Chapter 12.40
STREET TREES AND SHRUBS
12.40.010 Authority.
12.40.020 Inspection-Infection or infestation.
12.40.030 Obstructing trees.
12.40.040 Removal of obstructing or dead trees.
12.40.050 Street obstruction by trees.
12.40.060 Records.
12.40.070 Tree removal-Permit required.
12.40.080 Permit-Limitations.
12.40.090 Conditional permit.
12.40.100 Conditional permit-Deposit.
12.40.110 Tree stakes or guards.
12.40.120 Injury to trees.
12.40.130 Appeals.
12.40.140 Removal without permit-Penalty.
12.40.150 Removal when permit denied-Penalty.
12.40.160 Penalties-Not exclusive.
12.40.170 Determination of tree valuation.
12.40.180 Definition-Director of public works.
12.40.190 Application fee for conditional permit.
12.40.010 Authority.
A. The director of public works shall have charge of and direct and supervise the planting, removal, trimming, pruning, cutting and maintenance of trees, plants and shrubs in the streets and shall have charge of all work incidental to the above duties, and shall issue all permits for the replacement, removal, planting, cutting, pruning or trimming of trees, shrubs and plants in the streets.
B. The director of public works is authorized to determine the variety of trees, shrubs and plants that may be planted in any street or any portion thereof and the distance apart at which such trees, shrubs and plants shall be planted. The permit issued for the planting of such trees, shrubs and plants shall state the variety of trees, shrubs and plants that shall be planted, the distance apart at which the same shall be planted and the location of each tree, shrub and plant and the size thereof. (Prior code º 26-90)
12.40.020 Inspection-Infection or infestation.
It shall be the duty of the director of public works to cause to be inspected all trees, shrubs and plants in all streets which are open for travel and, upon discovering that any such trees, shrubs or plants are infected or infested with scale, plant or animal life or growth, or any insect detrimental to the growth, health or life of such trees, shrubs or plants, shall remove, eradicate or destroy such condition. If any trees, shrubs or plants in any street are so infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed, the director of public works may cause the removal and destruction of any such trees, shrubs or plants if in the director's judgment it shall seem best. (Prior code º 26-91)
12.40.030 Obstructing trees.
It shall be the duty of the director of public works to cause to be inspected any and all trees, shrubs and plants which are in any street or which, standing on any private property, overhang or project into any such street, to determine whether any of the same or any part thereof appears to be dead, liable to fall, dangerous, or an obstruction to public travel on any such street. (Prior code º 26-92)
12.40.040 Removal of obstructing or dead trees.
In case any tree, shrub or plant in any street or any tree, shrub or plant standing on any private property overhanging or projecting into any such street appears to be dead, liable to fall, dangerous, or an obstruction to public travel on any such street, the director of public works shall cause the same, or such part or parts thereof as are dead, liable to fall, dangerous or an obstruction to such public travel, to be cut down, and if any such street, to be removed therefrom; provided that, except in case of manifest public danger and immediate necessity, no such tree or shrub shall be wholly cut down or removed unless ten days' notice in writing of his or her intention to cause the same to be done shall be given by the director of public works to an owner, occupant or agent of the property nearest such tree or shrub which abuts upon that part of such street in which such tree or shrub is situated, or to an owner, occupant or agent of such private property if such tree or shrub stands thereon. If any owner, occupant or agent of such property shall, within seven days after the giving of such notice, file with the director of public works his or her objection in writing to such removal, such tree or shrub shall not be cut down or removed unless such director shall give such owner or other proper person who has given such notice a reasonable opportunity to be heard in support of such objection and shall thereafter approve in writing the removal of the same if such objection is not sustained. (Prior code º 26-93)
12.40.050 Street obstruction by trees.
The director of public works shall have charge of enforcing and carrying out the regulations prescribed in Sections 10.64.060, 10.64.070 and 12.04.020 of this code. (Prior code º 26-94)
12.40.060 Records.
The director of public works shall prepare and keep records, maps or plans showing the kinds of trees which have been planted from time to time in the streets under the director's supervision. (Prior code º 26-95)
12.40.070 Tree removal-Permit required.
No person shall plant, remove, relocate, destroy, cut, prune or deface or in any manner injure any tree or shrub in any public street or public right-of-way without first obtaining a permit to do so from the director of public works. This provision shall not apply to the public service division or to any telephone or electric utility when trimming trees to comply with Rule 35 Overhead Line Construction, General Order. No. 95, California Public Utilities Commission. (Prior code º 26-96)
12.40.080 Permit-Limitations.
The director of public works shall not issue a permit for removal of a tree or shrub unless the director of public works finds one of the following conditions to be present:
A. The tree or shrub is infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed;
B. The tree or shrub is dead, or is seriously injured or damaged;
C. The removal of the tree or shrub is necessary to provide vehicular ingress or egress to adjoining property;
D. The removal of the tree or shrub is necessary for street opening, widening or improvement;
E. The tree or shrub is of a kind determined by the director to be undesirable in parkways by reason of its habits of growth;
F. The tree or shrub is located in front of property zoned for commercial or industrial uses;
G. There are exceptional circumstances or conditions applicable to the tree involved or to the intended use or development of the property in front of which the tree is located that do not apply generally to other trees or property in the same neighborhood. (Prior code º 26-97)
