In the interest of public health, safety, general welfare and aesthetics, the purpose of this chapter is to provide a method for the proper care of trees and shrubs within the city and to define the powers and duties of the director.
(Ord. 788 § 1, 2004)
The director shall direct the kind and variety of landscape material to be planted in any public landscape areas, as per the current approved city of Brentwood standard plans and specifications, engineering procedures manual, urban forest guidelines, or any other city approved specifications. The planting, trimming, and removing of trees and shrubbery upon the streets, public rights-of-way, and public places of the city are vested in the director. It is the duty of the director to administer, control and regulate the street tree program of the city in accordance with the provisions of the urban forest guidelines and this chapter.
(Ord. 788 § 1, 2004)
It is unlawful for any person to trim, cut, mutilate, or injure any street or city-owned tree, or the roots or branches thereof, growing upon any public street, curb, or place in the city or to injure or impair the growth or life of any such tree, roots, or branches without a permit.
(Ord. 788 § 1, 2004)
It is unlawful for any person to install upon any street any telephone pole, electric light pole, or power pole within ten feet of the trunk of any growing tree upon any street in the city without first having obtained permission from the director to erect such pole within such limit of ten feet.
(Ord. 788 § 1, 2004)
No street trees shall hereafter be planted, removed or replaced except in accordance with the urban forest guidelines and the provisions of this chapter.
(Ord. 788 § 1, 2004)
It is unlawful for any person to plant any tree or shrubbery on any street, public right-of-way (curb to curb or from back of sidewalk to back of sidewalk/curb where sidewalk exits only on one side of the street), park, or public place without first obtaining a permit to do so by applying for and receiving an encroachment permit from the engineering department. All work done pursuant to the permit shall be in compliance with all applicable city ordinances, resolutions, standards and specifications. The director may attach conditions to the permit including the requirement to replace any street tree which is removed. Any person aggrieved by the denial of a permit or the conditions attached to it may appeal to the city's designated tree board provided that such appeal is made in writing within five days of action. The appeal shall be heard by the city's designated tree board no later than thirty days after receipt of the appeal, at which time the city's designated tree board may grant or deny the appeal. The action of the city's designated tree board may be appealed to the city council, whose decision shall be conclusive and final.
(Ord. 788 § 1, 2004)
All street tree maintenance shall be the responsibility of the property owner. No permit is required for routine maintenance. Routine maintenance includes minor pruning and trimming, tree feeding, spraying, and watering. If a street tree dies, it is the property owner's responsibility to replace with a tree of the same kind or one that is listed in the urban forest guidelines. All tree maintenance work shall conform to the international society of arboriculture guidelines.
(Ord. 788 § 1, 2004)
Upon a determination by the director that a street tree has become a hazard to pedestrian or vehicular traffic by obstructing vision or impairing necessary clearance, or in any manner endangering the use of any public street, sidewalk, sewer, waterline or other public property so as to constitute a public nuisance, written notice shall be given to the owner of the property upon which the nuisance tree fronts to remove or otherwise control such tree in such manner as will abate the nuisance. The cost of repair or replacement of public facilities is the responsibility of the property owner. Repair or replacement of sidewalks, curb and gutter or parking area shall be done in conformance with Title 22 of the California Streets and Highway Code Maintenance of sidewalks, as amended.
(Ord. 788 § 1, 2004)
It is the duty of every person having charge or control of any lot or premises, either as owner, agent, lessee, tenant, or otherwise, on which trees are growing but which overhang any public street, alley, or place to trim such trees where they overhang the public street, alley, or place so there is a clear space underneath of at least ten feet above a sidewalk and fifteen feet between the lowest limb or foliage of the trees and the public street, alley, or place. A permit is not required for routine maintenance.
If a person fails, neglects, or refuses to trim the tree, the director has the power to cause the tree to be trimmed in accordance with the requirements of this section. The cost of the work will be charged to, and become a valid claim against, the person having charge or control of the lot or premises, either as owner, agent, lessee, tenant, or otherwise, and is recoverable in any court of competent jurisdiction.
(Ord. 788 § 1, 2004; Ord. 1000 § 1, 2018)
The provisions of this chapter shall not be construed as a limitation on the power lawfully vested in the council to cause the removal of any shrubs or trees if, in the opinion of the city council, it is necessary to remove the same for the purpose of improving any street or alley or for any other lawful cause that encroach within the city's right-of-way.
(Ord. 788 § 1, 2004)