Chapter 3.30
TREES
Sections:
3.30.030 Delegation of authority.
3.30.040 Tree planting and care standards.
3.30.050 Prohibition against harming public trees.
3.30.060 Adjacent owner responsibility.
3.30.070 Certain trees declared a nuisance.
3.30.080 Violations and penalty.
3.30.010 Purpose.
To enhance the quality of life and the present and future health, safety, and welfare of all citizens, to enhance property values, and to ensure proper planting and care of trees on public property, the city council herein delegates the authority and responsibility for managing public trees, establishes practices governing the planting and care of trees on public property, and makes provision for the emergency removal of trees on private property under certain conditions. [Ord. 438, 2021.]
3.30.020 Definitions.
As used in this chapter, the following words and phrases shall have the meanings indicated:
“Damage” means any injury to or destruction of a tree, including but not limited to: uprooting; severance of all or part of the root system or main trunk; storage of material on or compaction of surrounding soil; a substantial change in the natural grade above a root system or around a trunk; surrounding the tree with impervious paving materials; or any trauma caused by accident or collision.
“Nuisance” means any tree, or limb thereof, that has an infectious disease or insect; is dead or dying; obstructs the view of traffic signs or the free passage of pedestrians or vehicles; or threatens public health and safety.
“Parkway” means the area along a public street between the curb and the sidewalk; or if there is no curb or sidewalk, the unpaved portion of the area between the street right-of-way line and the paved portion of the street or alley.
“Public property” means all grounds and rights-of-way (ROWs) owned or maintained by the city.
“Public tree” means any tree or woody vegetation on city-owned or city-maintained property or rights-of-way.
“Top” or “topping” means the nonstandard practice of cutting back of limbs to stubs within a tree’s crown to such a degree as to remove the normal canopy and disfigure the tree. [Ord. 438, 2021.]
3.30.030 Delegation of authority.
(1) Delegation of Authority and Responsibility. The director of the public works department and/or his designee, hereinafter referred to as the “director,” shall have full authority and responsibility to plant, prune, maintain and remove trees and woody plants growing in or upon all municipal streets, rights-of-way, city parks, and other public property. This shall include the removal of trees that may threaten electrical, telephone, gas, or any municipal water or sewer line, or any tree that is affected by fungus, insect, or other pest disease.
(2) Interference. No person shall hinder, prevent, delay, or interfere with the director or his agents while engaged in carrying out the execution or enforcement of this chapter. [Ord. 438, 2021.]
3.30.040 Tree planting and care standards.
(1) Standards. All planting and maintenance of public trees shall conform to the American National Standards Institute (ANSI) A-300 “Standards for Tree Care Operations” and shall follow all tree care best management practices (BMPs) published by the International Society of Arboriculture.
(2) Requirements of Franchise Utility Companies. The maintenance of public trees for utility clearance shall conform to all applicable utility industry standards.
(3) Tree Species List. The director shall develop and maintain an official list of desirable tree species for planting on public property in two size classes: ornamental (20 feet or less in height at maturity) and shade (greater than 20 feet at maturity). Only trees from this approved list may be planted without written approval from the director.
(4) Planting Distances. The director shall develop and maintain an official set of spacing requirements for the planting of trees on public property. No tree may be planted within the visibility triangle of a street intersection or within 10 feet of a fire hydrant.
(5) Planting Trees Under Electric Utility Lines. Only trees listed as ornamental trees on the official city tree species list may be planted under or within 15 lateral feet of any overhead utility wire.
(6) Protection of Public Trees During Construction. Any person, firm, corporation, or city department performing construction near any public tree must employ appropriate measures to protect the tree, including, but not limited to, placing barriers around the tree to prevent damage. [Ord. 438, 2021.]
3.30.050 Prohibition against harming public trees.
(1) It shall be unlawful for any person, organization or business to damage, remove, or cause the damage or removal of a tree on public property without written permission from the director.
(2) It shall be unlawful for any person, organization, or business to attach any cable, wire or signs or any other object to any street, park, or public tree.
(3) It shall be unlawful for any person, organization, or business to “top” any public tree. Trees severely damaged by storms or other causes, where best pruning practices are impractical, may be exempted from this provision at the determination of the director. [Ord. 438, 2021.]
3.30.060 Adjacent owner responsibility.
(1) The owner of land adjacent to any city street or highway, when acting within the provisions of this chapter, may plant and maintain trees in the adjacent parkway area. Property owners are responsible for the reasonable and routine maintenance of trees and other landscaping in the adjacent parkway area.
(2) Any property owner or resident who wishes to plant a tree or make any other changes to the land inside the right-of-way must apply for a right-of-way permit prior to planting or making any changes.
(3) No property owner shall allow a tree or other plant growing on his or her property or within the adjacent parkway to obstruct or interfere with pedestrians or the view of drivers, thereby creating a hazard. If an obstruction persists, the director shall notify the property owner to prune or remove the tree or plant. If the owner fails to comply with the notice, the city may undertake the necessary work and charge the cost to the property owner.
(4) The property owner will have the option of entering a payment agreement to pay the cost over time. Unpaid balances may be forwarded to collections. [Ord. 438, 2021.]
3.30.070 Certain trees declared a nuisance.
(1) Any tree on private property determined by the director to threaten public health, safety, and welfare of surrounding properties is declared a nuisance and the city may require its treatment or removal. A tree may be a danger to other properties if it is dead or dying and close enough to a property line to fall on a neighboring structure, if it has a lethal or communicable disease or insect infestation and is close enough to a property line to infect trees on neighboring properties, if it obstructs the view of traffic signs or free passage of pedestrians or vehicles or creates similar hazards to public safety.
(2) Citations may be issued for nuisance trees under Chapter 5.05 HMC. [Ord. 438, 2021.]
3.30.080 Violations and penalty.
Any person, organization, or business violating any provision of this chapter shall, upon conviction, be subject to a fine not to exceed $500.00 for each offense. [Ord. 438, 2021.]
3.30.090 Appeals.
All appeals to a violation shall be heard by city council. [Ord. 438, 2021.]