Chapter 13.30 TREES

The city council finds that planting and preserving trees enhances the natural beauty of Santa Cruz, promotes the city’s ecological balance, and is in the public interest. The purpose of this street tree and nuisance vegetation ordinance is to provide a set of standards and regulations for the protection, maintenance, and planting of street trees and other vegetation within the city of Santa Cruz. For any street trees that are also heritage trees, the provisions of Chapter 9.56 shall be applied in addition to the provisions of this chapter.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.030 DEFINITIONS.

For the purposes of this chapter, the following words have the meaning given in this section:

(a) “Approved street tree list” means a list prepared and maintained by the parks and recreation department of the city of Santa Cruz of tree species approved for use in the city’s public right-of-way.

(b) “Clear vision area” means the twenty-five-foot triangle of property at the intersection of any streets improved for vehicular traffic as diagrammed below.

(c) “Damage” means any action undertaken which may be harmful or detrimental to the health of any tree or other vegetation regulated by this chapter. This shall include, but is not limited to, the cutting, topping, girdling, or poisoning of any street tree or vegetation, any trenching or excavating near any street tree or vegetation, or any action which may cause death, destruction or injury to any street tree or vegetation, or which places any street tree or vegetation in a hazardous condition or in an irreversible state of decline.

(d) “Director” shall mean the director of parks and recreation of the city of Santa Cruz, or his/her designee.

(e) “Discretionary review” shall mean any review by the city requiring the exercise of judgment in deciding whether to approve a permit or project.

(f) “Heritage tree” shall mean any perennial plant or grove of perennial plants growing on public or private property, having a self-supporting woody main stem or trunk usually characterized by the ability to grow to considerable height and size and the development of woody branches at some distance above the ground, and meeting criteria set forth in Section 9.56.040. “Heritage tree” shall not include trees planted for agricultural crops such as fruit or nut trees.

(g) “Median area” means a planting area lying within a traffic median or traffic island in the public right-of-way.

(h) “Nuisance vegetation” means vegetation meeting the criteria of Section 13.30.110.

(i) “Owner” or “property owner” means the owner of real property as shown on the most recent county assessor’s roll.

(j) “Parkway” means that portion of the public right-of-way between the curb and the sidewalk.

(k) “Planting strip” means that portion of the sidewalk area which is not reserved for sidewalks, either existing or proposed.

(l) “Prune” means the cutting, trimming, detaching, separating or removing of any part of a street tree or vegetation.

(m) “Public right-of-way” means the whole or any part of the width of land, a road, street, way, alley, or highway reserved for public use whether or not such entire area is actually used for road, street or highway purposes.

(n) “Roadway” means the paved, improved or proper driving portion of the street, designed or ordinarily used for vehicular travel.

(o) “Sidewalk area” means that portion of property between the street roadway or curb line and the edge of the public right-of-way, or, if no right-of-way exists, the adjacent property line as defined in Section 15.08.010. The sidewalk area includes the curb, gutter, and planting strips as specified in Section 15.20.210.

(p) “State tree care license” means either a specialty license for performing tree maintenance on trees over fifteen feet tall, or a landscape contractor’s license, both issued by the state of California.

(q) “Street” means for purposes of this chapter any street, roadway, alley, drive, or lane within the city of Santa Cruz.

(r) “Street tree” means any woody perennial in the public right-of-way capable of reaching ten feet or more in height.

(s) “Street tree planting details” means the street tree planting details developed by the city of Santa Cruz so street trees are properly planted, staked, reinforced, and irrigated. All street trees must be inspected and approved by the city’s urban forester before and after they are planted.

(t) “Traffic diverter” means any planter containing vegetation and/or street tree located adjacent to the outside curb of a street.

(u) “Tree sidewalk program policy” means the requirements developed by the city of Santa Cruz public works department intended for any property owners seeking to participate in the parks and recreation street tree sidewalk program.

(v) “Utility” means a public utility or private utility and includes any pipeline corporation, gas corporation, electrical corporation, telephone, telegraph or other communications corporation, water corporation, sewer system or heat corporation the services of which are performed for, or the commodity delivered to, the general public or any portion thereof.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.040 PARKS AND RECREATION DIRECTOR – POWERS AND DUTIES.

