Chapter 11
STREET TREES
Sections:
7-11.02 Authority of the Director of Public Works.
7-11.03 Violation to plant or trim street trees without permit.
7-11.05 Abatement of public nuisances.
7-11.06 Charges against property owners or other persons pursuant to this chapter.
7-11.08 Appeals to the Council.
7-11.01 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) “Person” shall mean any person, firm, partnership, association, corporation, company, or organization of any kind.
(b) “Street” shall mean and include all land lying between the boundaries of property abutting on all public streets, boulevards, alleys, and walks.
(c) “Street tree” shall mean a tree on a City street.
(d) “Approved street tree” shall mean a tree planted on a street and designated in the current approved street tree list adopted by resolution of the Council. The approved street tree list shall be on file in the office of the Planning Department and Public Works Department for public information.
(e) “Unapproved street tree” shall mean any tree planted or growing on a street which tree is not on the approved street tree list or trees which are:
(1) Planted in an improper place;
(2) Hopelessly infested with disease or insects; or
(3) Hazardous to public health or safety.
(§ 2, Ord. 555-82, eff. July 8, 1982)
7-11.02 Authority of the Director of Public Works.
The Director of Public Works shall have jurisdiction and supervision of all trees planted or growing on streets in the City.
(§ 2, Ord. 555-82, eff. July 8, 1982)
7-11.03 Violation to plant or trim street trees without permit.
(a) Planting. It shall be unlawful for any person to plant or set out any street tree on a street without first filing an application and procuring a permit from the Director of Public Works.
(1) The application required by this subsection shall state the number of trees to be planted or set out, the location, grade, and variety of each tree, the method of planting, and such other information as the Director of Public Works may require.
(2) The Director of Public Works shall issue the permit when he finds that the proposed planting conforms as to species, location, and method of planting established by public improvement standards.
(b) Trimming and removal. It shall be unlawful for any person to trim or remove any street tree, whether approved or unapproved, without first filing an application and procuring a permit from the Director of Public Works.
(1) The application required by this subsection shall state the number of trees to be trimmed or removed, the location thereof, and such other information as the Director of Public Works may require.
(2) The Director of Public Works shall issue the permit when he finds that the removal or trimming is necessary and that the proposed method is satisfactory.
(c) City or contract work. The planting, removal, trimming, spraying, and preserving of all street trees may be done by City forces under the supervision of the Director of Public Works or by contract with other persons or firms.
(§ 2, Ord. 555-82 C-M, eff. July 8, 1982)
7-11.04 Public nuisances.
The following are declared to be public nuisances:
(a) Any tree or shrub on a street or on any private property immediately adjacent to any street which tree or shrub is impairing or otherwise interfering with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, or other public improvements;
(b) Within the twenty-five (25') foot triangle of private property at the intersection on any streets improved for vehicular traffic, any tree limb, shrub, or plant reaching a height more than twenty-four (24") inches above the curb grade adjacent thereto, except tree trunks having no limb lower than eight (8') feet above curb grade;
(c) Vines or climbing plants growing into or over any street tree or any public hydrant, pole, electrolier, or sidewalk;
(d) The existence of any tree which is hopelessly infested or infected with objectionable insects, scales, fungus, or growth injurious to plant material; and
(e) The existence of any branch or foliage which interferes with the visibility on, or free use of, or access to any portion of any street improved for vehicular or pedestrian travel.
(§ 2, Ord. 555-82 C-M, eff. July 8, 1982)
7-11.05 Abatement of public nuisances.
When any public nuisance as defined in this chapter exists, the Director of Public Works shall serve the owner or person involved with a notice personally, describing the condition, stating the work necessary to remove the condition, and the time within which such work shall be completed. Such time shall not be less than ten (10) days nor more than ninety (90) days after the date of the service of the notice. The notice shall also include a provision that if, at the end of the time so specified therein, the work of removal has not been performed, the work shall be performed by City forces or by other under the supervision of the Director of Public Works, and the cost thereof shall constitute a charge against the real property of the person subject to the notice and shall be collected in accordance with the provisions of this chapter for liens and their enforcement.
(§ 2, Ord. 555-82 C-M, eff. July 8, 1982)
7-11.06 Charges against property owners or other persons pursuant to this chapter.
The cost of the abatement of any public nuisance sought to be charged against the owner of the adjacent private property in accordance with the terms of this chapter may be assessed by the Council against the parcel of private property owned by such person on the following basis:
(a) A notice of the proposed assessment of charges against such person for failure to comply with the order shall be served personally upon the owner stating:
(1) The date of the order affecting such person and requiring compliance with the terms of this chapter;
(2) Notice of the failure of the owner to complete the work, as specified by the order, within the time therein specified;
(3) The dates of the performance of the work, as specified by the order, by the City or such persons or contractors as it may retain to undertake the work;
(4) The charge incurred by the City for performance in accordance with the order; and
(5) The date and place of hearing of the report of the Director of Public Works before the Council requesting a resolution of the Council authorizing the City Clerk to prepare, execute, and file a lien against the real property owned by such person in the office of the County Recorder.
(b) On the date and hour specified in the notice, the Council shall review the report of the Director of Public Works and authorize the preparation, execution, and filing of a notice of lien, as provided in this chapter, for all or such portion of the charges reported by the Director of Public Works for compliance with the order.
(c) The notice of lien shall be filed in the office of the County Recorder and shall be in the form of a certificate substantially in the following form:
Notice of Lien
Pursuant to authority of Chapter 11 of Title 7 of the Watsonville Municipal Code, and as duly authorized by the City Council of the City of Watsonville on the ________ day of ________ , 19________ , by Resolution No. ________ (C-M), the City of Watsonville does hereby claim a lien upon the property hereinafter described for the charges duly assessed by the Council of the City of Watsonville as the cost incurred by the City of Watsonville for ________ pursuant to order of the Director of Public Works of the City of Watsonville dated ________ ________ , the same has not been paid, nor any part thereof, and the same shall be a lien upon the real property until the sum, with interest at the rate of 7% per annum, from the day of ________ , 19________, (insert date of confirmation of assessment by City Council) has been paid in full and discharged of record.
The real property hereinbefore mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Watsonville, County of Santa Cruz, State of California, and more particularly described as follows: (legal description of the property, either by metes and bounds or by subdivision number. Assessor’s parcel number cannot be used for this type of lien).
(§ 2, Ord. 555-82 C-M, eff. July 8, 1982)
7-11.07 Stay of proceedings.
Compliance with any order of the Director of Public Works shall be stayed pending a hearing and ruling on any appeal filed pursuant to this chapter.
(§ 2, Ord. 555-82 C-M, eff. July 8, 1982)
7-11.08 Appeals to the Council.
All orders of any officer given pursuant to this chapter shall be subject to appeal to the Council pursuant to Chapter 4 of Title 1 of this Code.
(§ 2, Ord. 555-82 C-M, eff. July 8, 1982)