This chapter is adopted to preserve, protect and promote the
public health, safety, peace, comfort, convenience, prosperity and
general welfare. More specifically, this chapter is intended to achieve
the follow-ing:
A.
To
provide a comprehensive plan for the planting, replanting, removal
and maintenance of trees within designated public streets, including
arterial and collector streets and streets providing access to public
facilities;
B.
To
establish and maintain a pattern of street trees within all public
streets which will enhance the living and working area of the city,
enhance real property values, conserve energy, reduce glare, diminish
the effects of vehicular noise, and avoid hazards to street improvements
and to public safety occasioned by trees which are of such physical
location or condition as to constitute a public nuisance.
(Ord. 92-89)
For the purpose of this chapter, the following definitions shall
apply unless the context clearly indicates or requires a different
meaning.
means the city of Lathrop, California.
means the city manager of the city of Lathrop.
means the planning director of the city of Lathrop.
means the public works director of the city of Lathrop.
means the legal owner of real property fronting on any street
of the city of Lathrop, and any lessee of such owner.
mean the parks and recreation commission of the city of Lathrop.
shall include an individual, firm, association, corporation
or co-partnership, and the lessees, trustees, receivers, agents, servants
and employees of any such person.
means all roads streets, avenues, boulevards, alleys, parkways
and other public rights-of-way, or any portion thereof, of the city
of Lathrop.
means any woody plant which normally has one stem or trunk
bearing lateral branching and foliage, or a crown of foliage, well
above the ground level at maturity.
(Ord. 92-89)
A.
The parks and recreation commission shall prepare and recommend, and the city council shall adopt by resolution a comprehensive plan for the planting and maintaining of trees within public streets of the city, which plan shall be designated as the comprehensive street tree plan. The plan shall include those public streets identified under Section 12.16.010(A) which, in the commission's judgment, bear a relationship to the purposes of this chapter. The plan shall be so prepared that all appropriate public streets may be included in the plan. The plan shall consist of a written statement, maps and such detailed designs as may be appropriate, setting forth or depicting the following:
1.
The
specific types of trees to be planted and maintained, including their
desirable spacing and location;
2.
The
identification of those existing trees which should be retained;
3.
The
identification of those trees which may constitute a hazard or public
nuisance, and which may require substantial maintenance or removal.
B.
In preparing initial and subsequent versions of the comprehensive street tree plan, the commission and city council may limit the plan's content to only that information required under subsection (A)(1) above. It is the intent of this section that the plan shall be developed gradually in recognition of the practical problems associated with fulfilling all requirements of this section within any specified period of time.
(Ord. 92-89)
The parks and recreation commission shall prepare and recommend,
and the city council shall adopt by resolution, a master list of guidelines
for acceptable trees that are suitable for implementing the comprehensive
street tree plan, and for the planting of trees within all other public
streets not included in the comprehensive plan. The master guidelines
shall be prepared and adopted within three months after the adoption
of this chapter. In preparing and amending the master guidelines,
the commission shall consult with persons who by reason of training
and experience, have expertise in the selection, planning, planting
and maintenance of trees that are well suited to local climatic and
soil conditions. Upon its adoption, the guidelines shall be known
as the "Master Guidelines for Trees," and shall be placed on file
in the office of the city clerk and the offices of the public works
director, planning director and administrative services manager. Revisions
or changes to the master guidelines may be made in the same manner
described hereinabove for the preparation, adoption and filing of
the original master guidelines.
(Ord. 92-89)
All trees hereinafter planted within a public street within
the city shall conform as to type, species, spacing and location as
prescribed by the comprehensive street tree plan, if applicable, or
by the master guidelines for trees. Projects requiring approval of
the city planning department or the city planning commission under
provisions of site plan review as prescribed by the city's zoning
code shall conform to the requirements of this section.