(a) The director of parks and recreation shall be responsible for administering and enforcing this chapter. The director of parks and recreation shall have the following powers and duties in addition to those created elsewhere in this chapter:

(1) Issue permits pursuant to Section 13.30.100;

(2) Maintain the city’s approved street tree list;

(3) Abate public nuisances as hereinafter provided, and in an emergency situation to protect public health, safety, and welfare;

(4) Order removal of dead or diseased trees on private property or within the public right-of-way when found to pose a threat to public safety, property or other trees in the vicinity.

(b) The director shall have the power to perform the following services to aid landowners with compliance of any maintenance obligations as required by this chapter and, in his or her discretion, take any measures necessary to prevent or eliminate hazards when said maintenance has not been performed:

(1) Provide technical assistance and information to assist landowners in maintaining street trees;

(2) Inspect and maintain street trees and make recommendations regarding street trees to city staff and the public;

(3) Assist in the maintenance, removal and replacement of street trees in the public right-of-way;

(4) Prune street tree limbs or roots causing or threatening to cause a hazard to public safety or property or damage to street improvements, sidewalks, curbs, gutters, sewers or other public improvements, or interfering with their use;

(5) Require street tree planting and replacement, inspection, pruning, root pruning, spraying, or other maintenance of any street tree planted pursuant to the requirements of this chapter.

(6) No maintenance service shall be provided by the city to any tree standing on private property beyond the parkway or public right-of-way.

(c) Any action taken by the director pursuant to this section or any other section of this code to maintain the parkways and the public right-of-way, or any street trees or vegetation thereon is discretionary. Neither this section nor any other section of this code shall be construed as creating a duty or obligation on behalf of the city to maintain parkways, street trees, and/or vegetation in the public right-of-way, or relieve the property owner of the duty to maintain as required in the city’s municipal code. The city shall not incur any liability, either to the adjacent landowner or to the public, arising out of its alleged failure to maintain, or failure to properly maintain, parkways, street trees and/or vegetation in the public right-of-way. The city reserves its legal remedies including the right to recover legal fees and costs associated with the city administering and enforcing this chapter, and as set forth in Title 4.

(Ord. 2022-18 § 5, 2022; Ord. 94-61 § 1, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.050 PARKS AND RECREATION COMMISSION – POWERS AND DUTIES.

The parks and recreation commission shall have the following powers and duties:

(a) Hear appeals pursuant to Sections 13.30.170 and 13.30.180, from persons aggrieved by any decision of the director of parks and recreation taken under the provisions of this chapter.

(b) Make recommendations to the city council concerning policies, programs and decisions relating to street trees.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.060 PROPERTY OWNER MAINTENANCE RESPONSIBILITIES – DUTIES AND LIABILITIES.

(a) A property owner shall be responsible for the maintenance (as further described in subsection (b)) of all street trees and other vegetation located on adjacent parkways and in adjacent sidewalk areas per Section 15.20.210 (including but not limited to street trees or other vegetation contained in planters located on adjacent parkways and in traffic diverters adjacent to parkways). The property owner shall also be responsible for the maintenance of all trees and other vegetation on their property causing or threatening damage to or obstructing adjacent sidewalk areas as specified by Sections 15.20.210 and 15.20.220.

(b) Maintenance required under this section shall include, but not be limited to, the following acts:

(1) Watering as necessary;

(2) Removing any material which would be harmful to street trees, such as wire, rope, and signs;

(3) Notifying the director of any diseased street tree or hazard posed to street trees or vegetation;

(4) Maintaining trees or vegetation so that there is adequate vertical pedestrian clearance from the top of the sidewalk and adequate vertical vehicular clearance from the top of the curb, to any part of a street tree;

(5) Pest control and fertilizing, as needed;

(6) Pruning trees, shrubs and other vegetation to allow for adequate visibility of and clearance of street signs, traffic-control devices, utility lines and other stationary equipment;

(7) Pruning any trees, shrubs, hedges, ground cover, vegetation, or any of their respective roots, causing or threatening to cause damage to street improvements, sidewalks, sidewalk areas, curbs, gutters, sewers or other public improvements, or any part of the public right-of-way;

(8) Pruning any street trees, shrubs, tree roots, hedges, ground cover, and vegetation, as well as weeding, clearing and otherwise maintaining the parkway as needed or as requested by the director so as to avoid any damage to public health, safety and welfare, to standards set by the city;

(c) Before any street tree is planted, pruned, root pruned, or removed under this section, all permits required by Section 13.30.100 must first be obtained. All permits shall be displayed at the worksite.

