cordova. Trees on both public and private properties contribute to the community tree canopy and the growing of trees on both public and private property is necessary to sustain a community-wide tree canopy. Furthermore, it is recognized that the preservation of trees enhances the natural scenic beauty, sustains the long-term potential increase in property values, which encourages quality development, maintains the original ecology, retains the original tempering effect of extreme temperatures, increases the attractiveness of the city to visitors, helps to reduce soil erosion, and increases the oxygen output of the area which is needed to combat air pollution. For these reasons, in order to promote the health, safety, and general welfare, to preserve and protect significant historical heritage values, to enhance the beauty of the city of Rancho Cordova, and to complement and strengthen zoning, subdivision and land use standards and regulations, while at the same time recognizing individual rights to develop private property, the city council adopts this chapter, establishing basic standards and measures for the preservation and protection of trees.

B. It shall be the policy of the city to preserve all trees possible through its development review process.

C. It is the intent of this chapter to establish regulations for the protection, removal, and preservation of landmark trees and protected trees, as defined herein, within the city in order to retain as many trees as possible consistent with the purpose hereof and the reasonable economic enjoyment of all property in the city.

D. In order to promote health and safety and enhance the beauty and general welfare of Rancho Cordova, it is hereby declared to be the policy of the city to eliminate dangerous conditions caused by trees, shrubs and tree stumps that may result in injuries to persons or property; and to protect all public trees within the city from the spread of disease or pests. [Ord. 12-2017 § 2].

19.12.020 Word construction.

Unless the provisions or the context otherwise requires, the following rules of construction and definitions shall govern the construction of this chapter. The singular number includes the plural, and the plural, the singular. The masculine gender includes the feminine. The present tense includes the past and future tenses, and the future, the present. “Shall” is mandatory and “may” is permissive. [Ord. 12-2017 § 2].

19.12.030 Definitions.

For the purpose of this chapter the following words and terms have the following meanings:

A. “Approving body,” as used in this chapter, shall be any one of the following: city council, public works director, planning commission, or the planning director.

B. “Business day” means a day the city of Rancho Cordova City Hall is open for business.

C. “Certified arborist” means an arborist certified by the International Society of Arboriculture with current certification standing, meeting all current renewal requirements and continuing education requirements; or an ASCA registered consulting arborist with current membership standing, meeting all continuing education requirements; or a Society of American Foresters (SAF) certified urban forester in good standing.

D. “City” means the city of Rancho Cordova.

E. “City council” means the city council of the city of Rancho Cordova.

F. “City arborist” is any certified arborist designated by the public works director, or his or her designee, to act as arborist on behalf of the city of Rancho Cordova.

G. “Damaged or destroyed tree” means the cutting and removal of any protected tree without a tree permit such that more than 50 percent of the live foliage or buds from a protected tree within a 12-month period were removed; the cutting and removal of an entire protected tree; physical damage to a trunk or main leader 50 percent or greater of the circumference; or damage to greater than 33 percent of the root system of a protected tree.

H. “Development project” means any exterior construction work associated with or requiring a building or grading permit for any new building, building addition, building demolition, site grading, excavation or site paving.

I. “Diameter at standard height” or “DSH” means the diameter of a tree measured at four and one-half feet above natural grade, except as specified below. The diameter shall be calculated by using the following formula: diameter equals circumference/3.14.

1. For a tree that branches at or below four and one-half feet, DSH means the diameter at the narrowest point between the grade and the branching point.

2. For a tree with a common root system that branches at the ground, DSH means the sum of the diameter of the largest trunk and one-half the cumulative diameter of the remaining trunks at four and one-half feet above natural grade.

J. “Discretionary project,” as used in this chapter, shall be a project that must be approved by one of the following approving bodies: city council, planning commission, or planning director. Discretionary projects shall include, but are not limited to, a special development permit, a parcel map, a parking reduction permit, a rezone, a site plan approval permit, a subdivision map, a variance, or a conditional use permit.

K. “Dripline” means the maximum measurement from the center of the tree trunk to the most outward lateral branch of the foliar crown of a protected tree.

L. “Easement” means any utility easement, drainage easement, sanitary sewer easement or other legal easement within the city boundaries.

M. “Landmark trees” means any trees designated by council through resolution as a vital and historical part of the city’s landscape such that the trees need to be designated as landmarks for protection and preservation.

