The ordinance codified in this chapter shall be known and cited as the “Street Tree Ordinance of the City of South San Francisco.”
(Ord. 815 § 1, 1980)
For the purpose of this chapter, the following terms, words, phrases, and their derivations shall have the meaning given in this section:
“City”
is the city of South San Francisco.
“Director”
is the director of the parks and recreation department of the city of South San Francisco, or his or her representative.
“Owner of the property”
is a person, as defined in this section, who owns a fee simple interest or surface easement in the property on which a street tree is planted.
“Parkway strip”
is an area designated or existing in the public area between the curb and edge of sidewalk on a city street, which abuts an owner’s property.
“Person”
is any person, firm, partnership, association, corporation, company, or organization of any kind.
“Preservation”
means acts to promote the life, growth, health, or beauty of trees, shrubs, or plants, including, but not limited to, pruning, trimming, topping, root pruning, spraying, mulching, fertilizing, cultivating, supporting, and treating for disease or injury.
“Public area”
is the city right-of-way between the curb or edge of pavement and the property line along a city street.
“Shall”
is mandatory, and the word “may” is permissive.
“Street trees”
are trees in a public area along a city street.
(Ord. 815 § 2, 1980; Ord. 967 § 7, 1984; Ord. 1513 § 1, 2016)
The director shall have authority to administer the provisions of this chapter regarding trees planted or growing in public areas within the city.
(Ord. 815 § 3, 1980; Ord. 1513 § 1, 2016)
It shall be the city’s policy to utilize applicable techniques, methods, and procedures required to preserve, when feasible, all trees on city property including, but not limited to, trees which are creating damage to surface improvements or underground facilities or which are diseased, or located where construction is being considered or will occur.
(Ord. 815 § 4(a), 1980; Ord. 1513 § 1, 2016)
The director is authorized to determine feasibility of preserving all trees on public property or removal therefrom and upon so determining to undertake the preservation or removal.
(Ord. 815 §4(b), 1980; Ord. 1513 § 1, 2016)
A property owner and/or the occupant thereof shall be responsible for the normal care, including watering, of trees, shrubs, and plants in the parkway strip abutting the property and upon any public tree easement across or through the property.
(Ord. 815 § 4(c), 1980)
Street trees may be removed by the director, if the street tree is damaged or destroyed, to protect other trees, shrubs or plants from damage or injurious infection, or in the interest of public safety.
(Ord. 815 § 5(b), 1980; Ord. 1513 § 1, 2016)
(a) 
No person shall plant any tree, shrub or plant in any public property of the city or public tree easement without written permission of the director.
(b) 
Any tree, shrub or plant, planted within any parkway or public tree easement without a written permit of the director, may be removed by the director. The director shall notify the abutting property owner in writing, listing the unauthorized planted trees, shrubs or plants, ordering removal, and establishing a reasonable time of not less than fourteen days within which removal shall be accomplished, and informing the owner that upon failure to so comply therewith, the city will remove same or cause same to be removed at the owner’s cost and expense, as provided in this chapter. In the event the removal is not accomplished within the specified time, which may be reasonably extended by the director, the director may remove the trees, shrubs or plants at the property owner’s cost and expense, which shall include but not be limited to cost of labor, equipment, materials and actual overhead expense. Upon determining the costs to be assessed, the director shall, by written notice, inform the property owner of the cost, detailing the items of labor, equipment, materials and overhead and cost thereof and advise the owner that unless payment is made to the city within thirty days, same shall be collected as a debt in an appropriate civil action or assessed as a lien against the owner’s property as provided in this chapter.
(Ord. 815 §5(c), 1980; Ord. 967 § 7, 1984; Ord. 1513 § 1, 2016)
(a) 
If any proposed work of construction, improvement, demolition or any other work on or adjacent to public property requires removal of a tree planted on the property, the person undertaking the work and the contractor shall apply to the director for a permit to remove the tree. The director may issue such a permit on condition that the applicant at his or her cost and expense replaces the tree with one of the same size and species in a location designated by the director. The director may authorize an alternate size and species. Applicant shall secure the performance of this condition by a deposit with the director sufficient to pay the cost thereof, which shall be returned to the applicant upon approved completion of the replacement. If a person performs work of construction, improvement, demolition or any other work adjacent to public property and in so doing removes without a permit a tree planted on the property, the person undertaking such work and the contractor shall replace the tree at a site designated by the director with one of the same size and species. The director may authorize an alternate size or species. The replacement of the tree shall not bar any additional remedies or penalties provided for in this chapter.