(Ord. 92-89)
Any tree which is removed by a property owner under the provisions of this chapter shall be replaced by the property owner in accordance with the provisions of the comprehensive street tree plan or master guidelines for trees, whichever is applicable. Where required, replacement shall be made at the expense of the property owner within 90 days of obtaining a permit for the removal of the original tree as prescribed under Section 12.16.070.
(Ord. 92-89)
No person shall plant, remove, injure or interfere with any tree upon the public streets of the city without the prior written permission of the public works director. The director of public works is authorized to grant such permission at his or her discretion, as being necessary; provided, however, that a permit to remove a tree shall not be granted until the parks and recreation commission has reviewed the proposal in the manner prescribed under Section 12.16.080; and further provided, that a removed tree shall be replaced by an approved tree in the manner prescribed under Section 12.16.060. A permit to remove a tree shall be valid for a period not to exceed 90 days after its date of issuance.
(Ord. 92-89)
Any tree growing in a public street which is endangering or
in any way may endanger the security or usefulness of any public street,
or of any underground or overhead utility, may be declared a public
nuisance by the public works director, and the public works director
may cause such tree to be pruned, thinned, cut back at the roots,
or removed, or to permit any affected public utility to do so. Before
taking such action, the public works director shall notify the parks
and recreation commission, the city council and affected property
owner. The commission or property owner may, within 10 days of receiving
notice, appeal such proposed action to the city council. The city
council shall hear such appeal and shall have final authority over
any appeal. The public works director may cause a street tree to be
trimmed, pruned or removed without benefit of appeal when the condition
of the tree is so hazardous as to constitute an immediate and significant
danger to the public. Conditions warranting such action include serious
damage to the tree incurred through vehicular collision, fire, explosion
or other casualty, or by an act of God or the public enemy.
(Ord. 92-89)
It shall be a violation of the provisions of this chapter to
abuse, destroy or mutilate any tree within a public street, or to
attach or place any rope or wire (other than as required to support
a young or broken tree), sign, poster, handbill or other material
to any tree growing within a public street, or to cause or permit
any wire charged with electricity to come in contact with any such
tree, or to allow any gaseous, liquid or solid substance which is
harmful to such tree to come in contact with its roots or leaves.
(Ord. 92-89)
It shall be the responsibility of the public works director
to determine requirements for and to implement a program of maintenance
of street trees located within the rights-of-way of public streets
within the city. Such program shall include the phased removal of
inappropriate or dying trees, and the trimming, pruning, spraying
and other appropriate required for maintaining street trees in a healthy
condition.
(Ord. 92-89)
It shall be the responsibility of the public works director
to identify and determine trees and shrubs which are located on private
property which overhang or project into a public street so as to constitute
a hazard or an impediment to the progress or vision of anyone traveling
on such street, and including the location of trees and shrubs located
wholly on private property which block the vision of vehicular traffic
at intersections. The public works director shall cause such trees
and shrubs to be thinned, pruned or removed; provided, however, that
such action shall not be taken until the owner or agent of the owner
of the affected property has been notified in writing of the impending
action at least 10 days before the action is to be taken. Within seven
days of the receipt of such notice, the owner or agent of the owner
may file an appeal with the public works director and the public works
director shall not take any action with respect to the affected trees
or shrubs until the owner or his or her agent is given a reasonable
opportunity to be heard in support of his or her appeal. The decision
of the public works director shall be final unless the matter is further
appealed by the owner or agent of the owner to the city council.
(Ord. 92-89)
All trees and shrubs growing on private property within the
city which are infested or infected with parasites or insect pests
and which, unless exterminated, are likely to spread to and severely
injure or destroy trees and shrubs on neighboring property, within
the surrounding neighborhood or within the community as a whole, are
declared to be a public nuisance. It shall be the responsibility of
each and every owner of property where such a nuisance exists to abate,
or cause such nuisance to be abated, without delay, by the extermination
of all such parasites or insect pests from all such infested or infected
trees and shrubs growing on such property. Abatement is recommended
by the application of insecticides, fungicides or other methods or
by removal of the tree or shrub if such methods will not on be adequate
to accomplish abatement.
