[HISTORY: Adopted by the City Council of
the City of Roseville 4-12-2022 by Ord. No. 1324.[1] Amendments noted where applicable.]
A.
The City Manager or designee shall have authority over all trees
growing on public lands under City jurisdiction. The City Manager
shall assign the responsibility to the Director of Public Services
and Public Services Department to implement and carry out a plan and
program for the care, preservation, trimming, pruning, planting, removing,
or similar practice for these public trees.
B.
Persons aggrieved by a ruling, regulation, charge or other public-tree-related
practice by the Director of Public Services or Public Services Department
employees shall have direct access and appeal rights to the City Manager
or designee. The City Manager or designee may confirm, reinforce,
modify or repeal any such ruling, directive or charge.
A.
It shall be unlawful for any person to prevent, delay or interfere
with, or to cause, authorize or procure any interference with, the
Director of Public Services or in any forestry operations or in removing
any device attached to any tree, plant or shrub. It shall also be
unlawful for any person to procure any interference with the Director
of Public Services or any employees or agents while they are engaged
in the execution of enforcement of the provisions of this chapter.
B.
Nothing herein shall be construed as an attempt to prohibit a public
hearing or the permitting of any remedy, legal or equitable, in any
court of competent jurisdiction for the protection of property rights
by the owner of any property within the City.
The species set forth in this section shall constitute the official
street tree species for the City of Roseville. Species other than
those included in this section may not be planted as street trees
without written permission of the Director of Public Services. The
minimum diameter for each tree planted shall be two inches in diameter
at one foot above ground with a minimum height of eight feet. All
plantings will be protected with tree guards. Contact the DPS Director
for a current list of acceptable trees.
A.
Large trees (50 feet or more):
(1)
Autumn Blaze Freeman Maple (Acer x freemanii/Jeffersred).
(2)
Green Mountain Sugar Maple (Acer saccharum).
(3)
Hearty Hybrid Elm (Ulmus carpinifolia x pumila).
(4)
Littleleaf Linden (Tilia cordata).
(5)
October Glory Maple (Acer rubrum).
(6)
Sweetgum (Liquidambar styraciflua).
(7)
Skymaster English Oak (Quercus robur "Pyramich").
(8)
Armstrong Red Maple (Acer rubrum).
C.
Small trees (15 to 30 feet):
A.
It shall be unlawful for any person to plant, have, or keep a cottonwood,
boxelder, silver maple, ash, horse chestnut, tree of heaven, locust,
sycamore, elm (except hybrid), birch, catalpa, mulberry, willow, black
walnut, oak (red, white or burr), any fruit-bearing tree (apple, pear,
etc.) or evergreens within any public right-of-way within the City
limits. However, existing trees shall be allowed unless the Director
of Public Services determines removal is appropriate.
B.
No person, except the City, shall plant a tree or shrub in any public
highway or public place without first procuring permission from the
Public Services Director. Should a property owner plant a prohibited
species in a public right-of-way, they will receive written notice
that the tree is not in compliance with City Code and therefore should
be moved to an acceptable location and the right-of-way restored.
The time frame for completion will be determined by the DPS Director.
If the tree is not removed, the City will do so and the property owner
will be responsible for any/all related costs.
A.
The spacing of street trees will be in accordance with the three species size classes listed in § 324-3, and no trees may be planted closer together than the following, except as approved in writing by the Director of Public Services:
B.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 324-3, and no trees may be planted closer to any curb or sidewalk than the following:
(1)
Small trees: two feet.
(2)
Medium trees: three feet.
(3)
Large trees: four feet.
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Vertical Clearances: Tree Canopy Above Surfaces from Clearance
to Standard Clearance
| ||
|---|---|---|
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Surface
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Tree Projection
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Distance
|
|
Sidewalk
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Any horizontal projection over surface
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8 feet
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Roadway
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Tree limbs (other infrastructure requires more clearance)
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14 feet
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Bicycle Path
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Any horizontal projection over named surface
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10 feet
|
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Lateral Clearances: Tree Planting Adjacent to Other Infrastructure
| ||
|---|---|---|
|
From Clearance
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To
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Standard
|
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From Tree Center line
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Face of curb (dependent on species and grow space)
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Minimum 2 feet
|
|
Sidewalk or walkway (dependent on species and grow space)
|
Minimum 2 feet
| |
|
Driveway (measured from the edge of driveway at the sidewalk)
|
Minimum 7.5 feet
| |
|
Edge of streetlight poles
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20 feet
| |
|
Edge of fire hydrants
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8 feet
| |
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Edge of utility poles
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10 feet
| |
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Any street corner as measured from the point of intersecting
curblines
|
25 feet
| |
The City shall have the right to plant, prune, maintain and
remove street trees, park trees, plants and other vegetation within
the lines of all streets, alleys, avenues, lanes, squares, rights-of-way
and public grounds as may be necessary to ensure public safety or
to preserve and enhance the symmetry and beauty of such public grounds.