(b) 
No person shall excavate any ditches, tunnels or trenches or install pavement within a radius of four feet from any street tree without written permission of the director. A person performing any work of excavation or construction on any street or publicly owned property shall guard and protect the tree so as to prevent injury thereof. If such person damages or injures the tree, the director shall charge said person the cost thereof or require replacement with the same size and species at a site designated by the director at said person’s cost and expense.
(Ord. 815 § 5(e), 1980; Ord. 1513 § 1, 2016)
It shall be the policy of the city to maintain the beauty of its parkways. The director is authorized to establish programs to maintain the city’s parkways.
(Ord. 815 § 6(a), 1980; Ord. 1513 § 1, 2016)
(a) 
The director shall develop a comprehensive plan of street trees for all streets of the city where planting areas are available and provided for trees. The plan may be revised from time to time and shall be reviewed each year.
(b) 
In accordance with the plan, the director shall proceed each year to plant trees or replace trees to the extent of such funds as may be allocated by the city council for that purpose.
(c) 
Where the condition of a tree, or the unfitness of a tree, or the condition of other public improvements adjacent to a tree make replacement necessary or desirable, the director is authorized to remove such tree and replace it with one in accordance with the street tree master plan.
(d) 
In accordance with the plan, the director shall establish and implement a five-year schedule for regular pruning of street trees maintained by the city, staff resources, and a budget for permitting.
(Ord. 815 § 7, 1980; Ord. 1513 § 1, 2016)
The director shall maintain a list of trees which have caused damage to adjacent sidewalks, interfered with drainage flows and gutters, or interfered with traffic in adjacent streets. The director shall confer with the director of public works regarding the necessary remedial work and request for funds from the city council for the repair or replacement of the damaged sidewalks or other public properties.
(Ord. 815 § 8, 1980; Ord. 967 § 7, 1984; Ord. 1513 § 1, 2016)
No person shall:
(a) 
Damage, cut, carve, or injure the bark of any street tree;
(b) 
Attach any sign, wire or injurious material to any street tree;
(c) 
Cause or permit any wire charged with electricity to come in contact with any street tree;
(d) 
Allow any gaseous, liquid, or solid substance harmful to trees to come in contact with the roots, leaves, bark, or any part of any street trees; or
(e) 
Allow ivy or any other vines to cling or to climb up any part of any street tree.
(Ord. 815 § 9, 1980; Ord. 1513 § 1, 2016)
The following are declared to be public nuisances:
(a) 
A dead, diseased, infested or dying tree on private property so near to any street tree as to constitute a danger to street trees, or streets, or portions, thereof;
(b) 
Any tree or shrub on any private property or any shrubs in a parkway strip of a type of species which damages, destroys or otherwise interferes with any street improvements, sidewalks, curbs, street trees, gutters, sewers, or other public improvements including mains or service, or threatens to so damage, destroy or impair same;
(c) 
Vines or climbing plants growing into or over any street trees or any public hydrant, pole, or electrolier;
(d) 
Existence of any tree on private property within the city limits which is infested, infected, or in danger of becoming infested or infected with injurious insects, scales, fungus, or growth;
(e) 
The existence of any branches or foliage on private property which interferes with visibility on, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel;
(f) 
Hedges or dense thorny shrubs and plants on any street or parkway strip or part thereof;
(g) 
Shrubs and plants more than twelve inches in height in any parkway strip, measured above top of curb grade;
(h) 
The construction or maintenance of any type of wall or fence around or within any city right-of-way or portion thereof, unless an encroachment permit has been issued therefor by the director;
(i) 
The placing or maintenance within any city right-of-way or portion thereof, of any solid landscaping, decorative materials, or plantings, including, but not limited to, large rocks, driftwood or planters made of tile or concrete pipe sections, which protrude more than twelve inches above the level of the curb and sidewalk and which are continuous with the length of a parkway strip, or otherwise tend to block the free movement of pedestrians across the width of a parkway strip;
(j) 
The placing or maintenance of any type of ground cover or plant materials within two feet of the base of any tree in a parkway strip or other place along which the city has a tree planting easement;
(k) 
Concrete, asphalt, tar paper or plastic membranes or other types of impervious materials placed in a parkway strip or tree easement in such close proximity to a street tree as to impede the movement of soil, air and water which are necessary to sustain growth and development of the street tree;
(l) 
Removal from or planting, trimming or pruning a street tree on any public area along a city street without a written permit from the director;
(m) 
Planting a tree, shrub or plant in or on public property or a public street tree easement without a writ-ten permit from the director;
(n) 
Excavating any ditches, tunnels or trenches or installation of pavement within a four-foot radius of any street tree without a written permit from the director;
(o) 
Failure, neglect or refusal to guard and protect a street tree while performing any work of excavation or construction on any street or publicly owned property;
(p) 
Failure, neglect or refusal of any owner or occupant of property abutting a parkway to maintain that portion of the parkway adjacent to the property, including, but not limited to, periodic and regular watering and weed control;
(q) 
Paving or covering all or part of a parkway strip without a written permit from the director;
(r) 
Abusing or mutilating street trees as set forth in Section 13.28.160;
(s) 
Failure, neglect or refusal by a property owner to repair a sidewalk adjacent to the owner’s property, which was damaged by a tree on the owner’s property.
