Chapter 9.16
PUBLIC TREE MANAGEMENT
Sections:
9.16.030 Jurisdiction and administration.
9.16.050 Performance evaluations.
9.16.060 Interference with planting, maintenance and removal of public trees unlawful.
9.16.010 Short title.
This chapter may be referred to as the “City of Centralia public tree management ordinance.” (Ord. 1980 § 1 (part), 1997).
9.16.020 Purpose and intent.
This chapter establishes policies, regulations and standards relevant to the management of trees (hereafter referred to as “public trees”) on city-owned public property and rights-of-way and which are necessary to ensure that the city will continue to realize the benefit provided by its urban forest. The provisions of this chapter are enacted to accomplish:
A. The establishment and implementation of a tree management program to provide maintenance and preservation of existing public trees and an orderly program of tree planting for the future;
B. The creation of guidelines for locations for tree plantings, recommendations of tree species to be planted; establishment of maintenance category and guidelines, and the identification of public trees to be removed in consultation with all city departments, the parks and recreation advisory (park board), and the planning commission;
C. The recognition and understanding by all city departments of the interrelationship of their responsibilities relative to public trees located on city-owned public property and rights-of-way;
D. The recognition of the city planning commission’s and park board’s mutual responsibility relative to the review of policies concerning public trees on city-owned public property and rights-of-way;
E. Nothing in this chapter shall infringe, alter or in any way change the responsibilities of the city concerning trees and how they relate to other city policies or regulations, nor shall anything in this chapter infringe, alter, or in any way change the responsibilities of the parks department relative to the management of trees in the Centralia parks system;
F. All city departments shall notify the city manager, or his designee, in the event the department intends to remove or substantially alter the appearance of a public tree. As used in this section, “substantially alter” includes, but is not limited to, action that results in the removal of more than one-third of the tree’s canopy or leaves the canopy in a non-symmetrical shape. City staff shall use their best efforts to inform and coordinate their efforts with other city departments in such way as to insure that both the planning commission and parks department are informed about such activities; and
G. No regulation or policy which affects trees on city-owned public property or rights-of-way shall be adopted by the city until first reviewed by both the city council or their designee, the park board and the tree committee. (Ord. 1980 § 1 (part), 1997).
9.16.030 Jurisdiction and administration.
It shall be the responsibility of the city manager, or his/her designee, to supervise the planting, maintenance and removal of all trees on all streets, rights-of-way, and city-owned public property within the city limits of Centralia in accordance with the provisions of this chapter. (Ord. 1980 § 1 (part), 1997).
9.16.040 Management program.
In consultation with the city council, the park board, planning commission, city manager or his/her designee, and the director of parks and recreation, the city shall develop and implement a public tree policy consistent with other city regulations, designed to provide an orderly program of tree management. The development of such a program shall include recommendations and directives designed to meet the following objectives:
A. The setting of standards for the planting, maintenance protection, preservation, removal and replacement of existing trees;
B. Planning and planting of trees for future benefits of the citizens of Centralia;
C. Approval of all tree plantings, maintenance, and removal of trees on city-owned property and rights-of-way; and
D. A net measurable increase over the long run (i.e., five years or more) in the number of public trees and amount of forest canopy in the city. (Ord. 1980 § 1 (part), 1997).
9.16.050 Performance evaluations.
The city manager or his/her designee shall collect and maintain all records and data necessary to objectively evaluate whether progress is being made toward the intent, purpose and objectives of this chapter. The city manager or his/her designee shall prepare an annual report. The park board shall consider the report recommendations and take all necessary action to accomplish the goals and objectives of this chapter. (Ord. 1980 § 1 (part), 1997).
9.16.060 Interference with planting, maintenance and removal of public trees unlawful.
No person, firm or corporation shall interfere with the city manager, or persons acting under his/her authority, while engaged in the planting, maintenance, removal or replacement of any tree, shrub or plant in any street, park, public rights-of-way or easement, or other public place within the city limits of Centralia. (Ord. 1980 § 1 (part), 1997).
9.16.070 Tree committee.
A subcommittee of the park board entitled the “tree committee” is authorized. The tree committee shall be advisory to the park board. The primary responsibility of the tree committee shall be to review and make recommendations to the park board concerning the implementation of the public tree policy. The tree committee shall consist of five members. To the extent practical, the following shall compose the tree committee: one representative from each of the following groups: historical commission, Lewis County arboretum society and park board. The remaining two members (or substitutes for the groups stated in the preceding sentence, if necessary) shall be residents of Centralia who have demonstrated their interest in conservation. If feasible, members should be sought who have a background in forestry, arboriculture, horticulture or landscape architecture, public relations, business management or law. (Ord. 1980 § 1 (part), 1997).
9.16.080 Rules.
The city manager, or his designee(s), is authorized to promulgate rules, regulations and policies (with council approval, if necessary), including the public tree policy, and to administer and implement the provisions of this chapter. (Ord. 1980 § 1 (part), 1997).
9.16.090 Penalty.
A. Any person, firm, corporation or association, or any agent thereof, who violates any provisions of this chapter, or any of the rules, regulations, policies (including the public tree policy), or plans adopted pursuant to this chapter, shall be guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars. In the event of a finding of guilt, the Centralia municipal court is encouraged to formulate punishment that furthers the goals of this chapter. It shall be a separate offense for each and every day or portion thereof during which any violation of any provision of this chapter or any of the rules, regulations, policies or plans adopted pursuant to this chapter is committed.
B. Any person, firm, corporation or association or any agent thereof who violates any of the provisions of this chapter of the public tree policy or any of the rules, regulations, policies or plans adopted pursuant to this chapter shall be liable for all damages resulting from such violation, including the cost of restoring the affected area to its condition prior to such violation or to such other conditions acceptable to the city.
C. Notwithstanding any other provision herein, any actions done contrary to the provision of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter, or the failure to comply with the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy), or plans adopted pursuant to this chapter, shall be and the same is declared to be a public nuisance.
D. The city is authorized to apply to any court of competent jurisdiction for an injunction restraining any person, firm, corporation or association or any agent from violating any of the provisions of this chapter or any of the rules, regulations, policies or plans adopted pursuant to this chapter, and said injunction may order compliance with the provisions hereof, and the violators shall pay all city costs of seeking such injunction in the event the city is successful in obtaining the injunction.
E. Penalty and enforcement provisions provided in this section are not exclusive, and the city may seek such other form of remedy it deems appropriate. (Ord. 1980 § 1 (part), 1997).
9.16.110 Liability.
Nothing contained in this chapter or in any related rule, regulation or policy shall be deemed to impose any liability upon the city, its officers, employees or agents. Further, nothing contained in this chapter shall relieve any owner of property from the duty to keep any tree, shrub, plant or vegetation on his/her property or under his/her control, including unimproved easements or rights-of-way containing public trees, in such condition as to prevent a hazard, nuisance or an impediment to travel. (Ord. 1980 § 1 (part), 1997).