N. “Maintain” or “maintenance,” when used in reference to trees, shall mean and include pruning, spraying, mulching, fertilizing, cultivating, supporting, treating for disease or injury, promoting public safety, or any other similar act which promotes the life, growth, health or beauty of trees.

O. “Major trimming” means a cutting or pruning in a way which reduces the overall canopy of the tree by 10 percent or more, or cutting of roots or branches greater than two inches diameter within a 12-month period.

P. “Minor trimming” means a cutting or pruning in a way which reduces the overall canopy by less than 10 percent, does not significantly reduce the overall canopy of the tree, and does not cut roots or branches greater than two inches diameter within a 12-month period.

Q. “Permittee” means a person who has been granted a protected tree permit as provided in this chapter.

R. “Person” includes a natural person, legal owner, firm, association, corporation, co-partnership, trustee, receiver, utility, or an agent or employee thereof.

S. “Planning director” means the planning director of the city of Rancho Cordova, or his or her designee.

T. “Planting easement” means an area of land, usually a strip of land adjoining a street right-of-way, which has been dedicated for the purpose of growing trees, shrubs, or other vegetation.

U. “Private land” shall include all land owned by private interest, and not designated city-owned land.

V. “Protected tree” means:

1. Native oak – Quercus lobata, valley oak; Quercus wislizenii, interior live oak; Quercus douglasii, blue oak; or Quercus morehus, oracle oak – having a trunk diameter of at least six inches or greater; or

2. Any tree species other than a native oak having a trunk diameter of at least 12 inches or greater on nonresidential property; or

3. Any tree species other than a native oak having a trunk diameter of at least 24 inches or greater on residential property; or

4. Any tree planted as a requirement tree for site development, tree permit condition, landscape plan removal replacement, or other designated condition by the public works director or planning director.

5. “Protected tree” does not include any trees for sale within the city sold by a nursery.

W. “Public premises” includes city-owned properties, including but not limited to properties in the right-of-way and owned or managed by the city.

X. “Public nuisance tree” means any tree or shrub that is maintained in violation of this chapter.

Y. “Public tree” means a tree or shrub whose trunk is planted in a street, planting easement, public premises, public sidewalk, median, traffic island or any other right-of-way owned or controlled by the city through an easement, license, fee title, or other permissive grant of use and maintained by the city.

Z. “Public works director” means the director of the department of public works of the city of Rancho Cordova, or his or her designee.

AA. Replacement Value. For purposes of this chapter, “replacement value” shall be determined utilizing the most recent edition of the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers.

BB. “Street” includes the right-of-way width of any city-maintained street, avenue, boulevard, line, walk, road, parkway, alley, or other right-of-way for highway purposes, as determined by the department of public works.

CC. “Topping” means a major trimming of a protected tree which reduces the overall canopy of the tree by more than 50 percent. Topping shall be prohibited in the city, unless otherwise permitted by the public works director.

DD. “Tree permit” means an authorization by the public works director for the planting, major trimming, treatment, or removal of a protected tree.

EE. “Tree protection plan” shall be submitted for approval by the public works director for protecting trees during any site development as requested by the planning director. A plan shall be prepared by a certified arborist stating the protection, steps required and approved work within the dripline or other designated protected areas near protected trees. The tree protection plan shall be included on all construction documents, specification documents, and explained to all contractors and subcontractors working on the subject project.

FF. “Tree purchase specifications” means the specifications that designate the acceptable branching and foliar crown, tree structure, and root system for any trees to be planted in the subject project for the landscape design submitted for approval with a development project or building permit.

GG. “Tree stump” means any portion of the base or trunk of a tree and its roots that remain after a tree is removed. For purposes of this chapter, a “tree stump” must have a diameter of at least six inches or greater. [Ord. 12-2017 § 2].

19.12.040 Protected tree permit required.

No person shall trench, grade or fill within the dripline of any protected tree, or damage, kill or remove any protected tree, or perform a major trimming of any protected tree without an approved tree permit.

It shall be the responsibility of the owner or lessee/tenant of the property on which the protected tree is located and the person performing tree work to have the approved tree permit and/or a copy of the conditions of permit approval at the work site. [Ord. 12-2017 § 2].

