Chapter 8.25
CITY TREES
Sections:
8.25.030 Creation of a city street tree board.
8.25.040 Duties and responsibilities of the street tree board.
8.25.050 Tree planting – Street tree species to be planted.
8.25.060 Tree planting – Spacing of planting.
8.25.070 Tree planting – Planting distance from curb or sidewalk.
8.25.080 Tree planting – Planting distance from street corners, fireplugs and street lights.
8.25.090 Tree planting – Planting distance from utilities.
8.25.100 Tree planting – Planting distance from property line.
8.25.140 Dead, dangerous or diseased tree removal.
8.25.160 Abuse or mutilation of trees.
8.25.190 Arborculturist permit and insurance bond.
8.25.010 Purpose.
It is the purpose of this chapter to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other woody plants in the city of Hubbard. (Ord. 218-98 § 1.1, 1998)
8.25.020 Definitions.
As used in this chapter, the following words mean:
“Street tree” means a tree, shrub, bush or other woody vegetation on land lying within a dedicated right-of-way along either side of a street, avenue or other way within a dedicated utility easement of the city.
“Park tree” means a tree, shrub, bush or other woody vegetation located in a public park or other area owned by the city, or to which the public has free access as a park.
“Private tree” means a tree, shrub, bush or other woody vegetation located on private property other than a dedicated right-of-way or city utility easement or public parks and grounds. (Ord. 218-98 § 1.2, 1998)
8.25.030 Creation of a city street tree board.
There is hereby created a city tree board for the city of Hubbard which shall consist of the public works staff and one member of the Hubbard planning commission. (Ord. 218-98 § 2, 1998)
8.25.040 Duties and responsibilities of the street tree board.
The board shall study, investigate, and develop, and/or update annually, and administer a written plan for the care, preservation, pruning, replanting, removal or disposition of trees and shrubs along streets, in parks and other public areas. The plan shall be presented when required to the city council, and upon their acceptance and approval, shall constitute the official comprehensive city tree plan for the city of Hubbard. The board when requested by the city council shall consider, investigate, make findings, report and recommend upon any special matter or questions coming within the scope of work. (Ord. 218-98 § 3, 1998)
8.25.050 Tree planting – Street tree species to be planted.
The city tree board will develop and maintain a list of desirable species of trees, shrubs, bushes and other woody plant material for planting along streets in three size classes based on mature height: small (under 30 feet), medium (30 to 50 feet) and large (over 50 feet). A list of trees not suitable for planting will also be created by the tree board. No person, without written permission of the city, shall plant a street tree of a species other than those included in Section 2.207.7 of the development code. (Ord. 218-98 § 4.1, 1998)
8.25.060 Tree planting – Spacing of planting.
The spacing of street trees shall be in accordance with the species, size, classes listed in the official Hubbard tree list of this chapter, and no trees shall be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; measured trunk to trunk except in special plantings approved or designed by the city. (Ord. 218-98 § 4.2, 1998)
8.25.070 Tree planting – Planting distance from curb or sidewalk.
The distance trees may be planted from curbs or sidewalks shall be in accordance with the official Hubbard street tree list. No trees shall be planted in any parkway strip less than four feet in dimension between the curb or curbline and the sidewalk. No trees shall be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet. (Ord. 218-98 § 4.3, 1998)
8.25.080 Tree planting – Planting distance from street corners, fireplugs and street lights.
No street trees shall be planted closer than 30 feet from any street corner, measured from the point to the nearest intersecting curbs or curblines. No street trees shall be planted closer than 10 feet to any fire plug or 30 feet to any street light measured from the base of the street light. Vision clearance shall be provided as described in Section 2.203.07 of the development code. (Ord. 218-98 § 4.4, 1998)
8.25.090 Tree planting – Planting distance from utilities.
No street trees other than those species listed as small trees in the list of acceptable species may be planted under or within 10 lateral feet of any overhead utility wire, and no street tree may be planted over or within five lateral feet of any underground water line, sewer line, transmission line or other private utility. (Ord. 218-98 § 4.5, 1998)
8.25.100 Tree planting – Planting distance from property line.
No private trees may be planted closer than five feet to any private property line. (Ord. 218-98 § 4.6, 1998)
