It is in the best interest of the city and the public that a
comprehensive plan for the planting and maintenance of street trees,
shrubs, and plants in, or which may overhang, public streets within
the city, should be developed and established. This chapter is adopted
therefore for the purpose of developing and providing for such a plan
and program, and for the purpose of establishing rules and regulations
relating to the planting, care and maintenance of such trees, shrubs,
and plants.
(Ord. 1728 § 1, 1983)
This chapter shall be known and cited as "the street tree
ordinance of the City of Roseville."
(Ord. 1728 § 1, 1983)
For the purpose of this chapter, the following terms, words,
phrases and their derivations shall have the meanings set forth in
this section:
means the parks and recreation director.
means the trees determined by the parks and recreation commission
to be suitable and desirable for planting in the streets in the city.
The master street tree list shall be reviewed annually by the parks
and recreation commission and the director. The master street tree
list shall be kept on file at the city clerk's office of the
city for public information.
means, as to any given area of the city, those trees designated
by the director.
means the person, as defined in this chapter, who is the
legal owner of the real property fronting on any street of the city,
and any lessee of such owner.
includes individual, firm, association, partnership, corporation,
company or organization of any kind, and the lessees, trustees, receivers,
agents, servants and employee of any such person.
includes all public roads, streets, avenues, boulevards,
alleys, parkway and public rights-of-way or any portion thereof in
the city.
means trees growing between a public walkway and the street
curb or, if there is no public walkway, then "street trees"
shall mean trees growing within a city planting easement which is
adjacent to a street.
means all the trees planted or growing in the streets, rights-of-way,
or planting easements of the city which are not official street trees.
(Ord. 1728 § 1, 1983)
The director or his duly authorized representative shall be
charged with the enforcement of this chapter and shall be responsible
for the planting, maintenance, and removal of street trees and shrubs
upon the public streets and places in the city in accordance with
the provisions of this chapter.
(Ord. 1728 § 1, 1983)
It is unlawful and it is prohibited for any person other than
the director or his duly authorized agent or deputy to cut, trim,
prune, spray, brace, plant, move, remove or replace any official street
tree or to cause the same to be done unless a written permit to do
so shall have been first obtained from the director as provided in
this chapter.
(Ord. 1728 § 1, 1983)
It is unlawful for any person to break, injure, deface, cut,
saw, mutilate, kill or destroy any street tree; to cause or permit
any wire charged with electricity to come into contact with any street
tree; and to place, apply, attach or keep attached to any such street
tree or to any guard or stake intended for the protection thereof,
any wire, rope, sign, paint, or other substances, structure, thing
or device of any kind or nature; or to place or maintain any stone,
cement, or other substances so that it shall substantially impede
the free access of water or air to the roots of any street tree, without
having first obtained a written permit from the director.
(Ord. 1728 § 1, 1983)
A.
Any
person desiring a permit to do any act or thing for which a permit
is required under this chapter shall make written application to the
director for such a permit, along with payment of a permit application
fee as established by resolution adopted by the city council, as amended
from time to time. The application shall set forth the act or things
intended to be done, the number, kind, and the location of street
trees to be affected, the proposed manner of doing the act or thing
and such other information as the director may require. The permit
shall be issued when the director finds that the purpose, act or thing
is necessary to provide the life, health, safety, or property of the
public and that the proposed method is satisfactory.
B.
The
action of the director in denying a permit shall be subject to an
appeal to the city council. Notice of such appeal shall be filed with
the city clerk within 10 calendar days after the denial of such permit.
Upon the failure to file such notice within the 10-day period, the
action of the director in denying such permit shall be final and conclusive.
(Ord. 1728 § 1, 1983; Ord. 5800 § 15, 2017)
The director may issue master permits to any person doing business
as a public utility subject to the jurisdiction of the Public Utilities
Commission of the state and to any duly constituted public agency
authorized to provide and actually providing utilities service, permitting
such person to trim, brace, remove, or perform such other acts with
respect to street trees to the extent they encroach as may be necessary
to maintain the safe operation of such business. A permit application
fee shall be collected as established by resolution adopted by the
city council, as amended from time to time.