19.12.050 Application procedure.

Any person needing a protected tree permit for one or more protected trees shall make application to the public works director. Said application shall contain:

A. A brief statement of the reasons for removal or major trimming, written by a certified arborist;

B. Consent of the owner of record of the land on which the proposed activity is to occur;

C. A tree inventory including: site sketch or site plan showing the accurate location, number of trees affected, species, trunk diameter, approximate height, and approximate dripline of the tree or trees to be removed;

D. If the project involves other discretionary development, then this inventory must be part of the total development plan and must also describe any tree or trees which could be affected by the proposed development;

E. If the application is for the removal of a protected tree, the applicant shall also submit a tree replacement plan pursuant to the standards set forth in RCMC 19.12.120, or as may be amended;

F. Any other pertinent information; and

G. The application and statement from a certified arborist for a tree permit shall be reviewed by staff within 20 business days of submittal. [Ord. 12-2017 § 2].

19.12.060 Protected tree permit provisions.

A. A granted protected tree permit shall be valid for a period of six months from the date of issuance. An extension of time may be granted not to exceed six months.

B. The public works director may impose such reasonable conditions of approval as are necessary and appropriate to minimize the environmental, health or safety effects of the development or use.

C. The protected tree permit or a copy of the conditions of approval shall be kept at the tree removal site at all times.

D. The protected tree permit, or the conditions of approval, shall entitle the applicant to remove or trim only the protected tree or trees approved.

E. If the tree or shrub is to be removed, grinding out the stump to a depth of four inches below grade or the entire removal of the tree stump shall be required. [Ord. 12-2017 § 2].

19.12.070 Decision criteria.

Prior to the issuance of a protected tree permit, the public works director shall review the request. The determination in granting or denying a permit shall be based on the following criteria:

A. The protected tree is found to be dead;

B. The protected tree is found to be dying, and 50 percent or greater of the leaves and buds are dead;

C. The protected tree is found to be attacked by an insect or disease that cannot be mitigated without removing the tree;

D. The protected tree is found to be structurally unsound or presents a significant risk that cannot be reasonably mitigated without removing the tree;

E. The number of trees on a property is overcrowded to where the individual canopy of the protected tree is overlapped or compromised, and the removal of the protected tree would not reduce the property’s tree canopy cover;

F. Whether or not the preservation of the tree would compromise the reasonable use of an owner’s development of land;

G. The number of healthy trees that a given parcel of land will support;

H. The effect of tree removal on soil stability/erosion, particularly near watercourses or on steep slopes;

I. The potential for the tree to be a public nuisance, or interfere with utility service, as well as its proximity to existing structures;

J. The extent to which the tree interferes with efficient operation of a preexisting solar energy system or the potential for the construction of a solar energy system;

K. Whether or not there are any alternatives that would allow for the preservation of the tree;

L. If the applicant is seeking to conduct a major trimming, the public works director will consider the type of trimming and the effect the trimming or pruning will have on the overall health of the tree;

M. The overall impact on the environment;

N. The proposed tree replacement plan pursuant to the standards set forth in RCMC 19.12.120, or as may be amended; and

O. Any other information the public works director finds pertinent to the decision. The protected tree shall be scheduled for a site inspection, if necessary, after receipt of the tree permit application and accompanying certified arborist statement. [Ord. 12-2017 § 2].

19.12.080 Emergency conditions.

An emergency condition shall exist when a protected tree creates an imminent and serious threat to the health and safety of the community or nearby property. Emergency removals shall require an after-the-fact application for approval. A permit application shall be submitted within 10 business days following the date of tree removal and shall include a photograph of the condition requiring removal, and a letter from a certified arborist or report from a recognized emergency worker documenting the emergency condition. [Ord. 12-2017 § 2].