The Public Service Department may remove or cause or order to be removed
any tree or part thereof which is in an unsafe condition or which
by reason of its nature is injurious to public utilities or other
public improvements, or is affected with any injurious fungus, insect
or other pest. This section shall not prohibit the planting of street
trees by adjacent property owners, provided that the selection and
location of said trees is in accordance with the provisions of this
chapter.
No person shall plant, remove, prune, cut, molest, break, deface,
destroy, spray, repair or do surgery work upon any tree or part thereof
or in any manner interfere with, disturb or injure any tree that is
now or may hereafter be growing upon any public property within the
City; nor shall any chemical, either solid or fluid, seep, drain or
be emptied on or about any tree that is now or may be planted upon
any public highway with the City, without first obtaining a written
permit from the City.
No person shall be permitted to hitch any animal to any tree
nor fasten to, for the purpose of anchorage, any wire, rope, chain
or cable; nor shall any person nail, tie or in any other manner fasten
any cards, signs, posters, boards or any other article to any tree
that is now or may hereafter be growing upon any public property within
the City.
A.
Every owner of any tree overhanging any street right-of-way within
the City shall prune the branches so that such branches shall not
obstruct the light from any streetlamp or obstruct the view of any
street intersection and so that there shall be a clear space of 14
feet above the surface of the street and eight feet above the surface
of the sidewalk. Said owners shall remove all dead, diseased or dangerous
trees or broken or decayed limbs that constitute a menace to the safety
of the public.
B.
The City shall have the right to prune any tree or shrub on private
property when it interferes with the proper spread of light along
the street from a streetlight or interferes with the visibility of
any traffic control device or sign or presents an obstruction to a
public thoroughfare, including but not limited to sidewalks, streets
or alleys.
A.
The City shall have the right to cause the removal of any dead or
diseased tree or parts thereof on private property within the City
when such trees or parts thereof constitute a hazard to life and property
or harbor insects or disease that constitute a potential threat to
other trees and/or private property within the City.
B.
The City Code Enforcement Officer shall have authority to abate any
condition declared to be a public nuisance on public or private property
in accordance with the following procedures:
(1)
The City Code Enforcement Officer shall first take such legal action
as may be necessary to enter onto any lot or premises within the City
of Roseville for the purpose of examining trees, plants and shrubs
for the existence of an alleged public nuisance. In the case of suspected
infestation, a designated forestry official may remove such specimens
or samples as may be necessary or desirable for diagnosis.
(2)
If a resident is concerned that a tree on private property is infested
or dangerous, they must obtain a written report from a certified arborist
with a tree risk assessment qualification, at the expense of the complainant.
Once said letter is received and concerns are substantiated, a Code
Enforcement Officer shall then give written notice to the person responsible
for the maintenance of said public nuisance, specifying in particular
the nature of the public nuisance, the corrective action to be taken
to abate the public nuisance, and the time limit for the abatement
of the public nuisance, which shall be a reasonable time, but not
to exceed 30 days from the time the notice is served unless otherwise
approved. The notice shall be served in accordance of the City Code.
(3)
If, at the expiration of the time limit in the notice, the person
responsible for the public nuisance has not complied with the requirements
of the notice, the Code Enforcement Officer shall carry out the requirements
of the notice, take other action as permitted by this Code or state
law, or otherwise abate the public nuisance.
C.
Nuisance abatement costs on private property.
(1)
The owner of the property shall be liable for all costs incurred
by the City in connection with the abatement of a public nuisance
on private property, whether the City performs the work, a City contractor
or vendor performs the work, or the person or persons with ownership
of the property perform the work or otherwise bring the property into
compliance with the applicable provisions of City Code.
(2)
All of the costs of enforcement activities provided for in this chapter
and incurred by the City shall be billed to the owner of the property,
or other clearly responsible party, and shall be paid within 30 days
of mailing. All costs of such abatement-related and enforcement activities
shall be a personal debt owed to the City by the person billed for
the public nuisance and, if unpaid, may be assessed as a lien on the
property.
Any person who shall violate any provision of this chapter or any lawful order issued in pursuance of the provisions hereof shall be punished as provided in Chapter 1, General Provisions, Article I. Imposition of any penalty for a violation of this chapter shall not be construed as a waiver of the right of the City to collect the costs of removal of such trees or plants or parts thereof, repair damages and/or replace such trees or plants in accordance with the provisions of this chapter.
