Chapter 12.34
STREET TREE AND VEGETATION CODE
Sections:
12.34.030 Enforcing authority.
12.34.040 Maintenance responsibility.
12.34.050 Street trees abutting or within city right-of-way – Permits required.
12.34.060 Removal of trees, plants and shrubs.
12.34.070 Dangerous and obstructive trees.
12.34.080 Treatment and removal of infected or infested trees.
12.34.090 Destroying, defacing, or injuring any street tree.
12.34.100 Protection of trees.
12.34.110 Interference with city personnel.
12.34.120 Cooperation between city departments and agencies.
12.34.130 Nonliability of city.
12.34.010 Intent and purpose.
The intent of this chapter is, through the preservation, protection and planting of trees, to:
A. Improve the environmental, economic, social and aesthetic well-being of the community;
B. Reduce stormwater runoff and the costs associated therewith and replenish ground water supplies;
C. Aid in the removal of carbon dioxide and generation of oxygen in the atmosphere;
D. Provide a visual buffer and screen against traffic and some buffer against noise pollution;
E. Provide protection against severe weather;
F. Aid in the control of drainage and restoration of denuded soil subsequent to construction or grading;
G. Provide a haven for birds which in turn assist in the control of insects;
H. Protect and increase property values;
I. Conserve and enhance the city’s physical and aesthetic environment; and
J. Generally protect and enhance the quality of life and the general welfare of the city. (Ord. 1068 § 1, 2007)
12.34.020 Definitions.
A. “City right-of-way” means that strip of land over which is built, or over which the city has the right to build, public streets, sidewalks, planting strips or alleys, or is used for or dedicated to utilities installation.
B. “Director” means the director of the public works department or his designee.
C. “Improved right-of-way” means that strip of land dedicated and improved and developed to city standards for public use as a street, sidewalk or alley.
D. “Licensed arborist” means a person bonded and state licensed to engage in the business or occupation of trimming, pruning, treating or removing trees.
E. “Maintenance,” in the context of this code, shall mean the care, pruning, watering, spraying, treatment of, and/or removal and replacement of street trees within public places and rights-of-way.
F. “Major pruning” consists of the trimming or cutting out of branches two inches in diameter or greater, root pruning, or trimming or cutting out of branches and limbs constituting greater than 10 percent of the tree’s foliage-bearing area. The work shall retain the natural form of the tree.
G. “Minor pruning” consists of trimming or cutting out of water sprouts, suckers, twigs or branches less than two inches in diameter, or which constitutes less than 10 percent of the tree’s foliage-bearing area. The work shall retain the natural form of the tree. Removal of dead wood is included within the definition of minor pruning.
H. “Other vegetation” means trees, bushes, shrubs, grasses, or other plant material on or encroaching upon improved rights-of-way.
I. “Person” is any public or private individual, group, company, firm, corporation, partnership, association, society or any other combination of human beings whether legal or natural.
J. “Planting strip” means that portion of the right-of-way not used for transportation and thus available for the purpose of planting and maintaining trees and other vegetation.
K. “Street tree” means any tree which is located upon property within a city right-of-way in the city of Okanogan.
L. “Topping” means the removal of the lead stem of the tree.
M. “Tree board” is defined in OMC 2.38.020.
N. “Unimproved right-of-way” means that strip of land which has been dedicated, but not developed or improved to city standards, for public use as a street, sidewalk or alley.
O. “Franchise” means the instrument by which local authority regulates use of the rights-of-way by utilities, telecommunications, etc. (Ord. 1068 § 1, 2007)
12.34.030 Enforcing authority.
A. The director shall be charged with the enforcement of this chapter as specifically provided herein.
B. The director shall have exclusive jurisdiction and supervision over all street trees or other vegetation growing in public rights-of-way unless otherwise designated or provided by this chapter.
C. The director shall have the authority to supervise all work done under a permit issued in accordance with the terms of this chapter.
D. The director shall have the authority to affix reasonable conditions to the granting of a permit hereunder.
E. The director shall consult with the appointed tree board on matters relating to planting, removal, enhancement, and preservation of street trees located within the city’s rights-of-way or parks. (Ord. 1068 § 1, 2007)
12.34.040 Maintenance responsibility.
A. The public works department shall maintain all street trees located on planting strips adjacent to public streets, rights-of-way and other public places. The public works department shall not be responsible for maintenance or replacement of trees or other vegetation on private streets or private property not maintained by the city.
B. The public works director shall have the authority to designate maintenance of street trees to organized or adopted groups or appointed individuals where such designation or appointment will result in increased care or maintenance of street trees within an area or areas of the city of Okanogan.