19.12.090 Prohibited actions relating to protected trees.

No person shall, without an approved permit from the public works director, do, or cause to be done by others, any of the following acts:

A. Secure, fasten, or run any rope, wire, sign, unprotected electrical installation or other device or material to, around, or through a protected tree;

B. Break, injure, deface, kill, or destroy a protected tree or allow any fire to burn where it will injure any protected tree;

C. Allow any chemical, gas, smoke, salt brine, oil, pesticide, or other injurious substance to seep, drain, or be emptied upon, above, or below any protected tree;

D. Excavate any ditch, tunnel, or trench, or fill within the dripline of any protected tree;

E. Erect, alter, repair or raze any building or structure without placing suitable guards around all nearby protected trees which may be injured by such operations;

F. Remove any guard or other device or materials intended for the protection of a protected tree or take away or obstruct any open space around the base of a protected tree designed to prevent soil compaction or physical damage; or

G. Allow the topping of any protected tree. [Ord. 12-2017 § 2].

19.12.100 Activity allowed near protected trees.

The following activities are permitted around or near protected trees without a protected tree permit:

A. Paving for existing streets and/or driveways under the supervision of an arborist to guarantee appropriate measures are taken to ensure tree conservation;

B. Parking or operation of motor vehicles within the protected zone on existing paved areas;

C. Placement or storage of equipment or construction material within the protected zone on existing paved areas;

D. Maintenance of under-canopy landscaping for nonnative oak species;

E. Maintenance activities approved by the city within improved parking lots;

F. Pruning of broken branches damaged by weather or failure;

G. Activity performed by a public utility necessary to comply with safety regulations or to repair or avoid the interruption of services, provided such activity is done under the supervision of a certified arborist. [Ord. 12-2017 § 2].

19.12.110 Appeal of denial of protected tree permit.

A. If a permit is denied, the public works director shall provide written notification, including the reasons for denial, to the applicant.

B. The applicant shall have 15 days from the time of the mailing of the aforesaid notice to file an appeal with the city concerning the denial of the tree permit by the public works director. The city manager, or his or her designee, shall appoint a hearing officer. The appeal hearing shall be conducted pursuant to RCMC 16.18.205(F)(8), or as may be amended. [Ord. 12-2017 § 2].

19.12.120 Tree replacement plan.

A. When replacement for tree loss is required by this chapter or through the CEQA process, replacement of the tree shall be provided consistent with the standards set forth in this section. Applicants who are granted permits to remove protected trees shall be required to prepare and implement a tree replacement plan.

B. Replacement Standards.

1. A tree replacement plan for private protected trees located on lots that include single-unit or duplex dwellings must provide for the replacement of one tree for each protected tree removed.

2. Any other tree replacement plan must provide for the replacement of trees at a ratio of one-inch DSH of tree replaced for each inch DSH of tree removed (1:1 ratio) pursuant to subsection (D) of this section, or as may be amended.

3. If tree is removed without an approved permit, the city may impose in-lieu fees and tree replacement based on the tree’s replacement equivalent, as set forth in subsections (C) and (D) of this section.

C. Replacement Options.

1. On-Site or Off-Site Replacement. A tree replacement plan that includes on-site or off-site replacement shall specify where the trees shall be planted and how the trees shall be monitored and maintained for a time period as determined by the public works director. The public works director may require security to ensure that the replacement trees survive for the minimum establishment period as provided in subsection (F) of this section. If the public works director determines that a tree cannot be planted on site or other suitable off-site location within the city due to a reasonable site condition, the applicant shall pay an in-lieu fee as described in subsection (C)(2) of this section into the Rancho Cordova tree program fund, as described in subsection (G) of this section. The fee shall be calculated as the current Rancho Cordova tree or landscape maintenance contract price for purchasing, planting, and providing irrigation to an equivalent number of 15-gallon-size tree containers, as calculated per subsection (D) of this section.

2. Payment of an In-Lieu Fee. The applicant may pay a fee for the loss of the trees in an amount established by resolution of the city council. The in-lieu fee shall be calculated as the current Rancho Cordova tree or landscape maintenance contract price for purchasing, planting, and providing irrigation to an equivalent number of 15-gallon-size tree containers, as calculated per subsection (D) of this section. Such monies shall be deposited in the tree program fund, as described in subsection (G) of this section.

3. Credit for Existing Trees Smaller Than a Private Protected Tree. An applicant may be entitled to replacement credit when the applicant preserves trees that are on the same lot from which the private protected trees were removed and that are smaller than the size requirements of private protected trees. To be entitled to the credit, the preserved trees must be viable long-term. The director shall determine whether a tree is viable long-term by considering the location of the trees, the quality of the environment in which the trees are located, potential impacts to the trees from any proposed development, and other factors that the director deems relevant. If approved the applicant shall receive credit at a rate of one-inch DSH per one-inch DSH of tree preserved with a two-inch minimum credit.

