In order to promote the health, safety and enhance the beauty and general welfare of Sacramento County, it is hereby declared to be the policy of the County to plant, maintain, protect, preserve and to regulate the planting, maintaining, protecting and preserving of public trees and landscaping; to eliminate dangerous conditions caused by trees and shrubs that may result in injuries to persons or property; to protect all trees within the County against the spread of disease or pests, and to provide for the special protection of heritage and landmark trees within the unincorporated area of the County. This chapter shall be known as and may be cited as and referred to as the "Tree Ordinance."
(Ord. 915 § 1, 1966)
Unless the provisions or the context otherwise requires, the following rules of construction and definitions shall govern the construction of this chapter. The singular number includes the plural, and the plural, the singular. The masculine gender includes the feminine. The present tense includes the past and future tenses, and the future, the present. "Shall" is mandatory and "may" is permissive.
(Ord. 915 § 2, 1966)
For the purpose of this chapter the following words and terms have the following meanings:
1. 
"Board" means the Board of Supervisors of the County;
2. 
"County" means the County of Sacramento;
3. 
"County park" means any park or grounds under the supervision of the Parks Director;
4. 
"Easement" means any County utility easement, drainage easement or sanitary sewer easement;
5. 
"Heritage tree" means a California oak tree growing on any land in Sacramento County, including privately owned land, with a trunk sixty inches or greater in girth measured four and one-half feet above the ground;
6. 
"Landmark tree" means an especially prominent or stately tree on any land in Sacramento County, including privately owned land;
7. 
"Parks Director" means the Director of the Department of Parks and Recreation of the County, or his or her agent;
8. 
"Permittee" means a person who has been granted a permit as provided in this chapter;
9. 
"Person" includes a natural person, legal owner, firm, association, corporation, copartnership, trustee, receiver, utility, or an agent or employee thereof;
10. 
"Planning Director" means the Planning Director of the County, or his or her agent;
11. 
"Planting easement" means an area of land, usually a strip of land adjoining a street right-of-way, which has been dedicated for the purpose of growing trees, shrubs, or other vegetation;
12. 
"Public premises" includes County owned properties utilized for pumping plants, sewage treatment plants, well sites, and other County properties utilized by the Public Words Director;
13. 
"Public tree" means a tree or shrub planted or maintained, or both, by the County on an easement, planting easement, street, County park or public premises;
14. 
"Public Works Director" means the Director of the Department of Public Works of the County, or his or her agent;
15. 
"Street" includes the right-of-way width of any County maintained street, avenue, boulevard, line, walk, road, parkway, alley, or other right-of-way for highway purposes, as indicated on the master plan for streets and highways or determined by the department of public works;
16. 
"Street tree" means any tree whose trunk is wholly or partially located within a County street or planting easement. A "street tree" is always a public tree;
17. 
"Tree" includes shrub.
(Ord. 915 § 3, 1966)
The Public Words Director shall prepare a master tree plan hereinafter called the "plan" for the planting, preserving and maintaining of trees on streets and planting easements as provided in this section. The plan shall be prepared in cooperation with the Parks Director and the planning director and the planting, maintaining and removing of all public trees shall be in accordance therewith, except for deviations permitted under the provisions of Section 19.04.100.
1. 
The Public Words Director with the cooperation of the Parks Director and the planning director shall review the plan from time to time and make any changes in the plan that may be desirable or necessary for the public interests;
2. 
The plan shall include a list of species of trees. Each species of tree on the list shall have characteristics which are not likely to unreasonably interfere with the use of streets, street facilities, utilities, the public health and safety, or the reasonable use and enjoyment of property in the vicinity of the tree;
3. 
The plan shall include general standards for the planting of trees in streets and planting easements and may specify the species of trees which may be planted at specific locations or in certain streets or planting easements. It shall be the policy to plant a liberal number of indigenous California oak trees at various locations throughout the County. The location and spacing of trees shall be such that they will not unreasonably interfere with the use of the streets, street facilities, utilities, the public safety, or the reasonable use and enjoyment of property;
4. 
