The following definitions shall apply to this chapter.
is the compression of the soil structure or texture by any
means that creates an upper layer that is impermeable.
means a list of specific tree species which have been designated
by the Community and Human Services Commission for each City street,
or part of it, as the species of tree to be planted and maintained
within the City easement of that street.
means the Director of the Community Services Department or
designee.
means the suggested minimum area within X distance from the
trunk of a tree in a typical location, measured from the perimeter
of the trunk of the tree at 54 inches above natural grade, where X
equals a distance ten times the diameter of the trunk at 54 inches
above natural grade, or the distance to the outermost edge of the
tree canopy, whichever is the lesser distance.
means land owned by another over which the City has an easement
or right-of-way for street and related purposes. "Parkway" refers
to that portion of a street right-of-way, which is available for landscaping,
and not for curb, gutter or pavement.
are any trees within the City's easement or on City-owned
property which have been found to be of significance to the community
or of notable historic interest and are so designated by action of
the Community and Human Services Commission.
means and includes root pruning, trimming, spraying, watering,
fertilizing, mulching, treating for disease or injury, or any other
similar act, which promotes growth, health, beauty and life of any
tree.
means to reduce the size of a tree using professionally accepted
standards, as established by the International Society of Arboriculture
(ISA), Tree Care Industry Association (TCIA) or American National
Standards Institute (ANSI) Section A300, to control the height and
spread of a tree, lessen the wind resistance, preserve its health
and natural appearance, produce fuller branching and shaping, aid
in disease prevention by allowing more light and air passage within
the branches, or make adjustments which will increase its longevity
in an urban environment.
means any tree which is located within any public park, City
easement, or on any other City-owned property.
means a severe type of pruning which usually produces less
desirable results than more moderate pruning with respect to the tree's
natural form and which is generally hazardous to the overall health
and stability of the tree.
means a document prepared by the Community Services Department
which states policies (approved by the City Council), procedures and
other relevant information regarding the selection, planting, maintenance
and removal of all City trees.
means the ecology of native and nonindigenous plantings creating
a forest in the human living environment, and emphasizing the practice
of wise, professional, planned management of all tree resources within
an urban area for multiple use and benefit of the entire community.
(07-04; 12-04; 14-07)
The Community and Human Services Commission serves as the City's
tree advisory board. The commission shall:
A.
Study
the problems and determine the needs of the City in connection with
its tree planting and maintenance programs; establish the designated
street tree list; approve major changes to the designated street tree
list; and hold discussions of tree-related issues at public meetings.
B.
Hear
and determine appeals from staff decisions regarding street tree removal.
The Commission may grant an appeal if it finds that the staff decision
would result in a burden on the property owner that substantially
outweighs the benefit to the public. The Commission's decision may
be appealed to the City Council if a written appeal, setting forth
the grounds, is filed with the City Clerk within 10 days of the Commission
decision. If no timely appeal is filed, the decision shall be final.
(07-04; 12-04; 21-06)
The powers and duties of the Director of Community Services,
or designee, under this chapter are as follows:
A.
To
designate a particular place within the City easement or on any City-owned
property where a City tree will be planted.
B.
To
approve minor changes to the designated street tree list; to recommend
to the Community and Human Services Commission any major changes to
the designated street tree list; and to determine if any change to
the designated street tree list qualifies as "major" or "minor."
C.
To
draft a tree policy manual that states policies and procedures concerning
the selection, planting, maintenance and removal of trees in public
places to promote a viable urban forest.
D.
To
grant or deny the issuance of permits in accordance with the terms
of this chapter.
(14-07; 21-06)
The duties of any owner of private property whose property has
a City easement on it for street purposes are as follows:
A.
To
accept, protect and provide adequate water to any City tree planted
in the public easement over his or her property, and not to interfere
with the City's provision of water to such trees, whether by water
truck or other means;
B.
To
notify the Community Services Department of any suspected tree hazards
or maintenance needs of any City tree on his or her property;
C.
To
remove any vines from City street trees planted in the easement over
his or her property;
D.
To
remove all fallen leaves and other deadfall from any City tree planted
in the public easement over his or her property, and to properly dispose
of the deadfall in an appropriate waste receptacle.
(07-04; 09-06; 12-04; 14-07)
No tree shall be planted within a parkway other than the species designated as the street tree for that particular street, or portion of a street, by the Community and Human Services Commission. No street tree shall be planted, except by the City, until a tree permit has been issued for it as provided in Section 12.26.070 of this chapter.
(07-04; 12-04)
Any subdivider of land shall install City trees in accordance
with the requirements of Title 16 of this Code and any related resolutions.
(07-04)
A.