(d) All maintenance activities on street trees contemplated by this section shall be performed in conformity with:

(1) The most recent American National Standards Institute (ANSI) A300 standards and International Society of Arboriculture Best Management Practices, as may be updated, amended, or superseded; and

(2) All city of Santa Cruz policies, standards, and regulations including but not limited to the street tree planting details and the tree sidewalk program policy.

(e) The adjacent property owner shall bear all costs of planting, or any other maintenance responsibilities or requirements provided in this section, and shall restore the public right-of-way and any improvements therein if either are disturbed in the course of such planting, or other maintenance.

(Ord. 2022-18 § 5, 2022; Ord. 94-61 § 2, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.063 REPLACEMENT OF STREET TREES.

(a) A property owner who removes a street tree located in the public right-of-way adjacent to the property owner’s property consistent with this chapter or for which the property owner is responsible for maintaining under Section 15.20.210, shall be responsible for the replacement of said tree pursuant to the street tree master plan and approved street tree list as provided in Section 13.30.090. The replacement tree may be planted in the same location of the removed tree or as otherwise approved by the director in the interest of public health, safety, and welfare.

(1) In circumstances where replacement of the removed street tree is not feasible due to conflicts with planned or existing public infrastructure, including other street trees, or existing private infrastructure, the director may, in his or her sole discretion, authorize the payment of an in lieu fee as set by city council resolution, or waive the replacement requirement under this section.

(2) If the property owner meets the criteria described in Government Code Section 68632(a) or (b) and has complied with the permit requirements of Section 13.30.100, the city shall waive the in-lieu fee.

(b) Any replacement of street trees contemplated by this section shall be performed in conformity with Sections 13.30.060(c), (d) and (e).

(d) For any replacement of street trees that falls under the purview of the city of Santa Cruz’s local coastal program (“LCP”), property owners shall be subject to any requirements under the LCP, including, but not limited to, a two-for-one planting and maintenance program when tree removal is necessary for new development.

(Ord. 2022-18 § 5, 2022).

13.30.065 DAMAGING STREET TREES FORBIDDEN.

No person shall damage, or allow to exist any condition, which may damage, any street tree, including but not limited to the following:

(a) Pruning a street tree to expose business signs or buildings or for any other purpose except as otherwise permitted herein;

(b) Exposing the street tree to deleterious materials and substances;

(c) Allowing fire to burn so near a street tree as to cause damage to a street tree or that may be detrimental to the health of the street tree;

(d) Allowing wires to constrict any part of a street tree;

(e) Constructing, altering, or repairing a sidewalk or other improvement in a manner which may be detrimental to the health of a street tree;

(f) Disfiguring a street tree by any means of physical injury or graffiti;

(g) Nailing or tacking a sign, poster, or similar device into a street tree;

(h) Driving stakes into the street tree for any purpose other than supporting the street tree.

(Ord. 2022-18 § 5, 2022; Ord. 94-61 § 3, 1995).

13.30.067 HOUSE MOVING.

Where a structure is to be moved over a route which may entail damage to street trees, the city may require the person moving the structure to post a bond or other security to cover the cost of anticipated damage to street trees.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985. Formerly 13.30.220).

13.30.070 DUTIES OF PUBLIC UTILITIES.

It shall be the duty and responsibility of any public utility installing or maintaining any overhead wire or underground pipes or conduit in the vicinity of a parkway strip, to obtain permission from the director before performing any maintenance on said wires, pipes or conduits, which would cause injury to street trees. Such public utilities shall in no way injure, cut roots, deface, prune, or scar any street tree until their plans and procedures have been approved by the director.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.080 APPROVED STREET TREE LIST.

(a) The director of parks and recreation shall prepare and maintain the approved street tree list enumerating the species of shade and ornamental trees permitted to be planted in the public right-of-way. Any amendments to the approved street tree list shall be presented to the parks and recreation commission for discussion, with a final recommendation to the director of parks and recreation. The approved street tree list shall be made available to the public through the department of parks and recreation.