(Ord. 815 § 10, 1980; Ord. 1513 § 1, 2016)
(a) 
Upon discovery of a public nuisance as defined in Section 13.28.170, the director shall notify the owner of the property or any other person responsible for the nuisance that the nuisance shall be abated by the city at such person’s expense unless they appear at the stated time and place to show cause why there should be no abatement.
(b) 
The notice to appear shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
YOU ARE HEREBY NOTIFIED as the owner, agent, lessee or other person occupying or having control of the premises at (address), that the director of Parks and Recreation has determined pursuant to Subsection _________ of Section 13.28.170 of the South San Francisco Municipal Code that there exists upon the above-referenced premises a public nuisance, specifically (description of condition constituting nuisance). A copy of Section 13.28.170 is attached.
You are hereby required to abate this condition to the satisfaction of the director of Parks and Recreation within _________ days of the date of this notice or to appear at the office of the city Engineer at 400 Grand Avenue, South San Francisco, CA. at __________M. to show cause, if any exists, why the condition should not be abated by the city, and the expenses thereof charged to you as a personal obligation and/or made a lien upon the property.
Abatement is to be accomplished in the following manner: (description of what needs to be done to remedy situation).
Director of Parks and Recreation
By: ________________________
(c) 
The director shall post at least one copy of the notice in a conspicuous place on the property in question. In addition, one copy of the notice shall be sent by certified mail to the owner of the property and to any other persons responsible for the nuisance. The posting and mailing shall be completed at least ten days prior to the date scheduled for a hearing.
(d) 
After giving notice as required in subsection (c), the director shall file a copy of the notice, together with an affidavit or certificate stating the time and manner in which such notice was given, in the office of the city clerk. The failure of the owner or any other responsible party to receive such notice shall not affect in any manner the validity of any proceedings pursuant to this section.
(e) 
At the time and place designated in the notice, the assistant city manager, or designee, shall hear any relevant evidence offered by the owner or other responsible person and may affirm, revoke or modify the director’s decision to abate.
(f) 
If the director’s decision to abate is affirmed, the owner or other responsible person may file a writ-ten appeal to the city manager within ten days of the decision. An appeal hearing shall be scheduled within ten days of receipt of the appeal. After the appeal hearing, the city manager may affirm, revoke or modify the decision of assistant city manager. The decision of the city manager shall be final.
(g) 
The owner or responsible person shall be responsible for all costs incurred by the city in abating the nuisance. In addition, any such costs may be imposed as a lien upon the property. Costs shall be collected in the manner provided for in Sections 8.264.100 and 8.264.110 of this code.
(h) 
At any time prior to abatement by the city, the owner or responsible person may abate the nuisance at their own cost provided that the abatement is accepted as satisfactory by the director.
(Ord. 815 § 12(h), 1980; Ord. 967 § 7, 1984; Ord. 1033 § 6, 1988; Ord. 1513 § 1, 2016)
Any person violating any provision of this chapter shall be guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the limits set forth in Section 36900 of the Government Code.
(Ord. 815 § 13, 1980; Ord. 1033 § 6, 1988; Ord. 1513 § 1, 2016)