12.40.090 Conditional permit.
As a condition to any permit to remove or destroy any tree, the director of public works may require that the permittee plant another tree in place of the one to be destroyed or removed. Whenever any such tree has been destroyed or removed pursuant to any such conditional permit, it shall be a misdemeanor for the permittee to fail, refuse or neglect to plant another tree of the type and size specified in the permit in place of the one destroyed or removed, within forty days from the date of the issuance of the permit. (Prior code º 26-98)
12.40.100 Conditional permit-Deposit.
In addition to any other requirement of law, no conditional permit to remove, relocate or destroy a tree shall be valid unless, prior to removing, relocating or destroying such tree, the permittee deposits with the director of public works an amount equal to the value of such tree, and in the event replacement of the tree is required, such additional amount as determined by the director of public works as sufficient to cover the cost of installation and equipment to replace such tree or trees.
Such amounts deposited shall be nonrefundable except as follows:
A. Upon verification by the director of public works that the permittee has satisfactorily complied with the provisions of such conditional permit, the permittee shall be entitled to a return of the entire installation and equipment deposit and additionally for such amounts as the permittee demonstrates were actually incurred for the replacement tree(s), exclusive of accessories or attachments, provided such reimbursement shall not exceed the amount of the deposit.
B. Upon determination by the director of public works that the permittee has failed to comply with the conditional permit, all amounts deposited by such permittee shall be forfeited to the city and may be used for any public purpose for which the city is authorized to expend public money.
C. In the case of a relocation permit, upon determination by the director of public works that the relocated tree or trees have been successfully relocated, and have thrived for a sufficient period of time to insure their continued survival, the permittee shall be entitled to a return of the entire amount so deposited. In the event that the director of public works determines that the tree or trees have not been successfully relocated, or are not thriving, then such deposit shall be forfeited and may be used in accordance with subsection B of this section. The determination by the director of public works as to whether a relocation has been successful, or whether a tree is thriving, shall be final. (Prior code º 26-98.5)
12.40.110 Tree stakes or guards.
Tree stakes or guards may be placed around trees or shrubs by the director of public works or by property owners provided the same are placed near a tree or shrub merely for the purpose of protecting or training such tree or shrub. (Prior code º 26-99)
12.40.120 Injury to trees.
No person shall pile building material or other material about any tree, shrub or plant in a street in any manner that will in any way injure such tree, shrub or plant. (Prior code º 26-100)
12.40.130 Appeals.
Any person aggrieved by any action of the director of public works in determining the variety of trees, shrubs and plants that may be planted in any street, or in ordering or permitting the removal of any tree, shrub or plant, may appeal to the council within the time and in the manner provided in Chapter 2.88. (Prior code º 26-101)
12.40.140 Removal without permit-Penalty.
A. Any person who destroys, removes or damages a tree without having a valid conditional permit to do so shall be liable to the city in an amount equal to the value of the tree and such additional amounts as determined by the director of public works to cover the administrative cost of enforcing this chapter as to such person.
B. In addition to subsection A of this section, upon determination by the director of public works that a replacement tree is necessary and required, an amount shall also be assessed upon such person equal to the estimated cost of installation and equipment necessary to replace such tree. Such cost shall not exceed one hundred percent of the value of such tree, but in no event shall it be less than one hundred dollars. (Prior code º 26-102)
12.40.150 Removal when permit denied-Penalty.
In addition to the liability imposed by Section 12.40.140, any person who destroys, removes or damages a tree after having been previously denied a conditional permit to do so, or who does so with knowledge that such conditional permit is required, shall be liable to the city for a civil penalty in an amount equal to three times the value of such tree. Such civil penalty shall be a debt owed to the city. (Prior code º 26-103)
12.40.160 Penalties-Not exclusive.
The forfeitures, penalties, assessments and remedies provided for in this chapter are in addition to any other remedies provided by law. (Prior code 26-104)
12.40.170 Determination of tree valuation.
Whenever this chapter requires the value of a tree to be determined, the director of public works shall utilize the most recent guide for establishing values of trees published by the International Society of Arboriculture insofar as practical, and if such guide is not practical or applicable, may use any other recognized and established method which the director of public works deems appropriate to establish such tree valuation. (Prior code 26-105)
12.40.180 Definition-Director of public works.
For purposes of this chapter, the term "director of public works" means and includes the head of the city public works division or the director's authorized designee or agent. (Prior code 26-106)
12.40.190 Application fee for conditional permit.
An application for any conditional permit allowed by this chapter shall be accompanied by a nonrefundable application fee of fifty-five dollars. (Prior code 26-107)