The plan shall include a program for the planting, maintaining and replacing of trees in streets and planting easements. The program shall provide guidelines for, but not be limited to:
A. 
The planting and maintaining of trees along the County primary streets, particularly where trees have been removed by street widening developments,
B. 
Encouraging and assisting civic organizations and private parties in planting and maintaining trees, including heritage and landmark trees that are located on private property,
C. 
Preparing and distributing standards and other information designed to encourage and assure appropriate planting and maintaining of trees throughout the County in accordance with the objectives of this chapter and the master tree plan,
D. 
The acquisition of planting easements.
(Ord. 915 § 4, 1966)
a. 
When an application is made under the County zoning regulations for a variance, consideration shall be given to the presence of a landmark or heritage tree on the parcel of real property in determining whether a variance shall be granted.
b. 
Whenever feasible the Public Words Director shall modify standard street sections and make changes in street alignment to avoid the removal or damage of heritage and landmark trees. Increased right-of-way or construction costs caused by such modification shall not receive their usual consideration in the planning and design processes.
(Ord. 915 § 5, 1966)
a. 
Developers of new subdivisions shall convey to the County planting easements along all County streets. The easements shall measure no less than five feet in depth and shall extend across the entire width of the lot. The easements shall be located adjacent to the easements required for underground utilities and facilities.
Developers are not required to convey planting easements encumbering single family residentially zoned lots that exceed one acre in area and have street frontage in excess of one hundred twenty-five feet.
The property owner, lessee or tenant shall not be excluded from any of his inherent rights in the planting easements that do not conflict with the satisfactory planting and maintaining of trees and shrubs therein or do not conflict with other County or state regulations.
b. 
The Public Words Director shall require the conveyance of the planting easements as provided herein and shall cause the provisions of this section to be enforced.
c. 
The Parks Director, planning director, and the Public Words Director shall encourage and assist private parties and civic organizations to convey planting easements to the County.
d. 
All trees and shrubs within the planting easements at the time the easements are conveyed to the County shall thereupon become public trees and shall be subject to the provisions of this chapter.
(Ord. 915 § 6, 1966)
The planting, caring and removing of public trees located within streets, easements, planting easements, and public premises shall be under the supervision and control of the Public Words Director. The planting, caring, and removing of public trees within County parks shall be under the supervision and control of the Parks Director.
(Ord. 915 § 7, 1966)
The Public Words Director may prohibit and otherwise regulate the planting of trees upon any County utility easement, drainage or sanitary sewer right-of-way, if he considers such planting detrimental to their use. Trees shall not be planted upon any such right-of-way or easement without first obtaining a permit from the Public Words Director as provided in Section 19.04.100. Each permit of this type shall be subject to the condition that if on any future date the Public Words Director determines that a tree planted pursuant to the permit is detrimental to the use of the right-of-way or easement, the tree shall be considered a public nuisance and be subject to abatement as provided in Section 19.04.140.
(Ord. 915 § 8, 1966)
a. 
The planting, caring and removing of all trees, shrubs, lawns and other plant life in County parks and the grounds of all County owned buildings are under the supervision and control of the Parks Director.
b. 
No person, except by order of the Parks Director, shall plant, transplant, move, separate, trim, prune, cut above or below the ground, disrupt, alter or take any other action upon any tree or other plant life in County parks and grounds.
c. 
In selecting plantings for such areas, the Parks Director is not bound by the master tree list and may select any plantings which he determines to be appropriate for such areas.
d. 
Architects and others preparing plans for the landscaping of County buildings shall consult with the Parks Director during the preparation of such plans, and the final plans shall be submitted by the Public Words Director to the Parks Director for review and approval prior to advertising for bids.
(Ord. 915 § 9, 1966)
A permit shall be required before any person shall plant, transplant, move, separate, trim, prune, cut above or below the ground, disrupt, alter or do surgery upon any public tree located on an easement, planting easement, street, or public premises, irrespective of whether the tree is alive or dead.