C. The abutting property owner and/or occupant is responsible for the maintenance of vegetation other than street trees which is within the city right-of-way. The abutting property owner and/or occupant shall maintain trees and other vegetation on unimproved rights-of-way. The code enforcement officer shall enforce compliance with this provision.
Attachment A – Historic Downtown Area
The city of Okanogan will be responsible for maintaining the trees and vegetation on the following streets:
Second Avenue from Tyee Street to Norman Street.
Third Avenue from Rose to Norman.
Pine Street from First Avenue to Third Avenue.
Oak Street from First Avenue to Third Avenue.
Queen Street from First Avenue to Third Avenue.
The physical boundaries of the central business historic overlay district are within and described as follows:
Lots 5, 6, 7 and 8 of Block 3, Lots 5, 6, 7 and 8 of Block 4, Lots 5, 6, 7 and 8 of Block 5, Blocks 6, 7 and 8, Lots 1, 2, 3 and 4 of Block 9, Lots 1, 2, 3 and 4 of Block 10, Block 11, all of North Alma and Lots 1, 2, 3, 4, 5, 6, 7 and 8 of Block 2, Pogue Addition and Lot 1, Nw120ft/Lot2, S40ft/Lot 2, S40ft/Lot 3 Block 1 Ostenberg Addition and Block 12 of Kahlow’s Addition and Lot 1, Block 1 Home Addition all in Sections 16 and 17, Township 33 N. Range 26 E. WM and that portion of abutting rights-of-way in accordance with OMC 18.12.060(A).
Street trees planted or replanted within the rights-of-way of the streets listed above shall be selected to conform to the adopted street tree spacing and placement guidelines and approved plants list adopted for the historic central business district.
The adopted street tree species within the historic central business district shall be flowering pear (Pyrus calleryana).
Attachment B – Other City Streets
The city of Okanogan in conjunction with the Okanogan tree board has developed the following species list approved for planting within the rights-of-way of the streets dedicated to the public together with other publicly owned areas within the city of Okanogan:
• Flowering pear (Pyrus calleryana).
• Japanese tree lilac (Syringa reticulata).
• Chinese Kousa dogwood.
• Service berry.
• Honey locust.
Attachment C – Parks and Cemeteries
The city of Okanogan in conjunction with the Okanogan tree board has established that trees planted or replanted within the parks or cemeteries of the city of Okanogan shall be limited to nonfruiting varieties to reduce conflict with agricultural production. (Ord. 1068 § 1, 2007)
12.34.050 Street trees abutting or within city right-of-way – Permits required.
A. Trimming and Removal of Street Trees. No person shall perform major pruning or remove street trees or cause or authorize any person to trim, prune or remove street trees without first filing an application and procuring a street tree permit from the city, subject to the following requirements:
1. Application Information Required. The application required herein shall state the kind, size, location and condition of trees to be trimmed or removed; the kind of trimming to be administered; and such other information as the director shall find reasonably necessary to a fair determination of whether a permit should be issued hereunder.
2. Standards for Issuance. The director shall review permits for planting and/or removal of street trees to ensure that the location, spacing, species, workmanship, etc., are in compliance with this chapter.
3. Major Pruning. The city may require that major pruning of street trees be performed by a licensed arborist. This determination will be made as a part of the street tree permit process.
4. Tree Topping of Street Trees. As defined in OMC 12.34.020(L), tree topping of street trees is unlawful as a normal practice. Trees severely damaged by storms or other causes, or where other pruning practices are impractical, may be exempted from this subsection at the determination of the director.
5. Removal of Street Trees. If a street tree is removed, its stump and roots shall be removed to a point at least one foot below the top of the adjacent curb or proposed curb grade.
6. Tree Replacement Location. As a condition to the granting of a street tree removal permit, the director may require the applicant to relocate or replace trees.
B. Planting of Trees. No person shall plant a tree or other vegetation in a city right-of-way without first filing an application and procuring a street tree permit from the city. There shall be no cost for obtaining a street tree permit.
Upon receipt of an application for a permit to plant or set out in excess of 10 trees, the director shall have the authority to require from the applicant a detailed declaration of intentions either in the form of a planting plan or written statement. All planting plans shall be drawn in ink and submitted in duplicate. One copy of each plan or statement of intention shall, when approved by the director, be returned to the applicant and the director shall keep the other copy on file. All statements filed in lieu of a planting plan shall contain the same information as required on the plan. All planting plans shall accurately show:
1. The proposed street including pavement, curb, gutter, parking strip and sidewalk areas to a definite indicated scale;
2. The variety and size of each and every tree proposed to be planted and of those already existing within the proposed street lines either indicated on the plans or referenced with number to key list;
3. The location of each proposed tree shall be clearly defined in relation to existing trees within the proposed street line, buildings, utilities and other improvements;
4. The distance between trees in any direction;
5. Within the historic central business district, the adopted tree spacing shall be four trees per block per street side, except where other pre-existing features or improvements preclude such spacing (street lights, clocks, awnings, etc.). Tree placement, side to side, shall be planned to be evenly spaced.
