For the purpose of this chapter, the following words and phrases shall have the meanings specifically subscribed to them by this section:
City Tree.
Any woody plant which will obtain a height of 15 feet or greater at maturity planted on city property or right-of-way.
Maintain or Maintenance.
Comprehensive tree care including, but not limited to: trimming, watering, fertilizing, mulching, ground preparation, and weed abatement.
Planting.
The installation or replacement of trees.
Right-of-Way.
Any highway, street, road, alley, way or place opened to the use of the public for purposes of travel.
(Ord. 02-220, 2002)
The director of public works or designee shall have the authority and duty to enforce the provisions of this chapter. He or she shall have the authority to grant permits and to sign complaints and to issue citations for violation of any provision of this chapter. He or she shall develop, implement, and update city tree planting and maintenance standards, and provide an annual urban forestry work plan, to be adopted by resolution of the city council.
(Ord. 03-224, 2003)
No person shall plant, remove, transplant, injure, trim, top, cut, spray, root prune, fertilize, stake, guy rod, cable, or damage any city tree without first securing a written permit from the director of public works or designee.
(Ord. 02-220, 2002)
The public works department shall maintain all city trees. Tree maintenance will not relieve property owners of their responsibility to alleviate hazardous conditions as required by this chapter. City personnel shall have the same right of entry onto private property as defined in section 5-1-6 of this code for the purpose of maintaining city trees.
(Ord. 02-220, 2002)
Where required as a development condition for subdivisions, new development and redevelopment, trees planted on private property shall be maintained by the property owner. Relocation, removal or replacement of required trees shall not be allowed without a written permit from the planning manager. Unauthorized removal or failure to maintain these trees is subject to the provisions of title 5, chapter 1 of this code in addition to any other civil or criminal remedies available to the city necessary to enforce the conditions of approval.
The city council may establish by resolution development conditions and/or guidelines relating to and necessary for the provision and maintenance of trees on private property.
(Ord. 02-220, 2002; Ord. 22-0355 § 8)
No person shall locate any material detrimental to city trees within the area of the tree and its roots.
No person shall penetrate or remove tree root barriers when they are imposed as a condition of development.
(Ord. 02-220, 2002)
Where the city manager has not declared an emergency, and a tree hazard exists, the director of public works or designee shall notify, by means of certified mail, property owners of private trees causing hazards. The property owner shall be given sufficient time to alleviate the hazard. If necessary the city may contract to remove the hazard and bill the property owner for services rendered. In case of emergency, the hazard may be removed by directive of the city manager. Alternatively, the city may choose to alleviate tree hazards pursuant to the nuisance abatement procedures contained in title 5, chapter 1 of this code.
(Ord. 02-220, 2002)
Any interested person may appeal in writing to the city council’s appointed appeals commission, or, in its absence, the city council itself, from any action taken, pursuant to this chapter. Thereafter, any interested person may appeal in writing to the city council from any action taken by the appeals commission on the appeal. The appeal must be filed in accordance with title 1, chapter 6, “Appeal Procedures,” of this code or any successor sections. The appeal fee shall be established by resolution of city council.
(Ord. 02-220, 2002; Ord. 23-0373, § 33)
Violation of any of the provisions set forth by this chapter shall be a misdemeanor and shall be punishable as provided by law. In the discretion of the city attorney any violation may be charged as an infraction.
(Ord. 02-220, 2002)