1. 
The Public Words Director shall prescribe the form of the permit which shall be valid for a period of six months;
2. 
The Board may require a fee for the issuance of the permit. The fee shall be in an amount calculated to recover the costs involved in processing the permit and any related field investigation;
3. 
Permits shall be signed by the Public Words Director or his designee, and shall be subject to such conditions as he determines to be necessary taking into consideration the safety, health and general welfare of the public, the location of utilities, driveways, traffic and street lights and other characteristics of the area;
4. 
In determining whether a permit should be issued for removal of a tree, the Public Words Director may hold a public hearing or may use other appropriate means to determine the desires of residents in the immediate vicinity of the tree, and he shall give their desires such weight as he deems appropriate in relation to other relevant considerations.
The director may require that a permittee plant one or more trees in place of the one removed, in the same location or vicinity;
5. 
The Public Words Director may require a permittee to furnish a satisfactory bond, cash deposit or other security satisfactory to the department of public works, to insure that the conditions of the permit will be fulfilled;
6. 
Except where public safety is involved, a permit shall not be issued to trim or remove a public tree for the singular purpose of providing better visibility;
7. 
Permits shall not be issued for the planting of any tree which is not in accordance with the master tree plan unless the Public Words Director determines that the characteristics of the substituted tree are substantially the same as those of a tree permitted by the plan and the Parks Director concurs in the substitution;
8. 
Each tree planted pursuant to a permit on a planting easement, street or public premises shall become a public tree. The permit shall contain a statement to this effect;
9. 
It is unlawful for a permittee to fail, refuse, or neglect to plant a tree required by a permit or to fail to fulfill any condition imposed by the Director when issuing the permit.
(Ord. 915 § 10, 1966)
No person shall, without a written permit from the Public Words Director, do or cause to be done by others any of the following acts:
1. 
Secure, fasten or run any rope, wire, sign, unprotected electrical installation or other device or material to, around, or through a public tree;
2. 
Break, injure, deface, kill or destroy a public tree or permit any fire to burn where it will injure any public tree;
3. 
Permit any chemical, gas, smoke, salt brine, oil or other injurious substance to seep, drain or be emptied upon, above or below any public tree;
4. 
Excavate any ditch, tunnel, or trench or lay any drive within a radius of ten feet from any public tree;
5. 
Erect, alter, repair or raze any building or structure without placing suitable guards around all nearby public trees which may be injured by such operations;
6. 
Remove any guard, stake or other device or materials intended for the protection of a public tree or close or obstruct any open space about the base of a public tree designed to permit access of air, water and fertilizer.
(Ord. 915 § 11, 1966)
a. 
No tree or shrub shall be planted or maintained contrary to the provisions of Chapter 12.12.
b. 
No tree shall be planted within five feet of the right-of-way line of any public street, except as otherwise authorized by the Public Words Director. The right-of-way line shall be that which is shown on the master plan for streets and highways or as determined by the department of public works.
The purpose of this requirement is to provide a safe corridor adjacent to County streets for pedestrian or other uses.
(Ord. 915 § 12, 1966)
Any tree located on public or private property which in the opinion of the Public Words Director endangers the life, health, safety of persons or public or private property, or is infected or affected by parasites, disease, or pests, interferes with or obstructs a public storm drain, sanitary sewer, drainage canal, County utility easement, alley or street is hereby declared to be a public nuisance and subject to the provisions of Section 19.04.140.
(Ord. 915 § 13, 1966)
The following procedures shall be followed when abating or correcting a condition relative to a public nuisance tree:
1. 
The owner or occupant of property on which the tree is located shall be notified in writing by certified mail that the tree shall be removed, sprayed or otherwise abated;
2. 
The owner or occupant of property on which the tree is located shall have the right to appeal to the Board of Supervisors the determination of the Public Words Director;
3. 