C. Notice of Completion. A notice of work completion concerning tree planting, removal or major pruning shall be given by the permittee, within five days, to the director for his inspection.
D. Department Responsibilities for Coordination of Street Tree Permits.
1. City Clerk’s Office.
a. Provide a street tree permit application;
b. Provide handout information including street tree brochure and recommended tree listings as prepared by the Okanogan tree board;
c. Route street tree permit applications to the director.
2. Public Works Department.
a. Inspect job site and approve or disapprove based upon impact of tree to right-of-way;
b. Contact permit applicant;
c. Determine if licensed trimmer is required;
d. Approve or disapprove permit application and notify applicant of decision;
e. Inspect work after completion.
E. Expiration. Any permit issued pursuant to this chapter shall expire 30 days from date of issuance.
F. Denial of Permit – Appeal Process. A decision denying a request for a street tree permit may be appealed to the city council parks committee. The appeal notice shall be in writing and submitted to the director. The notice shall include, at a minimum, the following information: name, address, telephone number of applicant, location of trees involved in the appeal, decision being appealed, reference to any applicable code or ordinance and a concise statement of the reasons for appeal. The appeal shall be heard at a scheduled meeting of the city council parks committee following receipt of the appeal notice. (Ord. 1068 § 1, 2007)
12.34.060 Removal of trees, plants and shrubs.
The director may authorize removal or may remove trees, plants and shrubs situated in planting strips whenever:
A. The tree, plant or shrub is actually defective or dangerous, or an obstruction to public travel, or is otherwise in violation of OMC 12.34.070; or
B. Trees are damaging or potentially damaging public improvements. Removal is necessary because of the installation of, or potential or actual damage to, a sidewalk, parkway, curb, gutter, pavement, sewer line, underground utility, or other municipal improvement. Such removal will not be authorized automatically; consideration shall first be given to construction modifications for the preservation of any trees; or
C. Infection or infestation as provided in OMC 12.34.080 necessitates removal. (Ord. 1068 § 1, 2007)
12.34.070 Dangerous and obstructive trees.
A. Dangerous Tree.
1. Definition. A “dangerous tree” is any tree or tree part which poses a high risk of damage to persons or property.
2. Determination. The director will make the determination of a dangerous or obstructive tree.
The director may consult an arborist if additional expertise is needed to determine whether a tree is dangerous.
3. Maintenance Responsibility. The public works department will remove the dangerous tree if the tree is located on public property or right-of-way. The public works department may act to remove the tree if the tree is outside of the city’s right-of-way but poses a hazard to public property or areas as provided in subsection (B)(3) of this section. The abutting property owner and/or occupant is responsible for removing the dangerous or obstructive tree if the tree is outside of the city’s right-of-way or property and poses a threat only to the owner’s and/or occupant’s private property. The abutting property owner and/or occupant is responsible for removing any dangerous or obstructive tree not located within a right-of-way.
B. Obstructive Tree.
1. Definition. An “obstructive tree” is any tree or shrub which impedes vehicle or pedestrian traffic or obstructs the vision of vehicle drivers or pedestrians.
2. Determination. The director will make the determination of an obstructive tree or vegetation.
3. Maintenance Responsibility. The public works department is responsible for removal of the obstruction if located on the city property or right-of-way. If the obstruction is not located on the city property or right-of-way, the public works department will notify the abutting property owner and/or occupant through the abatement process to have the obstruction removed. In the event the obstruction poses an imminent threat to public safety, the public works department, in its discretion, may remove the obstruction. (Ord. 1068 § 1, 2007)
12.34.080 Treatment and removal of infected or infested trees.
The following rules shall govern the treatment or removal of infected or infested trees:
A. Within City Ownership or Right-of-Way. If any tree, plant or shrub in the right-of-way or on city property is infected or infested with disease or pests detrimental to the growth, health or life of such trees, the public works department may remove or control such infection or infestation, but if the infection or infestation cannot be controlled or removed, then such tree, plant or shrub may be removed and destroyed if the director finds that such disposition is in the public interest.
B. On Any Right-of-Way Not Included in the City Maintenance Responsibility List. It shall be the responsibility of the abutting property owner or occupant having trees, plants or shrubs, grass or other vegetation growing on abutting rights-of-way not on the city maintenance responsibility list to treat or remove any tree or plant so diseased or insect-infested as to be a hazard to other trees and plants. The director shall have authority to require the abutting property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or diseases that would cause serious injury to trees and other plant material within the city.