(Ord. 92-89)
Whenever the public works director shall find any tree or shrub growing on private property to be infested or infected as described under Section 12.16.120, or to be an obstruction to vision as described under Section 12.16.110, the director shall give notice to the owner or his or her agent on requirements for abatement without delay, and that failure to act of the part of the owner within 60 days of receipt of notice to abate may result in an action to abate by the city with the costs of such action to be assessed by the city as a lien against the property. Notice to the property owner shall be in writing, indicating the date on which the city council shall hold a public hearing to determine whether cause exists to require abatement by the city. The notice shall be mailed to all owners of property as shown on the latest property tax roll of San Joaquin County as owning property within 300 feet of the boundaries of the property or properties where the public nuisance has been determined by the director to exist. At the public hearing, the city council shall accept all relevant testimony, both pro and con, together with the findings and recommendations of the director, and shall consider such testimony in its action to uphold or to deny the recommendations of the director. Upon a finding for abatement by the city, the city council shall order the director to abate the nuisance. In carrying out the orders for abatement, the director shall spray or cause to have removed the infested or infected trees and shrubs, and shall maintain records of costs incurred for abatement actions with respect to each separately owned property involved. Notices of the costs to be assessed each owner shall be filed with the city clerk and mailed to the affected property owner(s).
(Prior code § 98.13)
The notice mailed under the provisions of Section 12.16.130 shall indicate the time and date when the city council will consider and confirm the list of owners on whom assessments are being levied for the costs of abatement of public nuisances under this chapter. Any aggrieved party may appear before the city council on that date and be heard. Following such hearing, the council may remedy and correct any error and revise and correct any of the acts of the director in abating the nuisance, and may amend the proposed assessment in such manner as the council may deem to be just and equitable. Grounds for amendment, other than error, may include work which is not performed in a good and workmanlike manner. The council may direct the director to perform additional field work to correct deficiencies in the abatement process. All decisions of the city council shall be final and conclusive. When conformed, the assessment shall, become and remain a lien upon the properties stated therein until paid. Any property owner may, at any time prior to September 1st, following the confirmation of assessment by the city council, pay the amount assessed against his or her property at the office of the city clerk, and the lien thereof against the property affected shall be released. On or after September 1st following the confirmation of assessment, the city auditor shall enter and extend the amounts of assessment remaining unpaid against the respective lots or parcels of land shown on the city's tax roll, and the tax collector shall include the sums on the bills for such taxes. Thereafter, such amounts shall be collected at the same time and in the same manner as general city property taxes are collected and shall be subject to the same penalties and the same procedure and sale in the event of delinquency. All laws applicable to the levy, collection and enforcement of city taxes shall be applicable to such special assessments.
(Ord. 92-89)
During the erection, repair, alteration or removal of any building or structure in the city, no person in charge of such work shall leave any street tree without good and sufficient safeguards or protectors as shall prevent injury to such street tree. Any monetary losses sustained by such construction activity shall be assessed for such loss in the manner prescribed under Sections 12.16.130 and 12.16.140.
(Ord. 92-89)
Nothing contained in this chapter shall be deemed to impose
any liability upon the city, its officers or employees, nor to relieve
any private property owner from the duty to avoid violating any of
the applicable provisions of this chapter.
(Ord. 92-89)
The public works director is charged with the responsibility
for the enforcement of this chapter, and may serve notice to any person
in violation thereof or institute legal proceedings as may be required,
and the city attorney is authorized to institute appropriate proceedings
to that end.
(Ord. 92-89)
Any person violating any provision of this chapter shall be
guilty of an infraction. The penalty for such violation shall be as
follows:
A.
A fine
of $50 for the first violation;
B.
A fine
of $100 for the second violation within one year;
C.
A fine
of $250 for each additional violation within one year.
(Ord. 92-89)
