Chapter 8.40
TREE MANAGEMENT
Sections:
8.40.030 Jurisdiction and administration.
8.40.050 Performance evaluations.
8.40.060 Interference with planting, maintenance and removal unlawful.
8.40.080 Authority to promulgate rules.
8.40.010 Short title.
The ordinance codified in this chapter may be referred to as the “city of Everett public tree management ordinance.” (Ord. 1948-93 § 1, 1993)
8.40.020 Purpose and intent.
This chapter establishes policies, regulations and standards relevant to the management of trees on city-owned public property and right-of-way 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 classes and guidelines, and the identification of trees to be removed in consultation with the parks board of commissioners, planning commission, department of parks and recreation (parks department), planning and community development department (planning department) and public works department;
C. The recognition by the parks department and the planning departments of the interrelationship of their responsibility relative to trees located on city-owned public property and right-of-way;
D. The recognition by the city of the planning commission’s and parks commission’s mutual responsibility relative to the review of the policies and regulations concerning trees on city-owned public property and right-of-way;
E. Nothing in this chapter shall infringe, alter, or in any way change the responsibilities of the planning department concerning trees relative to planning for the urban design of the city, nor shall anything in this chapter infringe, alter, or in any way change the responsibilities of the parks department relative to the management and maintenance of trees on city-owned public property and right-of-way;
F. The planning department as staff to the planning commission and the parks department shall coordinate their efforts to insure that both commissions and departments are informed relative to issues concerning trees on city-owned public property and right-of-way including tree plantings, tree management and tree maintenance; and
G. No regulation or policy which affects trees on city owned public property or right-of-way shall be adopted by the city until first reviewed by both the parks commission and planning commission. (Ord. 1948-93 § 2, 1993)
8.40.030 Jurisdiction and administration.
It shall be the responsibility of the director of parks and recreation 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 in accordance with the provisions of this chapter. This chapter does not regulate trees located on city property within the watershed at Lake Chaplain which trees are under the exclusive jurisdiction and administration of the public works director. (Ord. 1948-93 § 3, 1993)
8.40.040 Management program.
In consultation with the parks commission, planning commission and public works department, the director of parks and recreation or his/her designee, shall develop and implement a public tree policy consistent with other city regulations designed to provide an orderly program of tree management. Such program shall include all public property and rights-of-way including parks, public greenbelts and other city-owned property except Lake Chaplain. The development of such a program include 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 benefit of the citizens of Everett;
C. Approval of all tree plantings, maintenance, and removal of trees on city-owned property and rights-of-way; and
D. In the short term, no net loss of forest canopy cover on city-owned public lands and right-of-way; in the long term, measurable gain. (Ord. 1948-93 § 4, 1993)
8.40.050 Performance evaluations.
The director 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 director 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. 1948-93 § 5, 1993)
8.40.060 Interference with planting, maintenance and removal unlawful.
No person, firm or corporation shall interfere with the director 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 right-of-way or easement, or other public place within the city limits. (Ord. 1948-93 § 6, 1993)
8.40.070 Tree committee.
A subcommittee of the board of park commissioners (commission) entitled the “tree committee” is authorized. The tree committee shall be advisory to the commission. The primary responsibility of the tree committee shall be to review and make recommendations to the parks commission concerning the implementation of the public tree policy. Provided, however, on issues concerning the revision or establishment of standards or regulations concerning the city’s urban forestry, the tree committee shall provide its recommendations to the city’s planning commission in addition to the parks commission since these issues may affect the city’s comprehensive plan, zoning code, subdivision code and other land use regulations. The tree committee shall consist of seven members. To the extent practical, the following shall compose the tree committee: One representative from each of the following groups: council of neighborhoods, historical commission, planning commission and the board of park commissioners. The remaining three members shall be residents of Everett who have demonstrated their interest in conservation and to the extent possible shall have a background in forestry, arboriculture, horticulture or landscape architecture, public relations, business management or law. (Ord. 1948-93 § 7, 1993)
8.40.080 Authority to promulgate rules.
In conjunction with the director of planning and community development and public works, the parks director is authorized to promulgate rules, regulations and policies including the public tree policy to administer and implement the provisions of this chapter. (Ord. 1948-93 § 8, 1993)
8.40.090 Compliance.
This chapter and all rules, regulations and policies adopted pursuant hereto shall be implemented in accordance with all appropriate state and federal laws and regulations. (Ord. 1948-93 § 10, 1993)
8.40.100 Liability.
Nothing contained in this chapter or in any related rule, regulation or policy (including the public tree 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 street tree areas in such condition as to prevent a hazard, nuisance or an impediment to travel. (Ord. 1948-93 § 11, 1993)
8.40.110 Violation—Penalty.
A. Any person, firm, corporation or association or any agent thereof who violates any of 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 guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars. It shall be a separate offense for each and every day or portion thereof during which any violation of any provisions 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 or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter shall be liable for all damages to property arising 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 the other provisions provided in this section, anything done contrary to the provisions of this chapter 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 and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent 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 (including the public tree policy) or plans adopted pursuant to this chapter and compelling compliance with the provisions thereof 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 pursue any remedy or relief it deems appropriate. (Ord. 1948-93 § 9, 1993)