8.25.110 Street tree care.
In consideration of the value and benefits derived from the beauty and enjoyment of the street trees, the property owners abutting dedicated rights-of-way and utility easements shall have the responsibility, control and shall bear the cost of maintenance and care of the street trees abutting their property, and shall regularly inspect and remove defective conditions as necessary. (Ord. 218-98 § 5.1, 1998)
8.25.115 Street tree permits.
No person other than a city employee acting in an official capacity may, for any purpose, plant, remove, destroy, cut, prune or treat any street tree without first having received a right-of-way permit from the city. Any work done under such permit must be performed in strict accordance with the terms and provisions of this code including but not limited to HMC 8.25.190. (Ord. 337-2014 § 1)
8.25.120 Public tree care.
The city shall have the right to plant, prune, maintain and remove trees, shrubs and plants within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The city may remove, or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with HMC 8.25.050 through 8.25.100. (Ord. 218-98 § 5.2, 1998)
8.25.130 Necessary pruning.
The city may prune a private tree when it interferes with the proper spread of light along the street from a street light, or interferes with the visibility of any traffic control device or sign. (Ord. 218-98 § 5.3, 1998)
8.25.140 Dead, dangerous or diseased tree removal.
The city shall have the right to cause the pruning or removal of any dead or diseased trees on private or public property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city may remove or trim a tree described in this section or may require the property owner to remove or trim any such tree on private property, or any dedicated right-of-way or utility easement abutting upon the owner’s property. Failure of the property owner to remove or trim the tree within 30 days after receiving notice by the city is a violation of this chapter, and the public works department may then remove or trim the tree and assess the cost as a lien against the property. (Ord. 218-98 § 6, 1998)
8.25.150 Tree topping.
It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree, or other tree on public property. “Topping” is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this chapter at the determination of the city tree board. (Ord. 218-98 § 7, 1998)
8.25.160 Abuse or mutilation of trees.
No person shall abuse, destroy, or mutilate any street tree, in a dedicated public right-of-way, or any other public place, or attach or place any rope or wire (other than one used to support the tree itself), sign, poster, handbill, or other thing to or on any tree growing in a public place, or cause or permit any wire charged with electricity to come into contact with any such tree, or to allow any gaseous liquid or solid substance which is harmful to such trees to come into contact with their roots or leaves. (Ord. 218-98 § 8, 1998)
8.25.170 Removal of stumps.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. The costs of removing stumps shall be borne by the abutting property owner, and the costs shall be a lien against the abutting property. (Ord. 218-98 § 9, 1998)
8.25.180 Tree replacement.
The city may require the replacement by the abutting land owner, at the land owner’s expense, of a new tree after permission has been granted for the removal of an existing street tree. (Ord. 218-98 § 10, 1998)
8.25.190 Arborculturist permit and insurance bond.
No person or firm shall engage in the business or occupation of pruning, treating, or removing street or park trees within the city without first applying for and procuring permission from the city. However, permission shall not be required of any public service company or city employee doing such work in the pursuit of their public service endeavors. Before permission is granted, an arborculturist shall file evidence of possession of liability insurance in the minimum amounts of $100,000 for bodily injury and $300,000 for property damage indemnifying the city of any person injured or damaged resulting from the pursuit of the endeavors as described in this section. (Ord. 218-98 § 11, 1998)
8.25.200 Violation – Penalty.
(1) Any person found to be violating any of the provisions of this chapter shall be served by the city of Hubbard with a written notice stating the nature of the violation and providing a reasonable time limit for the satisfactory correction thereof. The offender shall, within the period of time stated in such notice, permanently cease all violation. Notice shall be in written form, personally delivered, or mailed and accepted, certified, returned receipt requested, by the person to be charged. The person to be charged or notified may be the owner or occupant of the premises.
(2) Any person who shall continue any violation beyond the time limit stated in such notice shall be guilty of a misdemeanor and, on conviction thereof, shall be fined in the amount not to exceed $500.00 for each violation. Each day in which any such violation shall continue shall be deemed a separate offense.
(3) Any person violating any provisions of this chapter shall become liable to the city of Hubbard for any expenses, loss or damage occasioned by the city by reason of such violation. (Ord. 218-98 § 12, 1998)