For the purpose of this chapter, the following words and phrases
shall have the meaning hereafter set forth unless a different meaning
is clearly intended from the context in which such word or phrase
is used. Any word or phrase not herein defined shall have the meaning
attributed to it in ordinance usage.
shall mean the City of Huntington Beach.
shall mean the Director of Public Works or his or her appointed
designee, charged with enforcement of this chapter.
shall mean that division of the Department of Public Works
charged with the administration of this chapter.
shall mean that part of a street or highway lying between
the property line and that portion of the street or highway customarily
used for vehicular traffic.
shall mean any person, firm, partnership, association, corporation,
company or organization of any kind.
shall mean any place, including buildings, open to the public
and owned, managed or controlled by the City of Huntington Beach.
shall mean the Arboricultural and Landscape Specifications
and Standards of Practice adopted by resolution of the City Council,
and by reference made a part hereof as though set forth fully herein.
shall mean the entire width of every public way or right-of-way
when any part thereof is open to the use of the public for purposes
of vehicular and pedestrian traffic.
(3518-12/01)
The Director shall have the authority and is hereby charged
with the following duties:
A.
To
enforce the Arboricultural and Landscape Specifications and Standards
of Practice, ("the Standards") as adopted by the City of Huntington
Beach, a copy of which is on file in the office of the City Clerk,
governing the planting, maintenance, removal, fertilization, pruning,
and bracing of trees on the streets and other public places in the
City, and shall direct, regulate, and control the planting, maintenance,
and removal of all trees growing now or hereafter on streets or public
places, to ensure safety or preserve the aesthetics of such public
places.
B.
To
supervise or inspect all work done under any permit issued in accordance
with the provisions of this chapter.
C.
To
formulate a Tree Management Plan. Such plan shall specify the species
of tree to be planted on streets and other public places. From and
after the effective date of such Tree Management Plan, and any amendments
thereto, all tree planting shall conform to the Tree Management Plan
and the Standards and any regulation or rule promulgated by the Director
to implement the same.
D.
To
issue or deny permits for maintenance of trees in public places and
to place reasonable conditions on the granting of permits in accordance
with the provisions of this chapter and the Tree Management Plan and
the Standards.
E.
The
Director shall have the authority to promulgate rules and regulations
and to amend or add to them, for the implementation of the Tree Management
Plan and the Standards. When recommending species of trees, the Director
shall consider environmental factors, and all existing and future
utilities of an area or specific location.
(3518-12/01)
No person shall interfere with, oppose or obstruct the Director
or his or her agents or employees in the performance of his or her
duties as provided in this chapter.
(3518-12/01)
No person shall plant, spray, or maintain any tree on any street,
parkway, or public place without first applying for and obtaining
a permit from the City of Huntington Beach to do so.
(3518-12/01)
Applications for original and renewal permits and for any amendments
to any permit shall be filed with the Director and shall be signed
by the applicant. Each application shall be submitted on a form prescribed
by the Director and shall set forth the following information:
A.
The
true name, fictitious name, if any, home and business addresses and
telephone numbers of applicant, and if same be a corporation, names
and addresses of principal officers, or if a partnership, association
or company doing business under a fictitious name, names of partners
or persons comprising the partnership, association or company, and
address of each.
B.
Street
number and exact location of place where applicant proposes to engage
in the activity for which the permit is requested (where applicable,
the route proposed for the activity shall be included).
C.
The
nature of the activity in which applicant proposes to engage.
D.
Detailed
information as to the method applicant proposes to employ in the proposed
work or activity for which the permit is requested.
E.
Brief
description of the nature and number of pieces of equipment to be
used in such proposed work or activity, and where applicable, types
of chemicals or commercial sprays to be used. If a license of any
kind is required for the work, a copy of the license must be supplied.
F.
Evidence
of insurance and bond information (if applicable) in accordance with
the City of Huntington Beach standard insurance requirements.
G.
Length
of time for which permit is desired.
H.
Any
other information pertaining to the specific activity or work to be
performed for which a permit is requested which may be required by
the Director.
I.
Proof
of insurance in conformance with the City's standard insurance resolution.
(3518-12/01)
Applications for permits shall be filed with the Director no
less than 10 days prior to the time the work is to be commenced. The
Director shall issue such permits if applicant has complied with the
provisions of this chapter, the City standard on insurance requirements,
and the work to be performed meets the requirements and conditions
contained in the Standards and the Tree Management Program.
(3518-12/01)
The City of Huntington Beach will not charge or collect a fee
for filing of any permit required in this chapter.
(3518-12/01)
Prior to the issuance of any permit, the Director may require
the deposit of a surety or cash bond in an amount sufficient to guarantee
that the activity or work proposed will be performed in a professional,
skillful manner and to secure the City against all costs, charges
and expenses incurred by reason of permittee's failure to abide by
the provisions of this chapter, the requirements contained in the
standards of the City, or any federal or state laws appertaining thereto.
