Chapter 14.08
TREE PLANTING AND MAINTENANCE*
Sections:
14.08.030 Tree care, planting, removing and replacement.
14.08.040 Abuse or mutilation of trees prohibited.
14.08.050 Interfering or hazardous trees.
14.08.080 Repealed.
14.08.090 Repealed.
14.08.100 Repealed.
14.08.110 Penalty for violations.
* Cities authorized to control vegetation – See RCW 35.21.310.
14.08.010 Purpose.
The purpose of this chapter is to establish standards and guidelines in order to preserve, maintain, protect, and improve the tree plantings in and along city rights-of-way, in planting strips, in public places and parks within the city, and enhance the beauty, livability, and value of the surrounding environment. (Ord. 1637 § 1, 2019; Ord. 244 § 1, 1954).
14.08.015 Definitions.
(a) “City” as used herein means the city of Fircrest acting by and through its authorized representatives.
(b) “Hazardous tree” means any street tree, or tree located in a park or on other public property, or part thereof, that the city determines is subject to a high probability of failure, due to structural defect or disease, and which poses a potential threat to persons or property in the event of failure. “Hazardous tree” also means any tree which interferes with electrical, telephone or other utility lines. Hazardous trees are not in danger of imminent failure.
(c) “Hedge” as used herein includes any plant material, shrub or plant, when planted in a dense, continuous line or area, as to form a thicket or barrier.
(d) “Imminent hazard” or “imminent hazardous tree” means a tree or any significant part thereof which has fallen, become partially uprooted, become split or severely broken apart, or is clearly about to fall in the very near future, due to a storm or other calamity, or disease or insect infestation.
(e) “Minor pruning” means pruning or cutting of water sprouts, suckers, twigs, or branches less than three inches in diameter and which constitute less than 15 percent of the tree’s foliage-bearing area. The work shall retain the natural form of the tree. Removal of dead wood, broken branches and stubs is included within the definition of minor pruning. Minor pruning may be performed by the property owner without obtaining a street tree permit from the city.
(f) “Nonconforming tree” means any street tree, or tree located in a park or on other public property, or part thereof, that is not of a type or species included in the approved street tree palette, in accordance with Chapter 22.65 FMC.
(g) “Parks” includes all parks to which names have been given by action of the city council.
(h) “Person” as used herein means individuals, firms, associations and corporations, and agents, employees or representatives thereof.
(i) “Plant” as used herein includes all other plant material, nonwoody, annual or perennial in nature, not necessarily hardy.
(j) “Planting strip” as used herein shall mean that area of city right-of-way lying between the sidewalk and the installed curb or edge of the city street or alley.
(k) “Public places” includes all grounds, other than streets or parks, owned by or leased to and under the control of the city of Fircrest.
(l) “Right-of-way” includes streets, alleys, planting strips, sidewalks and platted but unconstructed streets and alleys within the city.
(m) “Shrub” as used herein includes any woody perennial plant, normally low, several-stemmed, adaptable to shaping, trimming and pruning without injury, within the area planted.
(n) “Street” includes all land lying between the boundaries of property abutting on all public streets, boulevards, alleys and walks.
(o) “Street tree” as used herein includes any tree, shrub, bush, or other woody vegetation planted in a planting strip or in a city street or alley right-of-way.
(p) “Substantial pruning” means the pruning or cutting out of branches three inches in diameter or greater, root pruning, or cutting out of branches and limbs constituting greater than 15 percent of the tree’s foliage-bearing area. The work shall retain the natural form of the tree.
(q) “Topping” means the severe cutting back of limbs leaving stubs beyond the branch collar within the tree’s crown or to such a degree as to remove a substantial portion of the normal canopy and disfigure the tree. (Ord. 1637 § 2, 2019).
14.08.020 Applicability.
This chapter applies to all planting or removing of any tree, bush, or shrub on any public parking strip, right-of-way or other public place. The city shall have the power and authority to remove, plant, care for, restrict and maintain any such plantings in the right-of-way. (Ord. 1637 § 3, 2019; Ord. 244 § 2, 1954).
14.08.025 Jurisdiction.
The city public works department or designee shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public places, parks and streets of Fircrest and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof. (Ord. 1637 § 4, 2019).
14.08.030 Tree care, planting, removing and replacement.
(a) The city may plant, prune, maintain and remove any street tree or tree located in a city park, as may be necessary to ensure public safety or to preserve or enhance the appearance of public places. Existing trees shall be retained unless they are deemed to be seriously unhealthy or to cause hazards to public safety in the judgment of the city.
(b) The city endorses and encourages the planting of appropriate trees within planting strips by abutting property owners. In order to ensure that street trees are appropriate for the particular space, are properly maintained, and, when necessary, are replaced, trees must be in the approved street tree palette, in accordance with Chapter 22.65 FMC. A private property owner may be granted permission to remove a nonconforming tree or trees by the city; provided, that said owner pays for the removal of the nonconforming tree or trees and for the purchase and planting in the same or nearby location of appropriate trees which are listed on the city street tree palette. Hazardous trees removed by utility companies do not require replacement.
