Chapter 12.28
TREES AND PLANTS
Sections:
12.28.040 Enforcement authority.
12.28.050 Tree committee – Appointment – Advisory function.
12.28.060 Permission required to plant or remove trees.
12.28.070 Master street tree plan adopted.
12.28.080 Prohibited trees and plantings.
12.28.090 Permit required to cut, prune or spray vegetation – Exception.
12.28.100 Exceptions to CMC 12.28.090.
12.28.110 Nuisances – Owner’s duty – Action by city.
12.28.120 Infected or infested plant materials – Inspection and removal authority.
12.28.140 Blanket permits for public utilities.
12.28.150 Permit – Contents – Expiration.
12.28.160 Interference with superintendent prohibited.
12.28.010 Short title.
The ordinance codified in this chapter shall be hereafter referenced to and cited as the “Tree Ordinance of the City of Cashmere, Washington.” (Ord. 488 § 2, 1975).
12.28.020 Purpose.
It is for the best interest of the city and of the citizens and public thereof that a comprehensive master plan for planting and maintenance of trees in public places within the city is adopted for the purpose of developing and providing such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees. (Ord. 488 § 1, 1975).
12.28.030 Definitions.
As used in this chapter, the words and phrases in this section have the meanings ascribed to them as follows:
A. “Owner” includes the legal owner of real property fronting any highway, street of the city, or park, and any lessee of such owner.
B. “Park” includes all public parks having individual names.
C. “Persons” includes all firms, associations, corporations, and persons connected with such firms, associations, and corporations.
D. “Public places” includes all other grounds owned by the city.
E. “Street” or “highway” includes all lands lying between the so-called property lines on either side of all public streets, roads, boulevards and alleys or parts thereof.
F. “Superintendent of utilities” means the superintendent of utilities of the city.
G. “Trees and shrubs” includes all woody vegetation now and hereafter growing on any public street or highway or public place. (Ord. 488 § 4, 1975).
12.28.040 Enforcement authority.
The mayor and the city council, through the superintendent of utilities or his duly authorized representative, shall have full power, authority, jurisdiction and control of the planting, location and placement of all trees in the public streets and areas of the city and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and placement thereof and shall be charged with the enforcement of this chapter. (Ord. 488 § 3, 1975).
12.28.050 Tree committee – Appointment – Advisory function.
The mayor and city council may annually appoint a committee of not more than seven citizens to sit as members of the tree committee. The tree committee shall provide the mayor and the superintendent of utilities with advice and information as to the supervision, direction and control of the care, trimming, removal and relocation and placement of vegetation in the public streets and areas of the city. It is understood that the committee shall act in an advisory capacity only. (Ord. 488 § 3, 1975).
12.28.060 Permission required to plant or remove trees.
No trees or shrubs shall be placed in or removed from any street, public parking strip or other public place in the city without written permission from the superintendent of utilities. (Ord. 488 § 5, 1975).
12.28.070 Master street tree plan adopted.
All trees and shrubs planted in any public parking strip or other public place in the city shall conform as to species and location to the master street tree plan which is codified in CMC 12.28.180. (Ord. 488 § 6, 1975).
12.28.080 Prohibited trees and plantings.
It is unlawful to plant in any street or other public place in the city any tree of the cottonwood, box elder, Chinese elm, or poplar species or to plant any shrubs or hedges in the streets or other public places of the city, except that shrubs and hedges may be planted in designated public parks. In the case of a corner lot, existing hedges, shrubs, or any other plant material within 30 feet of the street intersection shall be trimmed and maintained so as not to stand more than three feet above the level of the sidewalk. On corners where existing embankments, retaining walls or other objects are placed, no plant materials shall be planted unless by permit from the superintendent of utilities. (Ord. 488 § 7, 1975).
12.28.090 Permit required to cut, prune or spray vegetation – Exception.
It is unlawful and is prohibited for any person other than the superintendent of utilities or his duly authorized agent or deputy to cut, trim, prune, spray, brace, plant, move, or replace any tree in any public street or other public place within the city, or to cause the same to be done, unless and until written permit to do so shall have first been obtained from the superintendent of utilities. Any such permit may be declared void by the superintendent if its terms are violated. Nothing in this section shall be construed so as to apply to the removal, under the direction of the city engineer’s department, or the department of public works, of any root, tree, shrub, or plant or parts thereof when such removal is necessary for the construction of any sidewalks, sewer or public improvement, after having first notified the superintendent of utilities; except, that the superintendent of utilities shall give public notice of at least 30 days of the removal of any root, tree, shrub, or plant or parts thereof. Such notice shall be in the local legal newspaper and shall afford citizens the opportunity to object to the removal of such vegetation. Such notice requirement shall be suspended when an emergency situation exists. (Ord. 488 § 8, 1975).
12.28.100 Exceptions to CMC 12.28.090.
No person other than an owner or public utility may do any act for which a permit is required under CMC 12.28.090 except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the superintendent of utilities, is qualified for such business or who has obtained a permit and paid the required license fee to carry on such business in the city. (Ord. 488 § 9, 1975).
12.28.110 Nuisances – Owner’s duty – Action by city.
Any tree growing on a public alley, street or highway, but so located as to extend its branches over a public alley, street, or highway, shall be so trimmed by the owner of the property on which the tree stands, or by his agents, that there shall be a clear height of 12 feet above the surface of the street, alley or highway and eight feet above the surface of the sidewalks unobstructed by branches, and such owner or his agents shall remove all dead branches and stubs of such tree or trees which are or may become a menace to travelers on the public highways, streets, alleys or sidewalks of the city. Trees with roots which are causing upraised sidewalk slabs or are similarly causing trouble are declared a nuisance. If a tree or its parts in any other way cause a hindrance to the general public, or if it is considered troublesome, or in any way may endanger the security and usefulness of any public street, highway, alley, sewer or sidewalk, as determined by the superintendent of utilities, it is declared to be a public nuisance. If the owner of such private property does not correct or remove such nuisances within a reasonable time specified in writing by the superintendent of utilities, the superintendent shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner. (Ord. 488 § 10, 1975).