D. Replacement Equivalents. The following equivalent sizes shall be used whenever new trees are planted pursuant to a tree replacement plan or other equivalency calculation made by the director:

1. A tree in a 15-gallon container or smaller equals one-inch DSH;

2. A tree in a 24-inch box equals two-inch DSH; or

3. A tree in a 36-inch box or larger equals three-inch DSH.

E. Waiver Replacement Requirement. The public works director, in his or her discretion, may waive the tree replacement requirements in this section, for the following reasons:

1. The tree removal is required to mitigate overcrowded, overlapping and compromised tree canopies, and the removal of the protected tree would not significantly reduce the property’s tree canopy cover;

2. The condition of the tree with respect to disease, danger of falling, or interference with utility services, is such that the public health, safety, or welfare requires its removal. The tree shall be replaced with at least one tree unless replacement of the tree would be ineffective due to environmental conditions such as disease or contamination; or

3. The tree or its roots are causing, or threatening to cause, damage to any main structure on the property or on any adjacent property and there are no reasonable alternative means to mitigate the damage or threatened damage while minimizing the impact on the tree. Reasonable alternative means of mitigation include, but are not limited to, cutting tree roots, trimming the tree canopy, or installing a root barrier. Removing, relocating, or in any way altering any main structure on the property shall not be considered a reasonable alternative means of mitigation. The tree shall be replaced with at least one tree unless replacement of the tree would be ineffective due to environmental conditions such as disease or contamination.

F. Security.

1. Security may be required for any tree replacement plan that does not include payment of an in-lieu fee. The security shall guarantee the tree permittee’s compliance with conditions of approval and city provisions regarding tree protection and preservation. Security may also be required at the discretion of the public works director to ensure the completion of any additional work specified as a condition of permit approval or other approvals.

2. The security shall be in the amount of the estimated cost of the required work. The applicant shall include the cost estimate as part of the tree replacement plan. The terms and conditions of the security shall be reviewed and approved by the public works director prior to approval of the tree replacement plan.

3. Security posted on actual work required shall be maintained for the time period determined by the public works director.

G. Tree Program Fund. A tree program fund is established for the city of Rancho Cordova for the purposes specified in this section. The monies received in lieu of replacement of illegally removed trees shall be forwarded to the finance director for deposit in the tree program fund. Except as provided in this section, under no circumstances shall the funds collected by the finance director for the tree preservation fund be directed to any other fund to be used for any purposes other than for tree planting and preservation programs and public education programs regarding trees. Tree program fund monies may be directed by the city council to nonprofit organizations for the implementation of programs consistent with the purposes of the tree program fund. [Ord. 12-2017 § 2].

19.12.130 Replanting security.

Adequate security may be required for any project for which a permit or other approval is required pursuant to provisions of this chapter or the zoning code to ensure that the replanting will be performed in compliance with this chapter. The purpose of such security shall be to guarantee the applicant’s compliance with conditions of approval and city ordinance provisions regarding tree protection and preservation. Security may also be required at the discretion of the public works director, or his or her designee, to ensure to completion of any additional work specified as a condition of permit approval or other approvals. The security may be required in the following forms:

A. The security shall be in the amount of 100 percent of the estimated cost of the required work; or

B. The security may be in the form of a letter of credit, cash deposit, or a combination thereof; or

C. The security may be required whenever it appears that substantial work is required, including but not limited to:

1. Substantial grading is required;

2. Significant violations of the RCMC exist;

D. Security posted on actual work required shall be maintained until work is completed;

E. Any interest gained on cash security posted shall accrue to the applicant and his or her designee. [Ord. 12-2017 § 2].

19.12.140 Grading beneath protected tree driplines.

Grading beneath protected trees to be retained shall be given special attention. Every reasonable effort shall be made to avoid creating conditions adverse to the protected tree’s health. The natural ground within the driplines of protected trees shall remain as undisturbed as possible. Grading within the driplines of protected trees will not be permitted unless specifically authorized by the public works director.

A. Major roots two inches or greater in diameter encountered within the protected tree’s dripline in the course of excavation from beneath protected trees which are to be retained shall not be cut and shall be kept moist and covered with earth as soon as possible. Roots one inch to two inches in diameter which are severed shall be pruned and covered to keep moist or covered with earth as soon as possible.

