The intent of this chapter is to:
(a) 
Ensure the preservation of the city's urban forest;
(b) 
Regulate the maintenance, removal and planting of trees, shrubbery and plantings within the public rights-of-way.
(c) 
Regulate the installation and maintenance of any structure, fencing, trees, shrubbery, planting or growth interfering with the safety and welfare of persons utilizing the public rights-of-way.
(d) 
Encourage the protection of trees to provide shade, beauty, wind protection, air filtration, mitigation of noise, soil protection, habitat for birds and small animals, screening between buildings, camouflage of blighted areas and enhancement of property values.
(e) 
Encourage and maintain the healthy growth of trees to make the city more attractive to visitors and potential new residents.
(Ord. 2374-91 § 2)
Whenever new development occurs, a minimum of one tree per lot shall be installed. In existing developments, if it is determined to be feasible, city trees shall be installed. The number of trees and types of trees to be installed, their location and the method of installation shall be in accordance with standards approved by the city council.
(Ord. 2374-91 § 2)
"City tree"
means any woody plant which is growing within the public right-of-way along a city street and has a trunk four inches or more in diameter at four and one-half feet above normal ground level.
"Official city tree"
means a species of tree designated by the superintendent and on the official tree list.
"Official tree list"
means a list of species of trees designated as official city trees by the superintendent.
"Owner of the property"
means the record owner or contract purchaser of any parcel of land fronting on any city street.
"Parkway strip"
means the public area between the curbing and the sidewalk.
"Superintendent"
means the superintendent of trees and landscaping, or any person designated by the superintendent to perform the duties set forth in this chapter.
"Tree easement"
means the public area either between the curb and sidewalk (parkway strip), or between a monolithically constructed sidewalk and the property line along a city street right-of-way.
"Unofficial city tree"
means a tree planted or growing within the public right-of-way which is not on the official tree list, or has not been approved by the superintendent.
(Ord. 2374-91 § 2)
(a) 
The superintendent shall maintain and periodically review the official tree list, and may add to, delete from or otherwise modify the list. The official tree list shall be on file for public inspection at the office of the department of public works.
(b) 
No tree shall be planted in the public right-of-way or overhang any city street unless the tree is on the official tree list, unless a written permit from the superintendent has been obtained to plant a tree not on the list.
(Ord. 2374-91 § 2)
The superintendent or designated representative shall have the authority to regulate the maintenance, planting and removal of trees on streets and property within the public rights-of-way, and on other property under the ownership and control of the city (with the exception of parks and golf courses), to ensure safety or preserve aesthetics.
(Ord. 2374-91 § 2)
(a) 
Planting. It is unlawful for any person to plant or set out any tree within the public right-of-way without first procuring a permit from the superintendent.
(b) 
Maintenance and Removal. It is unlawful for any person to trim, prune, spray, fertilize, remove, cut above ground, or otherwise disturb any city tree without first procuring a permit from the superintendent. The permit shall be issued when the superintendent determines that the required work is necessary and that the proposed method is in accordance with generally accepted arboricultural specifications and standards of practice.
(c) 
Construction. It is unlawful for any person to make any excavation, place any fill, compact the soil, or construct any structure, walkway, driveway, pavement or public utility within fifteen feet of any city tree without first obtaining a permit for such work from the superintendent and conducting such work in accordance with such permit. As a condition of issuing such permit, the superintendent shall require that the work be done in accordance with such generally accepted arboricultural specifications and standards of practice necessary to protect the vitality of the tree.
(d) 
Permits.
(1) 
Applications for permits must be made at least forty-eight hours in advance of the time the work is to be started.
(2) 
The application shall contain, but shall not be limited to, the following:
(A) 
The number of trees to be planted or set out, the location, grade, size, quality, species, cultivar or variety of each tree, the method of planting, and such other information as the superintendent may require;
(B) 
The number and kinds of trees to be sprayed, fertilized, trimmed/pruned, removed, relocated or otherwise preserved, the kind of treatment to be administered, the composition of the spray or fertilizer material to be applied, and such other information as the superintendent may require;
(C) 
The written agreement of each applicant for a permit that the applicant will comply with the requirements, regulations and standards of this chapter;
(D) 
The time schedule for the proposed work; and
(E) 
Such other information as the superintendent deems necessary.
(Ord. 2374-91 § 2)
(a) 
Planting. It is unlawful for any person to plant an unofficial city tree within the public right-of-way along a city street.
(b) 
Maintenance or Removal Permit. Unofficial city trees may be maintained or removed by property owners at their expense only upon obtaining a permit.
