The purposes of this chapter are as follows:
A.
Implement
the general plan of the city;
B.
Protect
private property and the public right-of-way from the danger of falling
trees and limbs;
C.
Assure
visibility for vehicular traffic;
D.
Assure
the health of existing and proposed trees;
E.
Assure
protection of municipal improvements through the proper selection
of trees;
F.
Facilitate
the cleaning of the sidewalks, streets and storm drains;
G.
Increase
property values;
H.
Enhance
the environmental quality of the city;
I.
Improve
general aesthetic values;
J.
Select
trees of longevity which are suitable to the environment.
(Prior code § 17-100)
As used in this chapter, the following words and phrases shall
have the meanings ascribed to them in this section:
means the most current valuation table for trees, plants
or other vegetation established by the International Society of Arboriculture,
or such other similar valuation table as may be approved by the director.
means the city of Lawndale.
means the municipal services department of the city.
means the director of the municipal services department,
and shall include any representative designated by the director.
means watering, pruning, trimming, fertilizing, spraying,
supporting, treating for disease or injury or other work which promotes
the life, growth, health or beauty of trees, plants or other vegetation.
means that portion of a street excluding roadway surfaces
used primarily for vehicular access and which lies between the curbline
and the right-of-way line of the street.
means the owner of the real property on which the tree, plant
or other vegetation is located, and includes the owner of the underlying
fee where the real property is subject to a street easement. The term
"property owner" is also deemed to include the person in possession
and/or agent of the property owner. Any written notices required by
this chapter to be given to the property owner shall be given both
to the mailing address of the property and to the last known address
of the owner as it appears on the last equalized assessment rolls
of the county.
means, within the territory of the city, the entire width
of every right-of-way, including roadway surfaces and parkways, which
is dedicated to any public agency or is subject to public easements
for purposes of vehicular or pedestrian travel.
means any tree planted in the right-of-way of a street. Street
trees are the property of the owner of the underlying fee but are
subject to the regulations contained in this chapter.
means any woody plant, normally having one stem or trunk
bearing the foliage or crown well above ground level to a height of
sixteen feet or more upon maturity.
(Prior code § 17-101)
Except as otherwise provided in this chapter, the director shall
have exclusive jurisdiction and control over the planting, maintenance
and removal of trees, plants and other vegetation in the streets and
on other city property. Such jurisdiction and control includes but
is not limited to the following:
A.
Determination
of the species or kinds of trees, plants and other vegetation that
may be planted in the streets, and the distance apart and exact location
at which they shall be planted;
B.
Encouragement
of the planting, care and preservation of shade or ornamental trees,
plants and other vegetation in the streets, and elsewhere in the city;
C.
Taking
such remedial action as may be necessary under this chapter.
(Prior code § 17-102)
The director may formulate a master street tree plan, which
shall specify location of trees, plants and other vegetation to be
planted on each of the streets or other public property in the city.
Trees shall be selected on the basis of their desirable characteristics
of growth and beauty with reference to their root structure and adaptability
to local climate, soil, street and other conditions. The director
may amend or add to the master street tree plan any time that circumstances
make it advisable.
(Prior code § 17-103)
Residential property owners shall water and fertilize established trees and shall maintain all other vegetation growing in the parkway as necessary to preserve the health of such trees and other vegetation. No property owner may plant, spray, prune or remove any street tree without a permit as described in Section 12.28.070.
(Prior code § 17-104)
The city at all times and without the prior permission of property
owners may maintain trees, plants and other vegetation growing in
streets, or any portion of such trees, plants and other vegetation
growing upon private property which project or overhang into streets.
(Prior code § 17-105)
A.
No
person shall plant, spray, prune or remove any street tree or tree
upon other public property without first filing an application and
obtaining a permit from the director. Applications for permits must
be filed at least forty-eight hours before such work is proposed to
be commenced. The form and content of the application shall be as
prescribed by the director.
B.