(b) Newly planted street trees must comply with the approved street tree list or applicable area plan unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the approved street tree list, or to plant a tree in a location that is contrary to the list.

(c) All street trees shall conform with any applicable city policies including but not limited to the street tree planting details and the tree sidewalk program policy.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.090 PLANTING STREET TREES.

(a) The director shall prepare a street tree master plan for the city, which shall include, but not be limited to, an inventory of street trees in the public right-of-way, as well as any city goals for managing existing street trees and planting future street trees. The plan shall be submitted to the parks and recreation commission for recommendation to the city council. When approved by the city council, the plan shall be made available to the public through the parks and recreation department and the department of planning and community development.

(b) Objective Standards for Planting Street Trees. The following objective standards shall apply to the planting of any street trees:

(1) Any street trees installed shall be a minimum container size No. 15 and of adequate quality as specified in the current edition of American National Standards Institute Z60 Nursery Stock.

(2) Tree species shall be selected from the approved street tree list, unless a permit is obtained from the director of parks and recreation to plant a tree that does not appear on the list, or to plant a tree in a location that is contrary to the list.

(3) The street trees shall conform to all city of Santa Cruz policies including but not limited to the street tree planting details and the tree sidewalk program policy.

(4) The property owner shall check for the presence of utilities in the area of a proposed planting and shall be solely responsible in avoiding interference with or damage to public or private infrastructure.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.100 PERMITS REQUIRED.

(a) Permit for Planting Street Trees. A tree permit shall be obtained from the director by any person proposing to plant or set out any street tree.

(1) The application required in this subsection (a) shall state the number of trees to be planted or set out the location, size, and variety of each tree, the method of planting, and such other information as the director may require.

(2) The director may issue the permit upon finding that the proposed species, location, and method of planting are consistent with the requirements of this chapter and will not be injurious to the curbs, gutters and sidewalks, or to the surrounding neighborhood.

(b) Permit for Pruning and Removal. A tree permit shall be obtained from the director by any person proposing to transplant or remove any tree within the public right-of-way. A permit shall also be obtained from the director by any person proposing to prune or trim, cut off, or perform any work on a single occasion or cumulatively over a three-year period, affecting twenty-five percent or more of the crown of any tree within the public right-of-way.

(1) The application required in this subsection (b) shall state the number of trees affected, the location, size and variety of each tree, the work proposed, and such further information as the director may require.

(2) The director may issue the permit upon finding that the proposed action is necessary to protect the curb, gutter, sidewalk or any other part of the public right-of-way, or to protect the public health and safety, and that the proposed method is satisfactory. The director may issue the permit if the proposed removal or pruning is found to be consistent with the purposes of this chapter. The director may condition any permit for removal of a street tree, granted pursuant to this section, so as to require the permittee to replace the street tree.

(3) Any person proposing to prune, relocate, or remove any heritage street tree shall be exempted from the permit requirements of this subsection (b) and shall be required to obtain a permit pursuant to Section 9.56.060.

(4) Any person proposing to root prune a street tree shall be exempted from the permit requirements of this subsection (b) and shall be required to obtain a permit pursuant to Section 15.20.210.

(c) All persons requesting a permit pursuant to subsection (a) or (b) shall submit a permit application, together with the appropriate fee as set forth by city council resolution, to the parks and recreation department prior to performing any work requiring a permit as set forth in this section.

(d) Time of Performance. All work performed on street trees pursuant to a permit issued by the director under this section shall be done within thirty days from the issuance of said permit, or within such longer period as the director shall specify.

(e) The permit requirement proposed by this section may not apply to street tree planting or removal associated with development projects that are reviewed by another city of Santa Cruz advisory body or city department under Title 24 or pursuant to applicable state or federal law, that include a discretionary review process, and to which the relevant advisory body or city department has applied the standards of this chapter in consultation with the city’s urban forester.

(f) The director may invalidate any permit issued under this section at any time upon finding that the terms and conditions of such permit have been violated.

(g) The director may issue permits to public utilities not to exceed one year for work undertaken by the utility pursuant to a comprehensive program of related activities approved by the director.

(Ord. 2022-18 § 5, 2022; Ord. 2013-19 § 1, 2013; Ord. 94-61 § 4, 1995: Ord. 85-29 § 2 (part), 1985).

