(Legislative History: Ordinance No. 2019-015, 10/21/19)
Unless the context otherwise requires, the definitions contained in this section shall govern the construction of this Chapter.
Director:
"Director" shall mean the Public Works Director or designee.
Person:
"Person" shall mean any individual, firm, corporation, association, partnership and to the extent of the City's jurisdiction, public entities.
Parkway Strip:
"Parkway strip" shall mean that area within the public right-of-way lying between the curb and the sidewalk.
Street Tree:
"Street tree" shall mean that plant of arborescent form planted and maintained by the City within the public right-of-way.
(Legislative History: Ordinance No. 78-38, 9/18/78; Ordinance No. 83-032, 11/21/83; Ordinance No. 2019-015, 10/21/19 (Sections 5-2-200, 5-2-210, 5-2-215, 5-2-225 and 5-2-230))
It shall be unlawful, a public nuisance, and an infraction punishable by up to a One Thousand Dollar ($1,000.00) fine for any person to plant, remove, prune, injure or destroy any street tree, as hereinafter defined, except in conformance with the provisions of this Chapter
All street trees within the City of San Leandro are the property of the City. The Director shall have exclusive authority, except as hereinafter provided, to plant, remove, prune, inspect, maintain, root prune or otherwise alter such street trees.
Any person may request the removal, pruning, root pruning, or replacement of a street tree on, or in the right-of-way abutting his or her property. Upon such request, the Director may inspect such tree, and in his or her sole and exclusive determination, cause the removal, pruning, root pruning, or replacement of such street tree.
Upon approval of the Director, any person requesting street tree service pursuant to Section 5-2-210 may undertake such work privately or by agreement with a private nursery or tree service. Such work shall conform with all of the following:
(a) 
The property owner shall obtain an encroachment permit from the Engineering and Transportation Department prior to pruning or removal of a City tree.
(b) 
The tree removal shall include stump-grinding, with return of the planting area to either softscape or hardscape that does not create a tripping hazard.
(c) 
If a replacement tree is not requested, the property owner shall be required to pay the City the fee set forth in §6.4.100 of the San Leandro Administrative Code for a tree to be planted in a location of the City's choosing.
(a) 
Upon approval of the Director, any person may undertake privately, or by agreement with a private nursery or tree service, the planting of a street tree provided that the location, species and manner of planting are acceptable to the Director.
(b) 
The Director shall prepare a list of those tree species which are acceptable for use as street trees. The Director shall also establish such criteria relating to the location and manner of planting such street trees as will protect public safety and public and private improvements.
(c) 
All new planting of street trees as replacements for street trees existing on the effective date of this Chapter shall conform to the species and planting criteria set forth in subsection (b) of this section.
(d) 
There may be imposed a condition of approval for all parcel and subdivision maps that the subdivider plant street trees at such locations and in such manner as may be determined by the Director.
It shall be the duty of any person owning or operating any utilities within the public right-of-way (including, but not limited to, water, sewers, gas, electrical, telephone, fiber optics, and cable television services) to maintain such utilities in a manner to prevent damages to street trees.
The provisions of this Chapter shall not be construed to release or relieve any owner or real property within the City of San Leandro from a duty to maintain his or her property, including such portions of the public right-of-way that are the maintenance responsibility of the property owner. Provided, however, in the sole and exclusive determination of the Director whenever damage to the public right-of-way is directly caused by the action of a street tree, the City may repair and/or reconstruct the right-of-way improvements exclusively or on any proportional cost basis as set forth in the City's Sidewalk Repair Program (specifically, §8.1.120 of the San Leandro Administrative Code). This section shall not be construed as creating an additional cause of action or liability on behalf of any property owner, person or the City.