12.28.120 Infected or infested plant materials – Inspection and removal authority.
The superintendent of utilities may inspect all trees, shrubs and logs upon any property within the city limits. Upon discovering any such above mentioned plant materials to be infested with any serious disease or insects detrimental to the growth, health and life of such plants or adjoining plants, the superintendent of utilities shall at once notify in writing the owner, agent or occupant of the premises whereon the same is located of the condition thereof, and direct such person to eradicate, remove, and destroy these plant materials. If the owner, agent or occupant fails to comply within the time specified by the superintendent of utilities, he shall correct such conditions and the cost assessed to such owner, agent or occupant. (Ord. 488 § 11, 1975).
12.28.130 Prohibited acts.
A. Except to abate a nuisance as defined in this chapter, it is a violation of this chapter to:
1. Fasten any sign, card, poster, wire, rope or other material to or around or through any public tree or shrub, or its guard, in the city, without a written permit of the superintendent of utilities, except in emergencies such as storms or accidents;
2. Deposit, place, store or maintain upon any public area of the city any stone, brick, sand, concrete or other materials which may impede the free passage of water, air and fertilizer to the roots of any tree or shrub growing therein;
3. Break, injure, mutilate, kill or destroy any tree or shrub, or permit any fire to burn where such fire will injure any portion of any tree or shrub in any public area; no person shall permit any toxic chemical to seep, drain or be emptied on or about any public tree or shrub; no person shall knowingly permit electric wires to come in contact with any public trees or shrubs unless protected by approved methods; and no person shall attach any electrical insulation to any public tree or shall excavate any ditches, tunnels or trenches, or lay any drive within a radius of 10 feet from any public tree or shrub without first obtaining permission from the superintendent of utilities. During building operations the builder shall erect suitable protective barriers around public trees or shrubs apt to be injured;
4. Permit any leaks to exist in any gas pipes or mains laid beneath the surface of any street, alley or public place in the city by any person, firm, or corporation owning, maintaining, or operating such gas pipes or mains, or permit any leaks to exist within 40 feet of any tree now or hereafter growing in any street or public place in the city, and in the event that leaks exist or occur in such pipes or mains, it shall be the duty of the person, firm, or corporation owning or operating such defective pipes or mains to repair the same immediately, and stop such leak in a manner so as to prevent a recurrence of the same, and upon receiving written notice from the superintendent of utilities calling the attention of such person, firm, or corporation to the same.
B. Any person violating this section shall be guilty of an infraction which shall be punished by a fine of not more than $50.00 for the first offense and not more than $100.00 for each subsequent offense. (Ord. 848 § 1, 1995; Ord. 488 § 12, 1975).
12.28.140 Blanket permits for public utilities.
Upon application to the superintendent of utilities by a telephone, telegraph, electric power or public service corporation or utility, to trim trees, or perform other operations affecting public trees or shrubs, including the activities otherwise prescribed in CMC 12.28.100, or upon application of qualified contractors who have entered into contracts with a telephone, telegraph, electric power or other public service corporation or utility to trim trees or perform other operations affecting public trees or shrubs, the superintendent of utilities shall grant a blanket permit, good until revoked for cause, covering all tree trimming and other operations affecting public trees or shrubs in the city by such telephone, telegraph, electric power or other public service corporation or utility or qualified contractor. The superintendent of utilities shall be notified of when and where such operations shall take place. The amount of such trimming or extent of the other operations shall be done in a neat, workmanlike manner, and according to generally accepted practices. If necessary, the superintendent of utilities may assign an inspector to supervise the provisions of the permit and the cost of such service shall be charged to the public service corporation or utility or contractor at cost. (Ord. 488 § 13, 1975).
12.28.150 Permit – Contents – Expiration.
Every permit granted by the mayor, or his authorized agent, shall specifically describe the work to be done under it and shall expire at the end of not exceeding 60 days from the date of its issuance, except for those permits issued under CMC 12.28.140. No charge shall be made for any permit. (Ord. 488 § 14, 1975).
12.28.160 Interference with superintendent prohibited.
No person shall prevent, delay or interfere with the superintendent of utilities or any of his assistants in the execution or enforcement of this chapter; provided, however, that nothing in this chapter shall be construed as an attempt to prohibit a public hearing or to prohibit any remedy, legal or equitable, in any court of competent jurisdiction for the protection of the property rights by the owner of any property within the city. (Ord. 488 § 15, 1975).
12.28.170 Appeals.
Appeals from order made under this chapter may be made by filing written notice thereof with the city clerk-treasurer within 10 days after such order is received, stating in substance that appeal is being made from such order to the city council. The clerk-treasurer thereupon shall call such appeal to the attention of the city council at the next regular succeeding meeting, at which meeting the appellant and the superintendent of utilities may present evidence, unless a future date is set for hearing the appeal. Action taken by the city council after such a public hearing shall be conclusive. (Ord. 488 § 16, 1975).
12.28.180 Master tree plan.
It is the intent of the ordinance codified in this chapter to accomplish the forestation and reforestation of the public areas of the city of Cashmere with species that are compatible with our locale and each particular location. Placement of vegetation should be consistent with the pedestrian and vehicular needs of our community. Maintenance and care for the public trees, as well as dissemination of information on the subject of tree care and maintenance will be the responsibility of the city of Cashmere and its designated representatives. (Ord. 488, 1975).