13.30.105 STATE TREE CARE LICENSE REQUIRED.

(a) Except as set forth in subsection (b), and in addition to any permit required pursuant to Section 13.30.100, a valid state tree care license issued by the state of California shall be obtained by any person proposing to perform any pruning, maintenance, care or removal of any street tree for hire within the city limits of the city of Santa Cruz.

(b) Any person who is the property owner adjacent to the street tree needing pruning, maintenance, care, or removal shall be exempted from the requirements of this section requiring a state tree care license if said property owner intends to personally perform, and subsequently does personally perform, himself or herself said needed pruning, maintenance, care or removal of said street tree. Said owner shall comply with all other provisions of this chapter.

(Ord. 2022-18 § 5, 2022).

13.30.110 PROHIBITED VEGETATION – NUISANCE.

No person shall allow to exist, on property either owned by that person or property for which the person is responsible, as specified by this chapter and Chapter 15.20, any nuisance vegetation or nuisance condition, including but not limited to the following:

(a) Any tree, shrub, or other vegetation on a sidewalk area, street, planting strip, as defined in Chapter 15.08, or parkway as defined herein, or on any private property immediately adjacent to any street, which is impairing or otherwise interfering with any street improvements, sidewalk areas, curbs, approved street trees, gutters, sewers, or other public improvement;

(b) Within a clear vision area, any tree limb, shrub, or plant reaching a height more than thirty inches above the curb grade adjacent thereto, except tree trunks having no limbs lower than eight feet above curb grade;

(c) Vines or climbing vegetation growing into or over any street trees, or any public hydrant, pole, electrolier or sidewalk area;

(d) Existence of any tree within the city limits that is irretrievably damaged, declining, infested, or infected with disease, pests, fungus or growth injurious to plant material, or dead;

(e) The existence of any branches or foliage which interfere with visibility on, or use of, or access to, any portion of any street improved for vehicular or pedestrian travel;

(f) Hedges, trees, shrubs, vegetation, and plants interfering with any street improvements or sidewalk areas within the public right-of-way.

(g) Any condition of a tree, shrub, or other vegetation that poses or constitutes a threat or hazard to public health, safety, or welfare as determined by the director.

(Ord. 2022-18 § 5, 2022; Ord. 2007-01 § 1, 2007: Ord. 85-29 § 2 (part), 1985).

13.30.120 ABATEMENT OF PUBLIC NUISANCES.

(a) When any public nuisance as defined herein exists, the owner or occupant shall be served with an abatement notice in accordance with Title 4 and Section 4.03.010, describing the condition, stating the work necessary to correct the condition, and the time within which such work must be completed. The notice shall also state that the required work will be performed by the city or by others under the city’s supervision if it has not been performed within the period stated in the notice. The notice shall state further that any cost incurred by the city will be billed to the person subject to the notice and payable to the city.

(b) A public nuisance may be abated by the city without prior notice to the property owner in an emergency situation, where there is a threat of personal injury or property damage due to the hazardous or dangerous condition of a tree, shrub, or vegetation located in the public right-of-way. Notice to the property owner or occupant shall be served within a reasonable time from the emergency situation, with a description of the work performed by the city, and including any cost incurred by the city to be payable to the city.

(c) Any failure to pay the city for the costs and fees incurred by the city may constitute a charge against the real property of the person subject to the notice to be collected in accordance with the provisions for liens and special assessments on real property in Chapter 4.24.

(Ord. 2022-18 § 5, 2022; Ord. 2007-01 § 2, 2007: Ord. 85-29 § 2 (part), 1985).

13.30.130 RECOVERY OF DAMAGES FOR LOSS OF STREET TREES.

Any person who damages or destroys a street tree is liable to the city for any costs related to the repair or replacement of such street tree.

(a) The director shall determine if and when replacement of a street tree is warranted and specify the replacement size and species, which shall be chosen from the approved street tree list.

(b) For heritage trees, monetary damages and mitigation requirements may be assessed as specified in Chapter 9.56.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985. Formerly 13.30.140).