(3518-12/01)
The issuance of any permit under the provisions of this chapter
shall not be construed as a warranty by the City as to the competence
of permittee, or that the activity or work proposed to be performed
under such permit will be done with safety to the permittee or other
persons or property. All such risks shall be assumed by permittee.
(3518-12/01)
The following activities shall require issuance of a permit:
planting, spraying and maintenance.
(3518-12/01)
A.
Permits
shall contain the address or a description of the exact location where
the work is to be performed; a detailed description of the methods
to be used and the manner in which such work is to be performed; any
conditions which may be attached to the issuance of such permit by
the Director and the date on which such permit shall expire.
B.
Within
five days after the expiration date specified on any permit, unless
application has been made for a renewal or amendment of such permit,
the Director shall be notified that the work has been completed and
ready for inspection.
(3518-12/01)
No person shall plant, replant, relocate or remove any tree from any street, parkway or public place without first complying with Sections 13.50.050 through 13.50.070. In addition to the information required by Section 13.50.120 of this chapter, such permit shall set out the specific number of trees to be planted and the specific work to be performed in connection therewith.
(3518-12/01)
No person shall spray any tree on any street, parkway or public place without first complying with Sections 13.50.050 through 13.50.070. In addition to the information required by Section 13.50.120 of this chapter, such permit shall specify the types of chemicals and commercial sprays which may be used in the work to be performed and require that the performance of all such work shall confirm all state, municipal and federal laws.
(3518-12/01)
No person shall fertilize, preserve or prune any tree on any street, parkway or public place, without first complying with Sections 13.50.050 through 13.50.070. In addition to the information required by Section 13.50.120 of this chapter, such permit shall state the kinds and number of trees to be fertilized, pruned or otherwise preserved and maintained, and types of materials and equipment, including irrigation systems, to be used in such work. Such permit shall specify that the performance of all maintenance work shall comply with all the standards of the City, and all federal and state laws applicable thereto.
(3518-12/01)
The Director, after investigation of the application and the
proposed work to be performed, may grant or refuse to grant a permit.
Refusal shall be based upon a finding by the Director that the proposed
work does not meet adopted City standards and requirements including
this chapter, the Tree Management Plan, and the Arboricultural Standards.
(3518-12/01)
Within 10 days after receipt of an application, the Director
shall inform the applicant in writing of his or her reasons for refusing
to issue any permit provided for in this chapter, and such applicant
shall have the right to appeal in writing within 30 days to the City
Council.
(3518-12/01)
The decision of the Director is appealable to the City Council.
Appeal to the City Council from the Director must be made in writing
within 10 days of the Director's decision. At the first regular meeting
following receipt of an appeal, the Council shall consider the matter
under the requirements contained in this chapter, the standards adopted
by the City, and pertinent information furnished by the Director and
the Public Works Commission. The determination of the City Council
to sustain or overrule the decision of the Director shall be final.
(3518-12/01)
No person shall cut down, pull up, burn, destroy or remove any
tree, plant or shrub in any street or public place. No person shall
trim, skin, deface or remove the outer trunk surface or bark of any
tree, plant or shrub located in any street or public place to such
extent or in such manner as to deface, injure, destroy or endanger
the life of any tree, plant or shrub. No person shall attach any wire,
nail, advertising material or any other foreign object to any tree,
plant or shrub, or allow any gaseous liquid or solid substance to
come into contact therewith, which gaseous liquid or other substance
is harmful to such tree, plant or shrub.
(3518-12/01; 4023-6/14)
No person shall deposit, place, store or maintain upon any public
place in the City any stone, brick, sand, concrete or other material
which may obstruct the free passage of water, air and fertilizer to
the roots of any tree, plant or shrub growing in such public place
without first obtaining written permission from the tree superintendent
to do so.
(3518-12/01)
A.
No
person shall excavate any ditch, tunnel, trench, or lay any driveway
within a radius of 10 feet from any tree in any street or parkway
without first obtaining written permission from the Director to do
so.
B.
Any
tree on any street or public place near any excavation or construction
of any building, structure, or street work, shall be protected with
a good substantial enclosure placed a sufficient number of feet, as
determined by the Director, from such tree, to guard against any building
material, refuse, or other debris from damaging such tree.
(3518-12/01)
Upon notice from the permittee that the permitted work has been
completed, the Director or his or her designee shall inspect the work
done. Should the completed work fail to meet the standards set forth
in this chapter, the permittee shall have 15 days to correct the work.
A civil citation may be issued for failure to complete the work within
the 15-day extension period.
(3518-12/01)
