Chapter 11.20
TREE AND VEGETATION CODE
Sections:
11.20.030 Enforcing authority.
11.20.040 Maintenance responsibility.
11.20.050 Street tree permits required.
11.20.060 Removal of trees, plants and shrubs.
11.20.070 Hazardous and obstructive trees.
11.20.080 Treatment and removal of infected or infested trees.
11.20.090 Destroying, defacing, or injuring any street tree.
11.20.100 Protection of trees.
11.20.110 Interference with city personnel.
11.20.120 Cooperation between city departments and agencies.
11.20.130 Nonliability of city.
11.20.010 Intent and purpose.
The intent of this chapter is, through the preservation, protection and planting of trees, to:
(a) Aid in the stabilization of soil by the prevention of erosion;
(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. 1425 § 1, 1999).
11.20.020 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 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 tree trimmer" means a person licensed by the city to engage in the business or occupation of trimming, pruning, treating or removing trees.
(e) "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 ten percent of the tree’s foliage bearing area. The work shall retain the natural form of the tree.
(f) "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 ten 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.
(g) "Other vegetation" means trees, bushes, shrubs, grasses, or other plant material on or encroaching upon improved rights-of-way.
(h) "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.
(i) "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.
(j) "Street tree" means any tree, which is located upon property within a city right-of-way in the city of Omak.
(k) "Topping" means the removal of the lead stem of the tree.
(l) "Tree board" is defined in Section 2.84.010 of the Omak Municipal Code.
(m) "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. (Ord. 1425 § 2, 1999).
11.20.030 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 provided by 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. (Ord. 1425 § 3, 1999).
11.20.040 Maintenance responsibility.
(a) By the Public Works Department. The public works department shall maintain all street trees located on planting strips adjacent to the streets listed on the city maintenance responsibility list, which is included as Attachment A at the end of this chapter. The public works department shall not be responsible for maintenance or replacement of trees or other vegetation on streets not on the city maintenance responsibility list.
(b) By the Abutting Property Owner. The abutting property owner and/or occupant shall maintain street trees and other vegetation located on planting strips adjacent to streets not listed in the city maintenance responsibility list. The abutting property owner and/or occupant is also responsible for the maintenance of vegetation other than street trees, which is within the city right-of-way but not on a street on the city maintenance responsibility list. The abutting property owner and/or occupant shall maintain trees and other vegetation on unimproved rights-of-way. The public works department shall enforce compliance with this provision as described in Section 11.20.140 of this chapter. (Ord. 1425 § 4, 1999).
11.20.050 Street tree 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 requirement:
(1) Application Data. The application required herein shall state the kind, size 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 only issue the permit provided for herein when he finds that the desired action or treatment is reasonable or necessary and that the proposed method and workmanship are satisfactory.
(3) Major Pruning. The city may require that major pruning of street trees be performed by a licensed tree trimmer. This determination will be made as a part of the street tree permit process.
(4) Tree Topping of Street Trees. As defined in Section 11.20.020(K), 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. Upon receipt of an application for a permit to plant or set out in excess of ten 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 proposed location of each and every proposed tree together with the location of each existing tree within the proposed street line in scaled relation to the other features of the plan;
(4) The distance between trees in any direction.
(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 Omak 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 permits applicant if deemed necessary;
(C) Determine if licensed trimmer is required;
(D) Approve or disapprove application and notify applicant of decision;
(E) Inspect work after completion.
(e) Expiration. Any permit issued pursuant to this chapter shall expire thirty 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. 1425 § 5, 1999).
11.20.060 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 Section 11.20.070; 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 Section 11.20.070 necessitates removal. (Ord. 1425 § 6, 1999).
11.20.070 Hazardous and obstructive trees.
(a) Hazard Tree.
(1) Definition. A "hazard 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 hazard tree.
(3) Maintenance Responsibility. The public works department will remove the hazard tree if the tree is included on the city maintenance responsibility list. The public works department will be responsible for removing the hazard tree if the tree is outside of the city maintenance responsibility list and poses a hazard to the improved right-of-way. The abutting property owner and/or occupant is responsible for removing the hazard tree if the tree is outside of the city maintenance responsibility list and poses a threat to the owner’s and/or occupant’s private property. The abutting property owner and/or occupant is responsible for removing any hazard tree within an unimproved 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 as defined in Section 11.08.070 of the Omak Municipal Code.
(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 maintenance responsibility list. If the obstruction is not located on the city maintenance responsibility list, 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. 1425 § 7, 1999).
11.20.080 Treatment and removal of infected or infested trees.
The following rules shall govern the treatment or removal of infected or infested trees:
(a) On the City Maintenance Responsibility List. If any tree, plant or shrub in the right-of-way on the city maintenance responsibility list is infected or infested with disease or pest 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 treesand 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. If the property owner questions the necessity of such action, the director may refer to a qualified plant pathologist for confirmation of his judgement and continue the appeal to a reasonable time after the owner has been provided with the report of such expert. 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. (Ord. 1425 § 8, 1999).
11.20.090 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 tie temporary "no parking" signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades; or the city authorizing installation of holiday lighting;
(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. (Ord. 1425 § 9, 1999).
11.20.100 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. (Ord. 1425 § 10, 1999).
11.20.110 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. 1425 § 11, 1999).
11.20.120 Cooperation between city departments and agencies.
Policies shall be developed to insure 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. (Ord. 1425 § 12, 1999).
11.20.130 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. 1425 § 13, 1999).
11.20.140 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) The director shall require a bond to insure compliance with the city’s order guaranteeing replacement and survival of trees for a minimum of two years.
(5) Any person aggrieved by a final order of the director with respect to replacing trees shall have twenty days to appeal to the city council parks committee pursuant to the procedure outlined in Section 11.20.050(F).
(6) 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 shall be subject to a cumulative civil penalty in an amount not to exceed one hundred dollars per day from the date set for compliance until such order is complied with. Such civil penalty shall be collected by civil action brought in the name of the city. The director shall notify the city attorney in writing, providing, the name of any such person subject to such penalty and the amount thereof, and appropriate action shall be taken to collect the same. (Ord. 1425 § 14, 1999).
11.20.150 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. 1425 § 15, 1999).
Attachment A
The city of Omak will be responsible for maintaining the trees and vegetation on the following streets:
Main Street, east and west portions, from West Second to Bartlett Avenue.
(Ord. 1425 Att. A, 1999).