13.30.140 INFRACTION.

Any person who violates the provisions of Section 13.30.100 shall be guilty of an infraction and punishable by a fine of the maximum amount permitted by law. Each such person is guilty of a separate offense for each and every day during any portion of which any such violation is committed, continued or permitted by such person and shall be punished accordingly.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985. Formerly 13.30.150).

13.30.150 LEGAL REMEDIES/PENALTIES AND FINES.

(a) Remedies. The city may enforce the provisions of this chapter through all available administrative remedies, including as set forth in Title 4, and as otherwise expressly stated in this chapter.

(b) Civil Penalties and Fines. Any violation of this chapter may also be subject to administrative civil penalties and fines in accordance with a fee schedule adopted by the city council, a decision of an enforcement official or administrative hearing officer, or by a state statute.

(c) Recovery of Costs. The city may seek recovery from the property owner of all costs of enforcing this chapter, including but not limited to monitoring, inspection, emergency response, correction, repair, hearing and appeal fees, legal fees and costs.

(d) Continuing Violations. Each day on which a violation occurs or continues to occur shall be a separate and distinct offense.

(e) Remedies Cumulative. The remedies provided herein shall be cumulative and not exclusive. Nothing set forth in this chapter shall be construed as prohibiting the city from seeking civil or criminal judicial relief in connection with the administrative enforcement of this chapter pursuant to Title 4 or pursuant to any other statutory or common law right to such relief.

(Ord. 2022-18 § 5, 2022).

13.30.160 RIGHT OF APPEAL.

Any person who considers an action taken under the provision of this chapter by any official or advisory body to have been improper may appeal such action or decision.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.170 WHERE TO FILE APPEAL.

(a) Appeals from the decision of the director, or any other administrative office in taking any actions authorized by this chapter shall be made to the city parks and recreation commission pursuant to the procedures provided in Section 13.30.180.

(b) Appeals from the decision of the parks and recreation commission in taking any actions authorized by this chapter shall be made to the city council. All such appeals shall be made pursuant to Chapter 1.16. The city council’s decision shall be final.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.180 PROCEDURE FOR APPEALS TO PARKS AND RECREATION COMMISSION.

(a) All appeals, together with the appropriate appeal fee as set by city council resolution, shall be made in writing to the parks and recreation commission. The appellant shall state the basis for the appeal and shall specifically cite the provision of this chapter which is relied upon to appeal the action or decision.

(b) Such appeals, to be effective, must be received by the secretary to the parks and recreation commission not less than ten calendar days following the date of the decision or action from which such appeal is being taken. If the final day for filing an appeal occurs on a weekend day or holiday, the final filing date shall be extended to the next following business day.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.190 STAY, PENDING APPEAL.

The receipt of a written appeal shall stay all actions, or put in abeyance all approvals or permits which may have been granted, pending the decision of the parks and recreation commission or of the city council on such appeal.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.200 HEARING ON APPEAL.

(a) Appeals for consideration by the parks and recreation commission shall be scheduled at the earliest next regular meeting, consistent with agenda preparation procedures and schedules for parks and recreation commission meetings. Appeals for consideration by the city council shall be scheduled pursuant to Chapter 1.16.

(b) The parks and recreation commission shall consider the appeal de novo. The appellant shall bear the burden of proof to establish the basis for seeking a reversal of the action or decision.

(c) The parks and recreation commission shall make findings of fact on which it bases its action. The commission may grant the appeal, including requiring conditions, mitigations, or modifications to a permit, or deny the appeal; or issue other appropriate decision or relief.

(d) The decision of the parks and recreation commission shall be final unless appealed to the city council by the appellant under Chapter 1.16.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.210 LIABILITY.

Nothing in this chapter shall be deemed to impose any liability upon the city of Santa Cruz, or any of its officers, agents, or employees, nor to relieve the property owner or occupant of any private property from the duty to keep their private property, sidewalks, and parkway strip on such private property in a safe condition so as not to be hazardous to public use.

(Ord. 2022-18 § 5, 2022; Ord. 85-29 § 2 (part), 1985).

13.30.220 SEVERABILITY.

Should any section, subpart, clause, provision or any part of this chapter be declared by a court of competent jurisdiction to be unconstitutional, beyond the authority of the city or otherwise invalid, such decision shall not affect the validity of the remaining portion or portions of this chapter.

(Ord. 2022-18 § 5, 2022).