The owner or occupant of such premises shall have 15 days from the time of the mailing of the aforesaid notice to either comply with the terms of the notice of abatement or corrective action or to file an appeal with the Board of Supervisors concerning the contemplated action of the Public Words Director;
4. 
If the owner of such premises or his or her agent refuses or neglects to comply with the notice or to appeal the order of the Public Words Director within the time specified, the Public Words Director shall cause the tree to be sprayed, removed or otherwise abated.
5. 
The Public Words Director shall keep an account of the cost of abatement. He or she shall submit to the Board of Supervisors for confirmation an itemized written report showing such cost.
6. 
A copy of the report shall be posted for at least three days prior to its submission to the Board of Supervisors on or near the chamber door of the Board with a notice of the time when the report will be submitted to the Board for confirmation.
7. 
At the time fixed for receiving and considering the report, the Board of Supervisors shall hear it and any objections of the property owner liable to be assessed for the work of abatement. The Board may modify the report if it is deemed necessary, after which, by order or resolution, the report shall be confirmed.
8. 
The cost of abatement shall constitute a special assessment against the parcel of land concerned. After the assessment is made and confirmed, it is a lien on the parcel of land.
9. 
After confirmation of the report, a copy shall be given to the County assessor and the tax collector who shall add the amount of the assessment to the next regular tax bill levied against the parcel of land.
10. 
The amount of the assessment shall be collected at the same time and in the same manner as ordinary County taxes are collected. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as provided for ordinary County taxes.
11. 
Laws relating to the levy, collection and enforcement of County taxes apply to such special assessment taxes.
12. 
The Board of Supervisors may order refunded all or part of a tax paid pursuant to this section if it finds that all or part of the tax has been erroneously levied. The tax or part shall not be refunded unless a claim is filed with the Board of Supervisors on or before November 1st after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his guardian, executor or administrator.
13. 
The lien of the assessment shall have the priority of the taxes with which it is collected.
(Ord. 915 § 14, 1966)
It is unlawful for any person to prevent, delay or interfere with any work being done under the provisions of this chapter whether the work is done by an employee of the County or a person or firm performing work for the County pursuant to contract, hire or assignment.
(Ord. 915 § 15, 1966)
Any person aggrieved by any act or determination of a County official or employee in the exercise of the authority herein mentioned shall have the right of appeal to the Board. The following procedure shall govern such appeals:
1. 
Notice of Appeal. An appeal shall be perfected by filing written notice of appeal with the Clerk of the Board of Supervisors. The notice of appeal shall be filed within fifteen days after the act or determination which prompted the appeal;
2. 
The Clerk of the Board of Supervisors shall notify the Public Words Director of the appeal. The director shall forthwith transmit to the Clerk of the Board of Supervisors all papers, maps, other matters of record upon which the exercise of authority was based;
3. 
Upon receipt of notice of appeal the Clerk of the Board of Supervisors shall set a date for hearing before the Board of Supervisors. Notice of such hearing shall be given by publication in a newspaper of general circulation at least ten days prior to the hearing. Notice of hearing may also be given by mailing postage prepaid the time and place of such hearing to all persons who at the time of public hearing held by the Public Words Director relative to a tree removal requested such notice be given by mail. Any failure to mail notices as provided above if notice was given by publication shall not invalidate the proceedings before the Board of Supervisors;
4. 
The Board of Supervisors may deny or grant the appeal in whole or in part.
(Ord. 915 § 16, 1966)
The Department of Public Works is charged with the responsibility of enforcing the provision of this chapter. No oversight or dereliction on the part of employees of the Department of Public Works or any other employee or official of the County vested with the duty or authority to issue permits, conduct investigations and enforce the provisions herein shall legalize, authorize, waive, or excuse any violation of any of the provisions of this chapter.
The Public Words Director or his authorized representatives may upon the presentation of his credentials go upon any premises at any reasonable time for the investigation and inspection of any tree which is suspected to be in violation of this chapter, after having given the owner or occupant thereof at least five days' prior notice of the date of inspection.
(Ord. 915 § 17, 1966)