The
director shall issue the permit provided in this section unless, in
the director's judgment, the proposed work is (1) contrary to the
master street tree plan or the purposes of this chapter; or (2) the
proposed method thereof creates a public hazard. Any permit granted
shall contain a definite date of expiration, and the work shall be
completed in the time allowed on the permit and in the manner described.
The permit shall become null and void if any of its terms are violated.
(Prior code § 17-106)
A.
At
the request of any property owner, the director may cause a street
tree to be planted within the street on such property if the proposed
work is in the public interest.
B.
No
trees shall be planted by the city in accordance with this section
unless the city has first been paid for all labor, materials and administrative
costs which will be incurred, and for the value of the tree, as determined
in accordance with the adopted valuation table.
(Prior code § 17-107)
The director shall have the authority to develop and maintain
a list identifying, mapping and recording restricted trees, including,
but not limited to, landmark trees, trees of outstanding size and
beauty, and trees offered for dedication to the public. After such
identification, such trees shall be given necessary treatment approved
by the department to retain and protect them.
(Prior code § 17-108)
A.
Subject
to the provisions of this section, the director may authorize the
removal of the following trees, plants and other vegetation:
1.
Trees,
plants or other vegetation which are infected or infested with insects,
scales, parasites, fungus and other pests and diseases injurious to
the health of other trees and vegetation located within a street;
2.
Trees,
plants and other vegetation which are dead, liable to fall, dangerous,
creating a safety hazard or an obstruction to public travel;
3.
Trees,
plants and other vegetation which may damage or are damaging any public
improvement lying within a street or other public property; or
B.
Prior
to removing any tree, plant or other vegetation pursuant to this section,
the director shall make all reasonable efforts to correct the condition
which would otherwise necessitate removal.
C.
Except when the value shown in the approved valuation table is less than five hundred dollars, the director shall give the property owner at least fifteen days' written notice of the reason removal is required prior to removal of any street tree. The notice shall also be posted on the street tree. The director may reconsider the decision to remove the street tree if the property owner proposes a satisfactory alternative. In lieu of this procedure, where removal is required because of the reasons specified in paragraphs A3 and A4 of this section, removal shall be subject to the procedures contained in Section 12.28.110. Notwithstanding the foregoing, no notice shall be required if the street tree must be immediately removed to protect the health, safety and general welfare.
D.
Except when located on a street or other public property, no tree, plant or other vegetation may be removed by the city unless in compliance with the procedure contained in Section 12.28.110. Nothing contained herein shall limit the authority of the city pursuant to Section 12.28.060 to trim or prune portions of trees, plants or other vegetation which project or overhang into streets.
(Prior code § 17-109)
A.
Whenever the director determines that any of the conditions in Section 12.28.100(A) exist with regard to trees, plants or other vegetation not located on a street or other public property, or that trees, plants or other vegetation project or overhang into a street or other public property, the director shall give the property owner notice in writing describing the deficient conditions, suggesting corrective measures, and ordering correction within a reasonable specified time. The determination and order of the director shall be final unless appealed.
B.
The
property owner may protest the determination of the director. Where
the health of the tree or vegetation or the possible damage to public
improvements is at issue, the matter may be referred to a professional
whose expertise is accepted by the director. The cost of such analysis
shall be paid by the property owner if the professional's opinion
supports the determination of the director.
C.
Within
fifteen days after notice is given to the property owner of the determination
and order of the director, the property owner may appeal the determination
and order to the parks, recreation and social services commission.
The matter shall be set for hearing at the next regularly scheduled
meeting of the commission for which notice can be given.
D.
Notice
shall be given in writing, at least five days prior to the date set
for hearing before the commission, to the property owner and the owners
of all abutting parcels of property.
E.
At
the hearing, the commission shall hear all relevant evidence. The
commission's decision shall be in writing and mailed to the property
owner. The decision shall specify a time period for correction, if
applicable. The decision shall be final unless appealed by any interested
party to the city council.
F.
The
city council shall hear any appeal, giving notice thereof, conduct
the hearing and render its decision in the same manner as would the
commission. The decision of the city council shall be final.
