Chapter 12.08
TREES
Sections:
Article 1. Planting Regulations
12.08.020 Planting in control areas.
12.08.030 Planting in public areas.
Article 2. Dangerous Trees
12.08.060 Trees as a nuisance.
12.08.080 Determination of cost and liability for nuisance abatement.
Article 3. Trees Required on Lots
Article 1. Planting Regulations
12.08.010 Applications.
All applications to plant, move, remove or replace a tree in the control area shall be referred to the tree commission for prior approval. Authority shall be given to the property owner by the city manager, pursuant to the action taken by the tree commission.
A. Applications shall state the number and kind of trees proposed to be moved, removed or replaced, and such other information as the city manager shall find reasonably necessary to a fair determination of whether or not authority should be issued under this article.
B. The city manager may require the planting of a new tree as a condition for granting authority to remove a tree. (Ord. 83-03 § 1: Prior code § 10-2.501)
12.08.020 Planting in control areas.
A. Without first obtaining authority to do so from the city manager, no person, other than the department of public works, shall plant any tree in a public place or a control area.
B. No tree shall be planted within five feet of any public sanitary or storm sewer or within ten (10) feet of any fire hydrant. (Ord. 83-03 § 2: Prior code § 10-2.502)
12.08.030 Planting in public areas.
The city manager shall obtain prior approval from the tree commission for planting or removal of trees and shrubs in public places within the city. (Ord. 83-03 § 3: prior code 10-2.503)
12.08.040 Enforcement.
The city manager shall enforce this article. (Ord. 83-03 § 4: prior code § 10-2.504)
Article 2. Dangerous Trees
12.08.050 Removal of trees.
A. The superintendent of public works or duly authorized representative, upon approval of the tree commission first had and obtained, may cause to be trimmed, pruned, or removed, any trees in any public place or in the control area.
B. Any owner of private property at his or her sole cost shall remove all dead, injured, or insecurely rooted trees, or diseased portions thereof, which constitute a hazard to trees or plants in public places, and shall trim or remove any tree which overhangs a street or public place, which is reasonably likely to fall onto a street or public place, which may cause a hazard to a public place, or interferes with proper lighting of public streets or places by street lights, or which is an obstruction to vision of sidewalks, street signs, traffic signs or signals, streets or street intersections. (Prior code § 5-1.301)
12.08.060 Trees as a nuisance.
A. Any tree described in Section 12.08.050 or in this section, is declared to be a public nuisance.
B. Any tree, or part thereof, on private property which is in such condition as to be an immediate hazard to any public street, sidewalk, or sewer, or the users of any public street, sidewalk or right-of-way, is declared to be a public nuisance.
C. If a public nuisance exists, the city may forthwith remove or trim the tree, or take such other action to alleviate the hazard and may enter upon private property to do so. Such action by the city is an abatement of a nuisance.
D. No provision of this article shall impose any liability upon the city, its officers, or employees, nor relieve the property owner or occupant of private property from any duty to keep any tree upon his or her property, or under his or her control, in such condition as to prevent it from constituting a public nuisance, nor relieve the property owner from any duty to use care in the selection of tree upon private property. (Prior code § 5-1.302)
12.08.070 Notice to owner.
A. Except in cases posing an immediate hazard to the public, whenever the superintendent of public works shall find it necessary to order trimming, preservation or removal of trees on private property as authorized by this article, he or she shall serve written notice on the property owner to correct the condition.
B. The notice required by subsection A shall set forth a time limit on compliance, dependent upon the hazard and danger created by the violation. (Prior code § 5-1.303)
12.08.080 Determination of cost and liability for nuisance abatement.
The cost of abatement of a nuisance under this article by the city shall be paid by the property owner, and shall be determined and assessed as follows:
A. The tree commission shall hold a public hearing commencing within forty-five (45) days of the abatement at which time the superintendent shall present proof of the facts justifying his or her action, including the giving of notice, if required, and proof of the actual cost to the city of the abatement. If labor by city employees or use of city equipment is involved, the ordinary administrative and supervisory cost of providing such labor or equipment shall be included, as well as the direct cost. The owner may present any proof tending to show that the cost ought not to be paid by him or her or ought to be paid in an amount less than that asserted by the superintendent. The owner may appear personally, or may present a written statement.
B. Notice of hearing shall be mailed at least ten (10) days before the hearing by certified mail to the owner of the land as shown on the last equalized city assessment roll, or to any public agency other than the city which is the owner of the land. If the notice is returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten (10) days from the date of such return, and notice shall be posted on the property at least ten (10) days prior to the date of the hearing.
C. The decision shall be rendered within thirty (30) days of the commencement of the hearing. The decision of the tree commission need not be in the form of a formal written order, but the secretary of the tree commission shall record the decision, which shall include a finding of whether the action taken by the superintendent was an abatement of a nuisance within the meaning of this article, and if so, the cost thereof.
D. Within five days after the tree commission’s decision, the secretary of the commission shall mail written notice of the decision to the owner in the manner provided for mailing notice of the hearing. The action of the tree commission shall be confirmed, amended or rejected at the next regular meeting of the city council. (Prior code § 5-1.034)
12.08.090 Lien.
If the costs charged in the order are not paid within thirty (30) days after the mailing of notice of the tree commission’s decision, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and notice of the amount of the assessment shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.
This remedy shall be in addition to any other remedy available to the city. (Prior code § 5-1.305)
Article 3. Trees Required on Lots
12.08.100 Tree requirement.
A. Before any street improvements in any new subdivision in the city are accepted by the city, the applicant for a building permit shall pay to the city the total costs of all trees and the planting thereof. Any person building on a vacant lot in the developed area shall be required to pay the city the total costs of all trees and the planting thereof.
B. One acceptable tree shall be required per lot, to be paid for at the time the building permit is issued, except that, on corner lots, one tree shall be planted on each street side of the corner.
C. Such costs shall be set at twenty-five dollars ($25.00) per tree. (Prior code § 8-2.201)
12.08.110 Responsibility.
The city shall plant the trees. Watering and care of the trees shall thereafter be the responsibility of the owners of the property. Maintenance of any tree within the control area shall be at the expense of the owner of the property. (Prior code § 8-2.202)