Chapter 12.20
MAINTENANCE AND REMOVAL OF PRIVATE LANDSCAPING ON PUBLIC PROPERTY Revised 4/24
Sections:
12.20.030 Landscaping maintenance responsibility.
12.20.040 Property owner maintenance responsibility—Interference with right-of-way and sidewalk.
12.20.050 Obstructions—Notice to owner to remove.
12.20.060 Abatement of nuisance by City.
12.20.070 Permit required to remove protected trees.
12.20.080 Application for and granting of permits—Protected trees on private property.
12.20.110 Appeals—Referral to Planning and Transportation Commission. Revised 4/24
12.20.120 Violation—Tree removal without permit.
12.20.130 Liability limitations.
12.20.010 Intent—Purpose.
The purpose of this chapter is to provide for implementation of the landscaping regulations in Chapter 18.18 as applied to streets, sidewalks and public places. (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.020 Definitions.
A. “Director” means the Director of Public Works of the City or his/her designee.
B. Landscape-related definitions, including but not limited to “hedge,” “shrub,” “prune,” “remove” and “trim,” are further defined in Section 18.41.020.
C. “Persons” means any person, firm, association, organization, partnership, business, trust, company, corporation, public agency, school district, the State of California, its political subdivisions and/or instrumentalities thereof, excluding the City.
D. “Private landscaping” means any landscaping located within the boundaries of privately owned property, and includes any landscaping located within any unimproved public right-of-way abutting a private property and in any park strip or sidewalk abutting a private property, regardless of whether the privately owned property abuts a right-of-way at its front, side or rear boundary line.
E. “Public landscaping” means any landscaping located within any street median, City park or other parcel of publicly owned property, including any tree located in a City maintained park strip on Laurel Street (600, 700, 800 blocks only), and San Carlos Avenue (1100 and 1200 blocks only).
F. “Public right-of-way” means an unimproved right-of-way or a park strip or sidewalk.
G. “Tree” means a woody or fibrous plant, the branches of which spring from and are supported upon a trunk and as further defined in Section 18.41.020.
H. “Unimproved right-of-way” means that portion of a public street, within the public right-of-way, that is not improved or maintained by the City. (Ord. 1491 § 4, 2015: Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1366 § 1, 2005; Ord. 1252 § 2 (part), 1998)
12.20.030 Landscaping maintenance responsibility.
The City of San Carlos shall have the responsibility for trimming and maintaining public landscaping, and private property owners shall be responsible for trimming and maintaining private landscaping. (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.040 Property owner maintenance responsibility—Interference with right-of-way and sidewalk.
The owners of parcels fronting on any portion of a street shall maintain any landscaping on their parcel and in any contiguous public right-of-way, in such condition that the landscaping will not interfere with the public safety and convenience in the use of the streets or sidewalks. Such owners shall also maintain such landscaping so that there is an eight-foot pedestrian clearance from the top of the sidewalk or pathway, and a thirteen-foot vehicular clearance from the top of the curb or top of the pavement. (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.050 Obstructions—Notice to owner to remove.
A. The Director may inspect any and all landscaping which, standing on any private property, including in any public right-of-way, or overhang or projection into any such public right-of-way, to determine whether any of the same, or any part thereof, creates an obstruction or a hazard to the public.
B. Upon his/her determination, the Director shall give written notice personally to the owner or person in possession of the premises, or by mailing a notice to the owner thereof at his last known address, as the same appears on the last equalized assessment roll of the County, to remove or abate the obstruction or the hazard within two weeks from the date of the notice. (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.060 Abatement of nuisance by City.
If a property owner fails or refuses to abate a nuisance, the City may abate the condition and the City’s cost of such abatement shall be reimbursed to the City by the property owner. (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.070 Permit required to remove protected trees.
It is unlawful for any person to remove any protected tree which is a public tree within the City of San Carlos without first obtaining a permit pursuant to Section 18.18.070. The City shall not require a permit for its removal of a public tree, but shall be subject to the findings in Section 18.18.070 in determining whether it should remove a protected tree which is a public tree. (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.080 Application for and granting of permits—Protected trees on public property.
Any person desiring to remove a protected tree which is also a public tree must apply for removal subject to Section 18.18.070. (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.090 Emergencies.
If an emergency develops regarding a protected tree removal which requires immediate response for the safety of life or property, action may be taken by obtaining oral permission of the Director, notwithstanding other provisions contained in this chapter. Such emergencies shall be exempt from protected tree permit application procedures; however, replacement shall occur as provided in Section 18.18.070(C)(6). (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.100 Notice.
Notice shall be posted as provided for in Section 18.18.070(C). (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998)
12.20.110 Appeals—Referral to Planning and Transportation Commission. Revised 4/24
Any decision of the Director regarding this chapter may be appealed to the City Council. Any appeal must be filed within ten days of the decision to issue or deny the permit. The Director may refer a tree removal request to the Planning and Transportation Commission for determination if the Director determines that removal of the tree may cause a significant visual loss or environmental impact to the community. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998. Formerly 12.20.120)
12.20.120 Violation—Tree removal without permit.
In addition to penalties provided in Chapter 1.20 of this Code, any person who removes or causes to be removed any protected tree which is also a public tree in violation of this chapter shall be required to comply with Section 18.18.070(D). (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1302 § 1, 2002: Ord. 1252 § 2 (part), 1998. Formerly 12.20.130)
12.20.130 Liability limitations.
Nothing contained in this chapter shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep landscaping upon such private property, or under his control, or upon public right-of-way in front of or contiguous to such private property, in a safe condition. (Ord. 1439 § 4 (Exh. C (part)), 2011: Ord. 1252 § 2 (part), 1998. Formerly 12.20.140)