This chapter shall be known as and may be cited and referred to as the "Tree Ordinance of the City of Oroville."
(Ord. 1174 § 1)
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
The director of parks of the city, or his/her agent.
A tree existing in planter strips and public streets and which has been found by the park commission of the city to be a tree of notable historic interest because of its age, type or historic associations, and has been designated by resolution of such commission as an historic tree.
Pruning, spraying, fertilizing, propping, treating for disease or injury, and any other similar acts which promote the life, growth, health or beauty of trees, except watering unless specifically so stated.
All proper spaces filled with a variety of approved species of trees.
A tree planted or existing in planter strips and public streets in accordance with the plan.
The adopted master street tree plan for the planting and maintenance of street trees within the city.
The area between the curb, or the place where the curb should be, and the adjacent property line.
A tree existing within planting strips and public streets which has been found by the park commission of the city to be of high value because of its type and/or age, and has been designated by resolution of such commission to be a specimen tree.
Any public street, avenue, boulevard, land, walk, road, parkway, alley, right-of-way, easement or other public way, and any median planting strip located within the street.
A tree, plant, shrub or other similar form of natural growth.
(Ord. 1174 § 2)
It is in the best interest of the city that the guidelines set forth by the master street tree plan be followed for the planting and maintenance of trees along its streets.
(Ord. 1174 § 3)
A.
The park department shall maintain a current list of approved ground covers and plantings for planting strips. Use of plant materials other than those listed shall be by prior approval of the director. No plantings, construction or excavating which endanger pedestrians or vehicular traffic shall be permitted in planting strips. No surfacing materials, such as asphalt, gravel, etc., may be used without prior approval of the director. No vines or other plant materials shall be allowed to grow on any street tree. The placing of temporary protection for new lawns or trees or the provision of watering basins shall not be considered a violation of this section.
B.
All new and replacement planting shall be confined to shade and ornamental trees from the current official approved list. It is unlawful for any person to plant or place shrubs, low growing trees, flowers, vines, fences, rocks, gravel, signs, stakes or any other substance or objects, except watering basins for young trees and temporary protection for newly planted lawns, or to cause or create conditions of uneven ground, holes or other hazards, in planting strips within the streets of the city.
(Ord. 1174 § 3)
All persons owning property adjacent to planting strips in which specimen or historic trees exist, shall be informed as to the status of these trees and the restrictions related to their care and removal.
(Ord. 1174 § 3)
A.
The park department may require that the planting of street trees be included in all building plans that appear before the architectural board of review for approval; and all related costs shall be borne by the owner. The selection of and the specifications for planting shall be in accordance with the master street tree plan. The maintenance of these trees shall be the responsibility of the owner until the occupancy certificate is issued. No tree which has been designated as an historical or specimen tree shall be removed from the site without the prior approval of the park commission.
B.
The park department may require the planting of street trees within the planting strips of any new subdivision in conformity with the plan covering the area involved. No tree designated as an historical or specimen tree shall be removed from the site of a proposed subdivision without the prior approval of the park commission.
C.
The planting and first 2 years of maintenance costs, including irrigation, for all street trees planted in a new subdivision shall be borne by the subdivider. The director shall determine the cost involved for each subdivision, which cost shall be paid to the city prior to approval of the final map of the subdivision by the city council. The director shall plant, maintain and irrigate such trees at such times and places as the development of the subdivision, its occupancy and other conditions make feasible.
D.
In the event a subdivider desires to plant, irrigate and maintain trees within the planting strip area of a new subdivision, he or she may apply to the director for a permit. The director may issue such a permit, but only after the subdivider has posted a performance bond guaranteeing the faithful performance of all irrigation and maintenance for a 2-year period. Such bond shall be of an amount equal to the cost of planting, irrigation and maintenance as determined by the director. All such planting shall be done in accordance with the planting specifications governing the planting of trees in planting strips and adopted as such by resolution of the council of the city.
E.
Any proposed change in a public street right-of-way direction or width, or any proposed street improvement shall, where feasible, include allowances for planting strips. Plans and specifications for planting such areas shall be integrated into the general plan of improvements and it shall be the duty of the city engineer to coordinate the design of such improvements with the park and planning departments prior to completion of final overall plans. When the planting strip is situated between the inside edge of the sidewalk and the property line, an easement of 6 feet behind the sidewalk shall be retained or obtained where possible. Where easements are granted in this pattern, trees may be planted therein.
F.
It shall be the responsibility of the property owner to properly maintain all planting strips fronting on his or her property regardless of whether such property is developed. This maintenance shall include keeping such strips free from weeds or any obstructions deemed contrary to public safety and in conformance with the official plan. The placing of tar paper, plastic or other material over the ground, or the use of materials or chemicals intended to permanently sterilize the soil in these strips is prohibited.