B. Support roots that are inside the dripline of the protected tree shall be protected. The permittee is required to hand-dig in the vicinity of protected trees to prevent root cutting and mangling which may be caused by heavy equipment.

C. Cross-sections may be required where protected trees are located adjacent to roadways, new slopes or critical areas. In addition, a dimension from the face of a protected tree to some critical point or line may be required.

D. Any condition imposed by the city council, planning commission, the planning director, or the public works director relating to grading in the vicinity of protected trees is incorporated into and made a part of the improvement standards. The consulting engineer for the project shall verify in writing on a form to be provided by the public works director that the grading has been completed as required by this section and any conditions imposed. [Ord. 12-2017 § 2].

19.12.150 Development control measures.

The public works director, the planning director, the planning commission or the city council may mandate any or all of the following control measures to mitigate damage to protected trees caused by land development:

A. No grade cuts greater than one foot shall occur within the driplines of protected trees, and no grade cuts whatsoever shall occur within five feet of their trunks;

B. No fill greater than one foot shall be placed within the driplines of protected trees and no fill whatsoever shall be placed within five feet of their trunks;

C. No trenching whatsoever shall be allowed within the driplines of protected trees. If it is absolutely necessary to install underground utilities within the driplines of a protected tree, the trench shall be either bored or drilled;

D. No irrigation system shall be installed within the driplines of native oak tree(s) which may be detrimental to the preservation of the native oak tree(s) unless specifically authorized by the public works director, or his or her designee;

E. Landscaping beneath protected trees may include nonplant materials such as boulders, cobbles, wood chips, etc. Plants shall not be planted closer than six feet from the trunk of a native oak. The only plant species that shall be planted within the dripline of native oak trees are those which are listed as low and very low water use plants in the most current Water Use Classification of Landscape Species (WUCOLS) published by the University of California (http://ucanr.edu/sites/WUCOLS);

F. Paving within the driplines of protected trees should be stringently minimized. When it is absolutely necessary, porous material should be used. [Ord. 12-2017 § 2].

19.12.160 Tree protection plan.

Any development or building permit project that encroaches upon the existing dripline of a protected tree shall require a tree protection plan submitted with the project application. The tree protection plan shall be included on all demolition, grading, construction, and landscaping plans and project specifications. All protected trees and protective fencing or other protection features shall be shown on all project demolition, grading, construction, and landscape plans. [Ord. 12-2017 § 2].

19.12.170 Protected tree reports for tentative subdivision maps.

No application for a tentative subdivision map approval for a subdivision where a protected tree is located shall be considered complete unless it includes a report, in a form acceptable to the public works director, which pertains to preservation of the tree(s) and evaluates the subdivider’s proposals for the preservation, removal, replacement, or relocation of any protected tree(s) on the property. The report shall be prepared by a certified arborist and shall include all protected trees identified pursuant to this chapter. If the subdivider proposes any grading, land movement, or other activity within the dripline of a protected tree referred to in the report, or proposes to relocate or remove any protected tree, the report shall also evaluate any replacement measures proposed by the subdivider and their anticipated effectiveness in preserving the protected tree. [Ord. 12-2017 § 2].

19.12.180 Protected tree reports for parcel maps.

No application for a preliminary parcel map approval for a parcel where a protected tree is located shall be considered complete unless it includes a report, in a form acceptable to the public works director, which pertains to preservation of the tree(s) and evaluates any proposals for the preservation, removal, replacement, or relocation of any protected tree(s) on the property. The report shall be prepared by a certified arborist and shall include all protected trees identified pursuant to this chapter. If the proposal includes any grading, land movement, or other activity within the dripline of a protected tree referred to in the report, or proposes to relocate or remove any protected tree, the report shall also evaluate any replacement measures proposed and their anticipated effectiveness in preserving the protected tree. [Ord. 12-2017 § 2].

