For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
means the parks and recreation director of the city or authorized
representative(s).
means that area between public street right-of-way lines.
means the street tree plan of the city as adopted and made
a part of this chapter and as the same may hereafter be from time
to time amended.
means trees approved by this chapter for planting in street
tree area.
(Prior code § 21-1; Ord. 1149 § II, 2000; Ord. O2018-13 § 1)
The city council shall cause to be prepared a street tree plan
which, when adopted, shall be the street tree plan of the city. The
street tree plan may be amended by resolution of the city council.
The street tree plan shall include such matters and shall contain
such rules and regulations relating to the planting and care of trees
in street tree areas as the city council shall determine. The street
tree plan shall be strictly adhered to in regard to all future planting
and care of trees in street tree areas.
(Prior code § 21-2; Ord. O2018-13 § 1)
The director of parks and recreation shall enforce the provisions
of this chapter.
(Prior code § 21-3; Ord. O2018-13 § 1)
No trees or shrubs shall be planted in any street tree area
without permission of the director, and the director shall require
that all new plantings of street trees shall be in accordance with
the provisions of this chapter, and the street tree plan.
(Prior code § 21-4; Ord. O2018-13 § 1)
The director shall be responsible for the city's approved street
tree list, comprised of types and species of trees that are suitable
and desirable for planting. All street trees shall be in compliance
with the approved street tree list. The approved street tree list
shall be revised from time to time by the director as needed.
(Prior code § 21-5; Ord. O2018-13 § 1)
Before any street improvements in any new subdivision are accepted
by the city, the subdivider shall comply with this chapter and the
street tree plan. A minimum containerized tree size of fifteen gallons
per tree in new subdivisions shall be required. The city will determine
the species of tree which will be planted. Watering and care of the
trees shall be the responsibility of the owner of the property.
(Prior code § 21-6; Ord. O2018-13 § 1)
No person shall cut, prune, remove, injure or interfere with any tree, shrub, or plant upon or in any street tree area or other public place in the city without prior permission and approval therefor from the director. The director is authorized to grant such permission at his or her discretion and where necessary. Excepting and with reference to utility companies, as provided in Section 12.08.080, no such permission granted shall be valid for a longer period than thirty days after its issuance.
(Prior code § 21-7; Ord. O2018-13 § 1)
Utility companies shall be required to secure encroachment permits
to trim or prune trees which create a hazard to their facilities.
(Prior code § 21-8; Ord. O2018-13 § 1)
Any person engaged in the business of pruning, trimming or removing
trees within the city's rights-of-way shall, in addition to having
a business license, secure a permit to operate in the city from the
director. As a condition of obtaining such permit, the person shall
carry, and shall furnish satisfactory proof to the director that he
or she has commercial general liability insurance listing the city
as additionally insured, with minimum limits of one million dollars
aggregate and two million dollars per occurrence, one hundred thousand
dollars for personal injury per occurrence, two hundred thousand dollars
aggregate, and property damage insurance in the amount of twenty-five
thousand dollars. The policy or policies or certificates thereof shall
be filed with the director prior to granting such permit, and such
person shall keep such insurance in full force and effect during the
term of the permit.
(Prior code § 21-9; Ord. 1149 § IV, 2000; Ord. O2018-13 § 1)
The director may cause to be trimmed, pruned, or removed, any
tree, shrub, plant or vegetation in any street tree area or other
public place. If existing street trees are removed, they shall be
replaced with trees which conform to the street tree plan and approved
street tree list.
(Prior code § 21-10; Ord. O2018-13 § 1)
When any tree or shrub growing in a street tree area or public
place which is endangering or which in any way may endanger the security
or usefulness of any public street, sidewalk, or other public place
or the full and safe operation of public utility wires, is declared
to be a nuisance, the director may cause the same to be trimmed or
removed. In the case of any such trees or shrubs in the private property
portion of the street tree area, the director shall notify the owner,
or duly authorized agent, in writing that tree or shrub is a nuisance
and should be trimmed or removed. Failure of the property owner or
duly authorized agent to remove or trim such tree or shrub within
thirty days after receipt of such notice by the director shall be
a violation of this chapter, and the director may then remove or trim
the tree or shrub and assess the cost against the property owner.
(Prior code § 21-11; Ord. O2018-13 § 1)
No person shall abuse, destroy or mutilate any tree, plant or
shrub in a street tree area or any other public place in the city
or attach or place any rope, wire (other than one used to support
a young or broken tree), sign, poster, handbill or other things to
or on any tree growing in a public place or cause or permit any wire
charged with electricity to be placed or attached to any such tree,
or allow any gaseous liquid or solid substances which are harmful
to such trees to come in contact with their roots or leaves. Anything
in this section to the contrary notwithstanding, the city council
may upon written application therefor grant to any person upon such
terms and conditions as the city council may determine a permit for
the temporary attachment to trees or shrubs of wires charged with
electricity for purposes such as Christmas tree decorations.
(Prior code § 21-12; Ord. O2018-13 § 1)
Appeals to the city council from any direction or order given
or made by the director under the provisions of this chapter may be
made by filing written notice thereof with the city clerk within ten
days after the receipt of such direction or order, stating in substance
that the appeal is being made from such direction or order to the
city council. The city clerk shall thereupon call such appeal to the
attention of the city council at their next regular meeting, at which
time and place the appellant and director may present evidence. Action
by the city council after such hearing shall be conclusive and final
and in the event the city council shall uphold the direction or order
of the director, the property owner, or duly authorized agent, shall
within fifteen days thereafter comply with such direction or order.
(Prior code § 21-13; Ord. O2018-13 § 1)
Nothing contained in this chapter shall be deemed to impose
any liability upon the city, its officers or employees, nor to relieve
the owner of any private property from the duty to keep any tree,
shrub or plant upon his or her property or under his or her control
in such condition as to prevent it from constituting a hazard or an
impediment to travel or vision upon any street, park, pleasure ground,
boulevard, alley or public place within the city.
(Prior code § 21-14; Ord. O2018-13 § 1)
