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.
(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)
No person shall interfere with or cause or permit any person
to interfere with city employees, agents, contractors or representatives
who are engaged in the planting, preserving, maintaining, treating
or removing of any tree or plant or related work in the city.
(Ord. 815 § 4(d), 1980; Ord. 1513 § 1, 2016)
No person shall plant, trim, prune, or remove any street tree
in any public area along a city street, without a permit from the
director.
(Ord. 815 § 5(a), 1980; Ord. 967 § 7, 1984; Ord. 1513 § 1, 2016)
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)
The owner or occupant of property abutting a parkway shall be
responsible for the maintenance of such parkway, including, but not
limited to, periodic and regular watering and weed control.
(Ord. 815 § 6(b), 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)
Street trees maintained by the city in parkway strips which
constitute a public nuisance shall be removed or trimmed as determined
by the director at city expense unless otherwise provided in this
chapter.
(Ord. 815 § 11, 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
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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.
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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.
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Abatement is to be accomplished in the following manner: (description
of what needs to be done to remedy situation).
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Director of Parks and Recreation
By: ________________________
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(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)