Mill Valley, lying at the base of Mt. Tamalpais, derives much of its character and beauty from its large, majestic trees and natural setting. The preservation of these trees enhances Mill Valley's natural scenic beauty and creates the identity and quality of the community. Therefore, it is necessary to enact regulations controlling the removal and preservation of trees within the City.
(Ord. 1186 § 1, March 3, 2003; Ord. 1346 § 2, September 7, 2023)
It is hereby declared to be the policy of the City of Mill Valley to regulate and control the planting, transplanting, removal, maintenance, and protection of trees and shrubs in the City in order to eliminate and guard against dangerous conditions which may result in property damage or injury to persons using streets, alleys, sidewalks, or any other property of the City of Mill Valley; to promote and enhance the visual appearance and beauty of the City; to prevent damage to any sewer or water main, street, sidewalk, or other property; to protect trees and shrubs located in public areas from undesirable or unsafe planting, removal, treatment, and maintenance practices; and to guard against spread of disease or pests within the City.
(Ord. 999 § 3, November 15, 1982; Ord. 1186 § 1, March 3, 2003; Ord. 1346 § 2, September 7, 2023)
Whenever the following words or terms appear in this chapter, they shall be construed to have the following meanings:
Heritage Tree.
"Heritage tree" shall have the meaning provided in Section 20.67.020 of this Code.
Person.
The word "person" shall mean person, firm, association, or corporation.
Public Trees and Shrubs.
The words "public trees and shrubs" shall mean all trees or shrubs located or to be planted on any park, playground, or other property owned or controlled by the City, or upon any public street, parkway, alley, sidewalk, or highway within the public right-of-way.
Tree Committee.
The committee shall consist of one staff member from the Department of Public Works, one staff member from the City Planning Department, and one representative from the Parks and Recreation Commission.
(Ord. 1186 § 1, March 3, 2003; Ord. 1346 § 2, September 7, 2023)
The Department of Public Works shall be responsible for studying tree planting and replacement, together with the proper care and treatment of shrubs and trees; recommending the removal of undesirable trees and shrubs and their replacement with more desirable types; investigating applications for trimming or removal of trees to ascertain if they should be granted, and to make recommendations thereon. The Department of Public Works shall also be responsible for all work pertaining to public trees and shrubs. The Department of Public Works shall direct, regulate, and control the planting, care, and removal of all public trees and shrubs within the City and shall cause the provisions of this chapter to be enforced. In cases of obvious emergency, the Department of Public Works shall proceed with proper steps to alleviate the situation, particularly if danger to persons or property exists, and shall report such activities to the Director of Public Works. The Department of Public Works shall supervise and direct all work pertaining to public trees and shrubs whether the work is done by City employees or private businesses hired for this work.
(Ord. 570 § 1, November 15, 1982; Ord. 1186 § 1, March 3, 2003; Ord. 1346 § 2, September 7, 2023)
A. 
Permit Required. No person, except City employees working under supervision of the Department of Public Works and in accordance with this chapter, shall plant, remove, replace, trim, brace, or in any manner alter or destroy public trees and shrubs without first obtaining a permit as hereinafter set forth. Provided, however, that public utility companies rendering service within the City of Mill Valley shall be authorized in cases of immediate emergency to cut, remove, or trim any tree or shrub so far as may be necessary to protect the physical property of such public utility company from injury, or to prevent any disruption of service which the company provides.
B. 
Permits. Any person who desires to plant, remove, replace, trim, brace, or in any manner alter public trees and shrubs, shall file an application for a permit with the Department of Public Works, except where an exemption applies under subsection F of this section. The application shall be accompanied by the appropriate filing fee as established by resolution of the City Council. All work to be done under the permit shall be done at the applicant's expense. The Department of Public Works shall be notified 48 hours in advance of commencement of work.
C. 
Public Notice. The City shall provide public notice when considering authorization for the removal of any public tree over 20 inches in diameter, measured four feet above the ground; or for any tree that, in the opinion of the Department of Public Works, may have significant value to the neighborhood and/or community. Such notice shall be posted on or near the tree 10 days prior to the ruling and shall be mailed to the owners of the property (as identified on the latest equalized assessment roll) within 300 feet of the tree.
The notice shall contain:
1. 
A brief description of the tree to be removed and its location.
2. 
The address where copies of the permit application are to be available for public review.
3. 
Methods of public response.
4. 
Date the decision will be made and where the decision results may be obtained.
D. 
Standard of Issuance. The Department of Public Works shall consider the history of the tree or types of trees when making a decision regarding the permit for tree removal. In the instance of the tree being in excess of 20 inches in diameter, the decision will be made by the Tree Committee. Removals shall be allowed when characteristics of a tree are so undesirable that the negative factors clearly outweigh any positive effects to the community that would result if the tree were retained. The permit may contain reasonable conditions including, but not limited to, provisions for the replacement of such trees, initial maintenance of such replacement trees, protection of the traveling public and road improvements, and a fee to be paid to defray the cost of any necessary inspections.
E. 
Appeals. Decisions of the Department of Public Works or Tree Committee regarding permits may be appealed to the Parks and Recreation Commission within 15 days of the decision to approve or deny the permit. No tree shall be removed prior to the expiration of this appeal period. The appeal will be heard at a regularly scheduled Commission meeting. The applicant and any other interested parties shall have the right to attend and be heard. The appeal shall be conducted by the Commission, which may affirm, modify, or reverse the prior action. The decision of the Parks and Recreation Commission shall be final.
F. 