(Ord. 1174 § 4)
A.
The city shall, at its own cost and expense, inspect, maintain and, when necessary, remove and replace trees in public areas and planting strips, except for the 2-year period in new subdivisions covered in Section 12.20.060(B) and (C).
B.
The director is hereby made responsible for the inspection, maintenance, removal and replacement of all official, specimen and historic trees within planting strips as defined herein.
C.
The director may cause the roots of young trees in the process of development to be cut to prevent future sidewalk lifting. Roots on older trees that have lifted sidewalks may be cut. Overhead limbs may be pruned or cut back to compensate for loss of root area.
D.
The director may remove overhead limbs from any tree, regardless of the location of such tree, if in his or her opinion such removals are necessary in the interest of public safety. In the event such trees are on private property, the director shall notify the property owner, of such intent to remove limbs, by written notice at least 10 days prior to such removals, except in the case of manifest public danger and immediate necessity.
E.
The director shall have full authority to remove or replace, as needed, any tree or other existing improvements within the planting strip which does not conform to any section of the adopted master street tree plan for planting and maintenance of trees.
(Ord. 1174 §§ 3, 5)
Nothing in this chapter shall be deemed to impose any liability upon any member of the city council or the city, or any of its officers or employees, nor to relieve the owner and occupant of any private property from the duty to keep his or her private property, sidewalks and planting strip in front of such private property in a safe condition, and so as not to be hazardous to public travel.
(Ord. 1174 § 5)
A.
Whenever a property owner desires to have a tree removed from a planting strip he or she or his/her agent shall apply to the park department for a permit for such removal. If the tree is found to be in good condition and the permit is granted solely for the convenience of the applicant, then the full cost of such removal shall be borne by the applicant.
B.
No person shall, without a written permit from the director remove, trim, prune or cut any tree planted or maintained by the city in public areas or planting strips. Upon permission being granted to any person for the purpose of trimming, pruning, cutting or removing any tree, all such work shall be done within a 60-day period and under the general supervision of and in accordance with standards outlined in the city master street tree plan. Where trees are removed, all stumps, including underground portions to a depth specified by the director, shall be removed during such operations.
(Ord. 1174 §§ 5, 6)
Any person engaged in the business of removing city trees shall carry public liability and property damage insurance in an amount to be determined by the city council, and policies or certificates thereof shall be filed with the city clerk. Where deemed advisable, the park department may require the posting of a performance bond in an amount equal to the cost of the proposed job, which bond shall guarantee the completion of the job in accordance with rules established by the director.
(Ord. 1174 § 6)
No person shall interfere or cause any person to interfere with any work being done under the provisions of this chapter by any employee of the city or any person or firm doing work for the city on bid, hire or assignment.
(Ord. 1174 § 6)
It is unlawful for any person to injure or destroy any tree planted or maintained by the city in public streets or planting strips by any means, including but not limited to the following:
A.
Constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any tree so as to shut off air, light or water from its roots.
B.
Piling building equipment, material or other substance around any tree so as to cause injury.
C.
Pouring any deleterious matter on or around any tree or on the surrounding ground, lawn or sidewalk.
D.
Posting any sign, poster, notice or otherwise on any tree, tree stake or guard, or by fastening any guy wire, cable, rope, nails, screws or other device to any tree, tree stake or guard.
E.
Cause or permit any wire charged with electricity to come in contact with any tree without having first obtained a written permit from the park director.
F.
Cause or encourage any fire or burning near or around any tree.
(Ord. 1174 § 6)
A.
In order to provide for coordinating the multiple use of all street improvements, plans and specifications for street planting proposed by the park department shall be submitted to the city engineer, traffic engineer and planning director for their recommendations, and such recommendations shall be made within 30 days after receipt of such plans and specifications.
B.
To facilitate the planting and maintenance of trees in new subdivisions, the planning director shall advise and cooperate with the director in carrying out the provisions of this chapter.
(Ord. 1174 § 7)
An appeal to the city council from any action of the director may be made by filing a written notice thereof with the city clerk within 10 days after such action is taken. The appeal shall clearly specify the reasons for which a hearing by the city council is requested. The city clerk shall thereupon place such appeal on the agenda of the city council for its next regular meeting, at which time the applicant and the director may present evidence.
(Ord. 1174 § 8)
This chapter is intended to give, and does hereby give, full and complete authority to the park department and the park director over any and all official, specimen and historic trees now planted and growing, or hereafter to be planted and grown upon any and all streets and planting strips in the city.
(Ord. 1174 § 9)