(c) It is unlawful for any person other than an authorized city employee, or designee, to destroy, plant, move, remove or replace any tree, shrub, hedge or plant in any public place, park or along any street designated as an arterial or collector, or to cause the same to be done, unless and until a written permit to do so has first been obtained. This requirement shall extend to the street trees planted along San Juan Avenue.
(d) Spacing of street trees, on average, shall be 30 feet on center. Generally, trees should be planted at least 10 feet from utility or light poles or fire hydrants, 20 feet from street corners, and 10 feet from driveways.
(e) Street trees shall be deciduous and should have a caliper of at least one and three-quarters inches at the time of planting.
(f) Street trees shall be high-branching with a canopy that starts at least six feet above finished grade, and have roots which will not break up sidewalks or roadbeds or invade utility lines. For areas without overhead power lines, tree types shall be planted which will achieve a minimum height of 30 feet at maturity.
(g) Street tree types shall be selected in accordance with the approved street tree palette contained in Chapter 22.65 FMC. Tree types and locations shall take into consideration lighting requirements for streets, parking, and pedestrian circulation areas, and signage requirements. The tree type shall not bear fruit or release sticky substances.
(h) Root deflectors or other planting specifications may be required if recommended by a professional landscape architect or arborist. (Ord. 1637 § 5, 2019; Ord. 244 § 3, 1954).
14.08.040 Abuse or mutilation of trees prohibited.
It shall hereafter be unlawful for any person to damage, destroy or mutilate any tree, shrub or plant growing on any public parking strip, right-of-way or other public place, or to attach thereto any sign, poster, handbill or other thing, or to attach or place any rope or wire thereto, or to cause or permit any wire charged with electricity to come in contact therewith, or in any other way to mutilate or cause the mutilation of any such tree, shrub or plant; provided, that nothing herein contained shall prevent the owner or occupant of any abutting property from trimming or pruning trees, shrubs or plants in a parking strip, or placing proper support on or around a young or broken tree. (Ord. 244 § 4, 1954).
14.08.050 Interfering or hazardous trees.
(a) The city may inspect any tree upon or which overhangs any public street in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any street that in the opinion of the city official endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within 14 days after receipt of written notice thereof from the public works director, or designee, the city shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.
(b) The city may inspect any tree which appears to be, or has been reported to be, dead or suffering from an infectious disease or insect infestation condition, whether said tree is in a public place or on private property. The city shall have the right to cause the removal of any dead, diseased or infected tree located within the city, whether located in a public place or on private property, when the city determines that such tree constitutes a hazard to life or property, or harbors insects or disease which constitutes a potential threat to other trees within the city. This subsection shall apply to any tree upon private property, whether or not the tree interferes with or endangers the use of a public right-of-way. (Ord. 1637 § 6, 2019; Ord. 244 § 5, 1954).
14.08.060 Enforcement.
If any tree which appears to be, or has been reported to be, dead or suffering from an infectious disease or insect infestation condition is located on private property, the owner(s) shall be notified of such tree in writing of the city’s determination that such tree must be removed. Removal of such tree shall be done by said owners at their own expense within 14 days after the date of mailing of the notice. In the event that the owner(s) fails to remove such trees within 14 days, and fails to file a written notice of appeal pursuant to FMC 14.08.070, the city shall have the authority to remove such tree, and the costs of removal shall be assessed against the owner(s) and a lien filed against the property. (Ord. 1637 § 7, 2019; Ord. 244 § 6, 1954).
14.08.070 Appeals.
Any person aggrieved by any act or determination of a city official in the exercise of the authority herein granted shall have the right of appeal to the hearing examiner whose decision, after a public hearing, on the matter shall be final and conclusive. Notice of appeal must be filed in writing with the city manager within 14 days from the act or determination complained of. The public hearing before the hearing examiner shall be set no later than 30 calendar days following the receipt by the city administrator of the written notice of appeal. The city manager shall notify the appellant in writing of the date, time and location of the public hearing at least 10 calendar days prior to the hearing. (Ord. 1637 § 8, 2019; Ord. 244 § 8, 1954).
14.08.080 Contents of notice to abate.
Repealed by Ord. 1637. (Ord. 244 § 8, 1954).
14.08.090 Service of notice to abate.
Repealed by Ord. 1637. (Ord. 244 § 9, 1954).
14.08.100 Abatement of nuisance by the city – Lien against property.
Repealed by Ord. 1637. (Ord. 244 § 10, 1954).
14.08.110 Penalty for violations.
Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor for each offense. (Ord. 1637 § 12, 2019; Ord. 987 § 37, 1991; Ord. 834 § 37, 1986; Ord. 244 § 11, 1954).