Exemptions. Modifications to public planting areas proposed as part of a development review application subject to regulations set forth in Chapter 20.66 or the removal of a public heritage tree are exempt from this chapter and shall be subject to regulations as set forth in Chapter 20.67. Such proposals shall include written documentation as per Section 20.67.040 for review and comment by the Department of Public Works as part of the development review and approval process outlined in Chapter 20.67. No tree or vegetation removal work shall be performed by any licensee in the public right-of-way before all approvals are granted and executed, including but not limited to tree removal permits, encroachment permits, grading permits, right-of-way agreements, or landscape maintenance agreements.
(Ord. 1186 § 1, March 3, 2003; Ord. 1346 § 2, September 7, 2023)
A. 
Injury to Trees and Shrubs Prohibited. No person shall do, or cause to be done by others, any of the following acts on any public tree or shrub:
1. 
Secure, fasten, or run any rope, wire, sign, unprotected electric installation, or other device or material to, around, or through a tree or shrub.
2. 
Break, injure, deface, destroy, or permit any fire to burn where it will injure any tree or shrub.
3. 
Permit any toxic chemical, gas, salt brine, oil, or any other injurious substance to be emptied on or about any tree or shrub, or emptied or spilled where it may drain or seep around any tree or shrub.
4. 
Excavate any ditch, tunnel, or trench, or lay any drive within one-half the radius of the drip line of any tree or shrub.
5. 
Erect, alter, repair, or raze any building or structure without placing suitable guards around all nearby trees or shrubs that may be injured by such operations.
6. 
Knowingly permit any unprotected electric service wires to come in prolonged contact with any tree or shrub.
7. 
Remove any guard, stake, or other device or material intended for the protection of a tree or shrub or obstruct any open space about the base of the tree or shrub designed to permit access of air, water, or fertilizer.
B. 
Trees and Shrubs to Be Kept Trimmed. Trees and shrubs standing in or upon any public right-of-way between the lot line and the curb or edge of the improved street, and trees and shrubs standing upon any private property adjacent to any public street, park, parkway, playground, walkway, pathway, or utility right-of-way, shall be kept trimmed by the owner, or owners, of the premises on, or in front of which, such trees or shrubs are standing so that the lowest branches projecting over such public properties provide a clearance of not less than eight feet, and to 15 feet or higher over any roadway or paved or unpaved shoulder. No fee shall be required to obtain a permit for such trimming under Section 12.04.040.
C. 
Obstructions of View at Intersections Prohibited. No person shall maintain, plant, or permit to remain on any private property or adjacent public right-of-way situated on any curved streets or at the intersection of two or more streets, alleys, or driveways, trees, bushes, shrubs, hedges, or other growth which obstructs the view of the operator of any vehicle approaching an intersection or curve, to the extent that such operator is unable to observe other vehicles, bicyclists, or pedestrians approaching or crossing such intersection or curve. At such locations, lower tree branches must be kept trimmed to eight feet for sidewalks and 12 feet for streets. Hedges, bushes, or shrubs must be limited to four feet in height for a distance of 50 feet from any intersection or curve, or for such a distance and height as determined to be necessary for intersection and curve visibility by the City Engineer. Any tree, bush, shrub, or hedge not kept trimmed in such a way that visibility is provided at curves and intersections is hereby declared a public nuisance.
D. 
Authority Over Private Trees, Shrubs, or Plantings. Whenever a tree, shrub, or planting is on private property, in whole or in part, and is determined to be a public nuisance, or which endangers life, health, or safety of the public; or which has become infested with parasites, insect pests, or disease which may spread to public trees, bushes or shrubs, or causes damage to any sewer or water main, street, sidewalk, or other public property, the Department of Public Works shall notify the owner or their agent in writing that the nuisance shall be abated as directed in the notice within the time specified. Should the owner, or their agent, refuse to comply with the notice within the time specified, the Department of Public Works shall cause the nuisance to be abated in whatever manner is necessary, the expense thereof to be a special assessment against the property upon which the nuisance was located.
(Ord. 570 § 1, September 3, 1963; Ord. 1186 § 1, March 3, 2003; Ord. 1346 § 2, September 7, 2023)
Whenever trees, bushes, or shrubs are declared a nuisance as defined in this chapter, the Department of Public Works shall cause notice to be given in writing, either by personal service or United States Mail, to the owner or occupant of the property upon which such nuisance exists, of the declared nuisance, directing the owner or occupant to have the nuisance removed. If the owner or occupant of the premises fails to comply with the notice, the City of Mill Valley shall have the right to abate such nuisance and to enter upon private property when necessary to do so, and to take all steps required to abate said nuisance. All costs incurred by the City of Mill Valley to abate said nuisance shall be a charge against the person, firm, or corporation who caused, or who causes, such nuisance to exist, or be maintained, and the City shall have the right to bring a court action to collect from such person, firm, or corporation all of the charges incurred in abating the nuisance.
(Ord. 1346 § 2, September 7, 2023)
Violations of this chapter are hereby declared to constitute a public nuisance and shall be punishable as misdemeanors or infractions, with penalties not to exceed the amounts set forth in Government Code Sections 36900 and 36901, at the discretion of the City's designated code enforcement official following consideration of the severity of the violation. Continuing violations shall constitute a separate offense for every day the violation occurs or continues. In addition, violators shall be liable for all costs associated with taking corrective action deemed reasonably necessary as the result of a violation of this chapter, including the planting of replacement trees, erosion control, and slope stabilization. At the City's option, any necessary corrective action may be undertaken pursuant to the nuisance abatement procedures set forth in Chapters 8.04 and 20.67 of this Code. In addition, the City may pursue any other available legal or equitable remedies.
(Ord. 570 § 1, September 3, 1963; Ord. 1186 § 1, March 3, 2003; Ord. 1261 § 8, November 4, 2013; Ord. 1291 § 4, May 1, 2017; Ord. 1346 § 2, September 7, 2023)