No
person shall plant or otherwise disturb any City tree without first
obtaining a permit from the Director of Community Services.
B.
Applications
for permits must be made to the Community Services Department on forms
provided by the department, and shall include such information as
the Director deems necessary to review the application.
C.
Work
undertaken by the permittee or his or her agents may be stopped immediately
and the permittee's permit may be revoked by oral or written order
of the Director when the Director determines that the program of work
or conditions outlined in the permit are not being complied with.
D.
The
Director's decision may be appealed to the Community and Human Services
Commission if a written appeal, setting forth the grounds, is filed
with the Community Services Department within ten days of the Director's
decision. If no timely appeal is filed, the decision shall be final.
(14-07)
Fees for permits and appeals shall be established by resolution
of the City Council. Any previously adopted resolution establishing
fees in relation to prohibited activities shall be repealed.
(07-04)
A.
It
is unlawful for any person to injure, cut, damage, carve, transplant,
prune, root prune or re-move any public tree.
B.
It
is unlawful for any person to attach, cause to be attached or keep
attached to any public tree, or to the guard or stake of a public
tree, any rope, wire nails, tacks, staples, advertising posters, decorations,
ornaments, flags, toys, swings, lights or any other contrivance whatsoever
without first obtaining a permit or explicit approval from the City.
C.
It
is unlawful for any person to cause or allow any poison or other substance
harmful to tree life to lie, leak, pour, flow or drip upon or into
the soil within the drip line of any public tree; or set fire or permit
any fire to burn when such fire or heat thereof will injure any portion
of any public tree; or to operate any equipment, such as mechanical
weeding devices, in such a manner as to cause damage to a public tree
in any way.
D.
No
person shall injure any public tree located within an easement or
public right-of-way on his or her private property by neglecting to
provide the necessary amount of water, as determined by the Tree Policy
Manual and the terms of this chapter, required for said tree's continued
good health and viability.
E.
No
person shall impact the drip line area of a City tree in a way that
may reasonably be expected to damage the root system, compact the
soil over the roots, or impede free passage of water, air or fertilizer
to the roots of any public tree.
F.
Special
consideration shall be afforded public trees determined by the Community
and Human Services Commission to be heritage trees. Such trees shall
be removed only when public interest served by removal outweighs the
interest in preservation and heritage status.
G.
All
trees of any species or variety of the genus Ulmus which are found
to be infected with Ceratocystis ulmi (Dutch Elm disease) in the City
are a threat and a hazard to all trees of the genus Ulmus in Claremont.
This section requires that all aboveground portions of such infected
trees be destroyed or properly disposed of as provided in this chapter.
H.
No
person shall possess, store or transport into the City all or any
part of the trees of the genus Ulmus infected with Ceratocystis ulmi
(Dutch Elm disease); provided, however, that wood, branches and roots
of such trees may be transported either to a safe place for burning
or burial, under a minimum of two feet of earth, within five days
following the discovery of such infection, or to such sites, and under
such conditions, as are approved by the Community and Human Services
Commission for the processing and subsequent elimination of the disease
hazard. Infected trees may be treated in a manner approved by the
County Agriculture Commissioner to effect a cure for the disease if
and when an effective cure becomes known.
I.
During
the construction, repair, alteration, moving or removal of any building,
structure of any other type of construction in the City, no person
in control of such work shall leave any public tree, shrub or plant
in the vicinity of such activity without sufficient guards or protectors
as identified in the tree policy manual to prevent injury to the tree,
shrub or plant in connection with such construction, repair, alteration,
moving or removal. The costs of any such protection shall be borne
by the person responsible for the improvement.
(07-04; 09-06; 12-04)
No person shall hinder, prevent, delay or interfere with the
Director or any of his or her agents while engaged in carrying out
the execution or enforcement of this chapter. Provided, however, that
nothing in this section shall be construed as an attempt to inhibit
the pursuit of any remedy, legal or equitable, in any court of competent
jurisdiction for the protection of property rights by the owner of
any property within the City.
(14-07)
A.
Any
violation of this chapter shall be a misdemeanor or infraction at
the discretion of the City Attorney or district attorney.
B.
Irrespective
of and cumulative to any criminal conviction for a violation of this
chapter, the City may, pursuant to Government Code Section 36901,
impose a civil penalty in an amount not exceeding one thousand dollars
on any person who commits a violation of this chapter. The City may
recover the penalty either through an administrative hearing or a
civil action brought either by the City Attorney or a designated employee
of the City.
C.
Irrespective of whether the City pursues criminal and/or civil action under this chapter, nothing in this chapter shall prevent the City from seeking restitution for damage to City property as an alternative to criminal action and/or civil action to recover a civil penalty in accordance with subsection B of this section.
(07-04)