(Ord. 2374-91 § 2)
(a) 
Official or unofficial city trees shall be removed immediately by the city in the event such a tree is damaged or destroyed from any cause which in the opinion of the superintendent results in such a tree becoming an immediate threat to the safety of life or property.
(b) 
City trees shall be ordered removed when the superintendent finds such action necessary to prevent a hazard to public safety or to prevent the spread of disease or insects to public trees and places.
(1) 
The property owner who is notified of such order shall have the right within five days from the service of the order to file a written appeal with the director of public works.
(2) 
The director may revoke or modify the order if the director finds that the removal of the tree is not necessary to prevent a hazard to public safety or to prevent the spread of disease or insects to public trees and places.
(3) 
The total cost of the removal of city trees shall be borne by the city. An official city tree shall be planted, when practical, as a replacement in a location approved by the superintendent. The cost of the official city tree replacement shall be borne by the city.
(c) 
Unofficial city trees ordered removed shall be allowed to remain if each of the following conditions is complied with:
(1) 
The property owner obtains a permit to prune the tree above and below ground; the property owner provides the city a signed written statement satisfactory to the city indemnifying and holding harmless the city from any liability or loss from the continued maintenance of the tree.
(2) 
The total cost of removing the unofficial city trees, when it becomes necessary in the future, shall be paid by the property owner or successor in title, which obligation shall be evidenced by a written document satisfactory to the city and recorded in the office of the county recorder.
(d) 
The superintendent shall initiate a tree replacement program in those areas of the city in which city trees are required to be removed.
(Ord. 2374-91 § 2)
Unless specifically authorized by the superintendent, it is unlawful for any person to:
(a) 
Intentionally damage, break, cut, carve, mutilate, kill, injure or destroy any city tree;
(b) 
Transplant or remove any city tree;
(c) 
Attach any rope, wire, nails, advertising posters, sign or other contrivance to any city tree;
(d) 
Allow to come in contact with the roots, leaves, bark or any part of any city tree any gaseous liquid or solid substance harmful to such tree; or
(e) 
Cause or permit any wire charged with electricity to come in contact with any city tree.
(Ord. 2374-91 § 2)
The following are hereby declared public nuisances:
(a) 
Any diseased, infested, dead or dying tree, shrub or other plant on private property so near to any city tree as to constitute a danger to such tree, or to any street or portion thereof.
(b) 
Any tree, shrub or groundcover on any private property or within the tree easement of a type of species apt to destroy, impair or otherwise interfere with any approved city tree, street improvement, sidewalk, curb, gutter, sewer or other public improvement, including any main or service;
(c) 
Any vines, climbing plants, trees or shrubs growing into or over any city trees or any public hydrant, pole or electrolier;
(d) 
The existence of any tree on private property within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scales, fungus or growth injurious to trees;
(e) 
The existence of any branches or foliage on private property which interferes with the visibility on, or free use of, or access to, any portion of any street improved for vehicular, bicycle or pedestrian travel;
(f) 
Any hedges or thorny plants of any kind on any tree easement or part thereof;
(g) 
Any shrubs or plants more than twenty-four inches in height in the tree easement, or portion thereof, measured above top of curb grade;
(h) 
Any tree, shrub or other plant on private property which dangerously obstructs the view in a vision triangle as described in Section 19.34.060 (Vision triangles).
(i) 
The construction or maintenance of any type of wall or fence around or within any tree easement or portion thereof;
(j) 
The placing or maintenance within any tree easement, or portion thereof, of any solid landscaping, decorative materials or plants, including, but not limited to, large rocks, driftwood or planters made of tile or concrete pipe sections, which protrude more than twenty-four inches above the level of curb and sidewalk and which are continuous with the length of the tree easement, or otherwise tend to block the free movement of pedestrians across the width of the parkway strip;
(k) 
The placing or maintenance of any type of ground cover or plant materials within three feet of the base of any tree planted in a tree easement;
(l) 
Any concrete, asphalt, tar paper or plastic membranes or other types of impervious materials placed in the tree easement in such close proximity to a city tree as to impede the movement of soil, air and water which are necessary to sustain tree growth and development.
(Ord. 2374-91 § 2; Ord. 2721-03 § 7, 2003; Ord. 2981-12 § 3)
The amount of the cost of abatement of a public nuisance, and any of the charges required to be paid by a property owner or any other person in this chapter, shall be deemed a debt due and owing to the city. The debt shall be collectible in the same manner as any other civil debt owing to the city. Such civil action shall not be a bar to any criminal action provided for by law.
(Ord. 2374-91 § 2)