(Ord. 1728 § 1, 1983; Ord. 5800 § 16, 2017)
The director may remove or cause to be removed any street tree
which in the opinion of the director constitutes a hazard or threat
to life, health, safety, or property of the public or constitutes
a hazard or impediment to the progress or vision of anyone traveling
on such streets.
(Ord. 1728 § 1, 1983)
The director may inspect any tree adjacent to or overhanging
any street in the city to determine whether the same or any portion
thereof is in such a condition as to constitute a threat to the life,
health, safety, or property of the public, or constitute a hazard
or impediment to the progress or vision of anyone traveling on such
streets. Any tree or part thereof growing upon private property but
overhanging or interfering with the use of any street which in the
opinion of the director endangers the life, health, safety or property
of the public shall be declared a public nuisance by the director
and abated.
(Ord. 1728 § 1, 1983)
The following are declared to be public nuisances:
A.
Vines
or climbing plants growing into or over any street trees, or any public
hydrant, pole or electrolier;
B.
The
continuous existence of any tree on private property within the city
limits that is infested or infected with insects, scale, fungus or
growth with constitutes a threat or may be injurious to the trees
in the surrounding area;
C.
Within
the 30-foot triangle on public or private property at the intersection
of any street improved for vehicular traffic any tree, limb, shrub,
or other plant reaching a height of more than two feet above the curb
grade adjacent thereto, except tree trunks having no limbs lower than
eight feet above the curb grade;
D.
Hedges
or thorny plants on any street thereof between the curb and sidewalk;
E.
In any
street between the curb and property line and thorny plant and any
plant or shrub more than 24 inches in height measured from the top
of the curb grade;
F.
Poison
oak, or castor bean plants on any public or private property;
G.
Any
tree or shrub which does interfere with, impair or destroy any street
improvement, sidewalk, curb, gutter, sewer, street trees, or any public
improvement.
(Ord. 1728 § 1, 1983)
The director shall in writing notify the owner of the property
on which such public nuisances exist, describing the nuisance and
stating the work necessary to re-move the same, and if the owner of
such property does not correct or remove such nuisance within 10 days
after receipt of such written notice, the director shall cause the
nuisance to be corrected or removed and the cost shall be assessed
to such owner.
Any property owner receiving such a notice to abate, may, within
10 calendar days, appeal such determination to the city council, whose
decision shall be final. Nothing contained in this chapter shall be
deemed to impose any liability on the city, its officers or employees,
nor to relieve the owner of any private property from the duty to
keep any trees upon his property or under his control in such a condition
as to prevent such trees from constituting a public nuisance.
(Ord. 1728 § 1, 1983)
Subdividers are required to plant trees in new subdivisions
as approved by the planning commission and the director and as required
by the subdivision regulations of the city, Title 18. The species
of such trees shall be in conformance with the master tree list of
the city.
(Ord. 1728 § 1, 1983)
No person shall interfere with or delay the authorized representative
of this city from the execution and enforcement of this chapter except
as provided by law.
(Ord. 1728 § 1, 1983)
The city council may by resolution adopt regulations prescribing
standards of landscaping and planting of streets, parks and public
places therein. A copy of such regulations shall be available for
public inspection upon request, and all work performed in streets,
parks, or public places shall be performed in accordance therewith.
(Ord. 1728 § 1, 1983)
During the erection, repair, alteration or removal of any building,
house or structure, good and sufficient guards shall be placed to
prevent injury, damage, or defacement to any park or street trees
in the vicinity of such operation.
(Ord. 1728 § 1, 1983)
Except as otherwise provided, a violation of any of the provisions of this chapter shall be an infraction, punishable pursuant to Section 1.20.010.
(Ord. 1728 § 1, 1983)