The director shall notify the abutting property owner and/or occupant in writing, describing the conditions and stating the control necessary for correction, and establishing a reasonable time within which the required steps should be taken or an appeal filed before the city council parks committee. The director shall consult with an arborist prior to issuing such notice.
In the event that the property owner questions the necessity of such action, the director may refer the owner to a qualified plant specialist (including the county WSU Ag Extension officer, master gardeners, or other qualified professional) for confirmation of his judgment. In such cases, the owner will be provided reasonable time to continue their appeal and provide the director with a treatment plan or determination that the condition has been effectively treated.
In the event that effective steps are not taken within the time specified, the city may enter the property in question to spray, trim, prune, treat or remove all or any part of the tree, plant or shrub determined to be infested or infected and the costs thereof shall be assessed to the owner. Such actions shall be conducted in conformance with the city’s nuisance abatement ordinance, Chapter 8.30 OMC. (Ord. 1068 § 1, 2007)
12.34.090 Destroying, defacing, or injuring any street tree.
It is unlawful for any person to destroy, injure or deface, by any means, any street tree, including, but not limited to, the following:
A. Pouring any chemical material on any street tree or on the ground near any tree that has the effect of damaging, injuring, killing or otherwise being a hazard to such tree;
B. Attaching any sign, poster, notice or other object on any street tree, or fastening any guy wire, cable, rope, nails, screws or other device to any street tree except as used to support a young or broken tree; except that the city may authorize installation of holiday lighting on street trees with council approval;
C. Causing or encouraging any fire or burning near or around any tree;
D. Harming a tree by cutting the bark or branches with a knife, hatchet or other similar object.
Violation of any portion of this section shall be designated as a civil infraction pursuant to Chapter 1.12 OMC and shall be assessed a monetary penalty based on the costs to remedy the infraction; provided, that such penalty shall not exceed $500.00 per violation. (Ord. 1068 § 1, 2007)
12.34.100 Protection of trees.
A. All street trees near any excavation or construction of any building, structure or street work shall be sufficiently guarded and protected by those responsible for such work as to minimize potential injury to such trees and to maximize their survival.
B. Stakes or guards may be placed alongside or around any street tree; provided, that such supports are placed as near as practical to the tree for which support is intended, and do not restrict access to or from the street or create any hazard to the public.
C. Decorative tree guards placed alongside or around any street tree shall be constructed of durable materials and shall be compatible with existing tree guards within the area of placement. (Ord. 1068 § 1, 2007)
12.34.110 Interference with city personnel.
No person shall prevent, delay or interfere with the director, or any of his representatives, in the execution or enforcement of the provisions of this chapter. (Ord. 1068 § 1, 2007)
12.34.120 Cooperation between city departments and agencies.
Policies shall be developed to ensure close cooperation between the director and other city departments and public utilities relating to routing of permit applications and the enforcement of the provisions of this chapter. Franchises shall be required for any non-city utility installations in proximity to street trees. (Ord. 1068 § 1, 2007)
12.34.130 Nonliability of city.
Nothing in this chapter shall be deemed to impose any liability upon the city nor upon any of its officers or employees nor to relieve the owner or occupant of any private property from the duty to keep trees and other vegetation upon private property or property under his control in a safe condition. (Ord. 1068 § 1, 2007)
12.34.140 Enforcement.
One or more of the following may enforce this chapter:
A. Stop Work Orders. In the case of a violation of any provisions of this chapter, a failure to comply with the terms of a permit, or in the case of removal of trees in violation of this chapter, the director may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the director.
B. Injunctive Enforcement. Any violation of the provisions of this chapter is declared to be a public nuisance and may be abated through proceedings for injunctive or similar relief in superior court or other court of competent jurisdiction.
C. Violation – Civil Remedies and Penalty.
1. Any person who removes a tree in violation of the terms of a tree removal permit or in violation of this chapter shall be required to plant replacement trees.
2. The director shall determine standards for establishing reasonable replacement trees, based on comparable caliper of trees unlawfully removed.
3. The director shall issue an order to the property owner requiring planting of replacement trees and setting reasonable time limits for compliance.
4. Any person aggrieved by a final order of the director with respect to replacing trees shall have 20 days to appeal to the city council parks committee.
5. In addition to any other sanction or remedial injunctive procedure which may be available at law or equity, any person failing to comply with the final order issued by the director may be subject to a civil penalty in an amount not to exceed $500.00. Such civil penalty shall be collected by civil action brought in the name of the city (Chapter 1.12 OMC). (Ord. 1068 § 1, 2007)
12.34.150 Severability.
Should any part or provision of this chapter be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the chapter as a whole, or any part thereof other than the part declared to be invalid. (Ord. 1068 § 1, 2007)