19.12.190 Stop work order.

Whenever the public works director, the planning director, the planning commission or the city council determines that any permit, or variance or any action being taken thereunder, or any action under it without a permit, is in conflict with this chapter or with the standards established by the city or any department thereof, or ordinance, regulation, or policy, the public works director shall issue a stop work order which shall prohibit any action thereunder. Such stop work order shall set forth the alleged violations and may list remedies to be taken to correct the violations. The person receiving such a stop work order shall report in writing to the officer, person or body issuing the order within 48 hours regarding the next steps to be taken to correct the violations. Such stop work order may be extended to provide an opportunity for a hearing being extended to the affected party. During the period of such extension, the public works director shall review the matter as herein provided. A stop work order issued pursuant to this section may be withdrawn by the public works director upon a finding that the circumstances giving rise to the order no longer exist. [Ord. 12-2017 § 2].

19.12.200 Fees.

Fees for the issuance of a protected tree permit shall be set by city council resolution, as amended from time to time. [Ord. 12-2017 § 2].

19.12.210 Exemption of city from Solar Shade Control Act.

The city of Rancho Cordova shall be exempt from the provisions of the Solar Shade Control Act pursuant to Section 25985(a) of the California Public Resource Code, or as amended. [Ord. 12-2017 § 2].

19.12.220 Tree stumps prohibited.

Any tree stump that is visible from the public right-of-way is hereby declared a public nuisance and maintenance of a tree stump is prohibited. Any tree stump shall be ground down to a depth of four inches below grade or the entire tree stump shall be removed one year from the date of adoption of the ordinance codified in this chapter and thereafter. [Ord. 12-2017 § 2].

19.12.230 Public nuisances.

Any violation of the provisions of this chapter is unlawful and a public nuisance, and the fully constituted authorities of the city shall immediately commence an action proceeding for the abatement and enjoinment thereof and shall take other steps in the manner provided by law. The city may pursue any and all legal and equitable remedies related to the enforcement of the provisions of this chapter, including criminal, civil, and administrative remedies and penalties pursuant to RCMC 1.01.190. [Ord. 12-2017 § 2].

19.12.240 Violations.

A. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued, or permitted by any such person, and he or she shall be punished accordingly. A violation of this chapter is a misdemeanor and is punishable by imprisonment in the county jail for a period up to six months or by a fine of up to $1,000 or both.

B. In addition to a fine, any violation of this chapter shall also require replacement measures pursuant to RCMC 19.12.120 to offset the violation(s), which shall be determined by the public works director. [Ord. 12-2017 § 2].

19.12.250 Enforcement.

The department of public works, or its designee, is charged with the responsibility of enforcing the provisions of this chapter. The remedies provided for herein shall be cumulative and not exclusive. The public works director, or his or her designee, may upon the presentation of his credentials go upon any premises at any reasonable time for the investigation and inspection of any tree which is suspected to be in violation of this chapter, after having given the owner or occupant thereof at least five days’ prior notice of the date of inspection or sooner if the owner or occupant consents to said inspection. [Ord. 12-2017 § 2].

19.12.260 Appeals and abatement procedures.

The following procedures shall be followed when abating or correcting a condition relative to a public nuisance tree or a violation of this chapter:

A. The owner or occupant of property on which the tree is located shall be notified in writing by certified mail that the tree and tree stump shall be removed, pruned, treated or otherwise abated or that a violation of this chapter occurred and the corrective action necessary;

B. The owner or occupant of property on which the tree is or was located shall have the right to appeal the determination of the public works director;

C. The owner or occupant of such premises shall have 15 days from the time of the mailing of the aforesaid notice to either comply with the terms of the notice of abatement or corrective action or to file an appeal with the city concerning the contemplated action of the public works director. The city manager, or his or her designee, shall appoint a hearing officer. The appeal hearing shall be conducted pursuant to RCMC 16.18.205(F)(8), or as may be amended;

D. If the owner or occupant of such premises or his agent refuses or neglects to comply with the notice or to appeal the order of the public works director within the time specified, the public works director shall cause the tree to be treated, pruned, removed or otherwise abated or the public works director shall take the corrective action necessary;

E. The public works director shall keep an account of the cost of abatement and shall recover delinquent fees, penalties, charges and costs by lien or special assessment pursuant to RCMC 1.01.200. [Ord. 12-2017 § 2].

19.12.270 Interference with authorized personnel.

It is unlawful for any person to prevent, delay or interfere with any work being done under the provisions of this chapter whether the work is done by an employee of the city or a person or firm performing work for the city pursuant to contract, hire or assignment. [Ord. 12-2017 § 2].