G.
If
the property owner fails to perform the work required within the time
allowed by the determination and order of the director, or the decision
of any appellate body, and if the time period for appeal expires,
then the director may authorize the performance of the work by the
city and entry onto private property. The property owner shall be
liable for all costs incurred by the city, including labor, materials
and administrative costs. All such costs shall be fixed and determined
by the director unless they exceed five hundred dollars, in which
case they shall be fixed and determined by the city council after
a hearing is held, with notice given to the property owner in writing
at least five days prior to such hearing. If such costs are not paid
by the property owner within thirty days after the owner is given
written notice of same, then such costs shall become a lien against
the property and be referred to the tax collector for collection as
an assessment. Such assessment shall have the same priority as other
taxes.
(Prior code § 17-110)
All trees, plants or other vegetation growing within a forty-foot radius of the point where the adjacent curblines, if extended, would intersect, including those growing on private property, shall be trimmed so as to not impair or obstruct the vision of a driver from seeing a vehicle approaching on an intersecting street. Any tree, plant or other vegetation, or any part thereof, which so obstructs visibility at an intersection shall be deemed to be dangerous to public travel, and, if on private property, shall be abated in accordance with the procedure contained in Section 12.28.110. Nothing contained herein shall limit the authority of the city pursuant to Section 12.28.060 to trim or prune portions of trees, plants or other vegetation which project or overhang into streets.
(Prior code § 17-111)
A.
All
trees on any street or other public property near any excavation or
construction of any building, structure or street work shall be sufficiently
guarded and protected by those responsible for such work so as to
prevent any injury to such trees.
B.
Any street tree removed upon the request of any person for the purpose of any construction shall be replaced with a minimum fifteen-gallon tree, of a species selected in accordance with the master street tree plan, and planted in a location satisfactory to the director. The location of the replacement street tree shall be illustrated on the construction plans prior to approval of such plans by the department of community development. A permit as required by the provisions of Section 12.28.070 of this chapter shall be obtained prior to the planting of any replacement street tree.
C.
In the case of construction of a new building, relocation of a building or addition of floor area equal to fifty percent or more of an existing building, street trees shall be installed by the property owner, provided the parkway meets minimum width requirements and the tree will not interfere with utilities or cause any other problem injurious to the public welfare. The species and location shall be selected in accordance with the master street tree plan and illustrated on the construction plans prior to their approval by the department of community development. A permit as required by the provisions of Section 12.28.070 of this chapter shall be obtained prior to the planting of any street tree.
(Prior code § 17-112)
A.
It
is unlawful for any person to destroy, injure or deface, by any means,
any tree in the street or upon other public property including, but
not limited to, the following:
1.
Intentionally
cutting or carving any tree;
2.
Pouring
any toxic material on any tree or on the ground near any tree;
3.
Attaching
any sign, poster, notice or other object on any tree, or fastening
any guidewire, cable, rope, nails, screws or other device to any tree;
except that the city may authorize posting temporary "No Parking"
signs to trees when necessary in conjunction with street improvement
work, tree maintenance work, parades, etc.;
4.
Causing
or encouraging any fire burning near or around any tree.
B.
It
is unlawful for any person to install, deposit, place, store or maintain
upon any street or other public property any stone, brick, sand, concrete
or other material which may obstruct the growth of any street tree
or the passage of water, air or fertilizer to the roots of any such
tree, for a period exceeding three days without the written permission
of the director.
(Prior code § 17-113)
No person shall prevent, delay or interfere with the director
or any of the director's representatives in the execution or enforcement
of the provisions of this chapter.
(Prior code § 17-114)
Where a street tree is destroyed, defaced or injured in violation
of this chapter, in addition to the prescribed criminal penalties,
the person responsible shall be liable for the cost of replacing such
tree, including labor, materials and administrative costs. The value
of the tree shall be determined in accordance with the adopted valuation
table.
(Prior code § 17-115; Ord. 640-89 § 14)
