This ordinance establishes policies, regulations, and standards necessary to ensure that the city will continue to realize the benefits provided by its urban forest. The provisions of this ordinance are enacted to:
A. 
Establish and maintain a reasonable amount of tree cover on public and private lands in the city;
B. 
Maintain city trees in a healthy and non-hazardous condition through good arboricultural practices;
C. 
Establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest;
D. 
To promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the city;
E. 
To recognize, designate and protect landmark trees; and
F. 
To avoid improper tree selection, planting and maintenance.
(Prior code § 18-5; Ord. 3997 § 1, 1986)
The city shall have jurisdiction over the planning, planting, maintenance, alteration, and removal of all trees, shrubs, and landscape materials in public areas in accordance with the provisions of this chapter. The city manager or designee is to administer the provisions of the ordinance and related policies. Administrative responsibilities shall include the following:
A. 
Preparing an annual program budget for tree planting, maintenance, and removal in public areas of the city;
B. 
Inventorying all existing trees in public areas;
C. 
Directing municipal tree care operations;
D. 
Evaluating and approving permits for activities that may affect trees;
E. 
Conducting an ongoing program of public outreach and education in order to promote public understanding of the city's urban forest and public adherence to the standards and procedures established under this chapter;
F. 
Enforcing ordinance provisions;
G. 
Inspecting the planting, maintenance and removal of all trees in public areas;
H. 
Making determinations of tree removals in public areas;
I. 
Reviewing all landscaping plans as they affect trees in public areas;
J. 
Preparing and maintaining all necessary maps, plans and records relating to the various functions carried on under this chapter; and
K. 
The city manager or designee shall report to the city council annually on the work and activities carried on under the provisions of this chapter.
(Ord. 3997 § 1, 1986; Ord. 4556, 1997)
For purposes of carrying out the intent of this chapter, words, phrases and terms used in this chapter shall have their ordinary meaning unless defined otherwise as follows:
"Alter"
means to change such as prune, graft, remove limbs, or perform root or tree surgery.
"City manager"
means the city manager or designee.
"Injure"
means any act damaging a tree, shrub or landscape materials such as cutting, carving, transplanting, poisoning, breaking or uprooting.
"Landmark tree"
means any tree designated as such pursuant to this chapter because of unique, special or historic characteristics.
"Landscape materials"
means any organic or inorganic substance used for landscaping, including ground cover such as grass turf, or similar plant materials.
"Parkway"
means that area between the sidewalk and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and the property line adjacent thereto.
"Person"
means any individual, firm, partnership, association, corporation, company, or other legal entity.
"Public area"
means city parks, playgrounds, parkways, public places serving city public buildings, and similar areas owned by the city.
"Remove"
means to intentionally cut down a tree, shrub or landscape materials, or negligently act to cause the same to decline or die within a period of three years, including but not limited to, damage inflicted upon root systems by applying toxic substances, operating heavy machinery, changing the natural grade above or below the root system, excessive pruning, or severing all of or part of a trunk or root system.
"Shrub"
means wood vegetation or a woody plant having multiple stems and bearing foliage from the ground level up.
"Sidewalk"
means any city owned or controlled area provided for the exclusive use of pedestrians and includes, but is knot limited to, pathways, trails and alleys.
"Street"
means all that area dedicated to public use for public street purposes, including roadways, bicycle paths and alleys.
"Topping"
means severely cutting back limbs to stubs larger than three inches in diameter within a tree's crown to such a degree that the canopy of the tree is removed or disfigured.
(Ord. 3997 § 1, 1986; Ord. 4110 § 1, 1988; Ord. 4556, 1997)
The purpose of this section is to provide information in the form of requirements that will result in safe and healthy trees that contribute to a quality environment rather than to create problems. All standards and specifications shall be reviewed at least every five years. Standards and specifications for planting, maintenance and removal of trees required by this chapter shall be fixed by resolution of the city council, including:
A. 
Permissible parkway tree list;
B. 
Specifications for acceptance of nursery trees;
C. 
Tree planting standards;
D. 
Tree planting and staking detail;
E. 
Pruning standards;
F. 
Tree and stump removal specifications.
(Ord. 3997 § 1, 1986; Ord. 4110 § 1, 1988; Ord. 4556, 1997)
It is unlawful for any person to top any tree located in public areas. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempt from this section at the discretion and written permission of the city manager or designee.
(Ord. 3997 § 1, 1986; Ord. 4556, 1997)
No person shall cut or otherwise injure trees, shrubs or landscaping in any public area within the city without the express written consent of the city manager or designee. It is also unlawful for any person, without the express written consent of the city manager or designee, to:
A. 
Intentionally damage, break, cut, carve, mutilate, kill, injure or destroy any city tree;
B. 
Transplant or remove any city tree;
C. 
Attach any rope, wire, nails, advertising posters, sign or other contrivance to any city tree;
D. 
Allow to come in contact with the roots, leaves, bark or any part of any city tree any gaseous liquid or solid substance harmful to such tree; or
E. 
Cause or permit any wire charged with electricity to come in contact with any city tree;
F. 
Place or maintain any type of ground cover or plant materials within three feet of the base of any tree planted in a parkway; or
G. 
Place or maintain any concrete, asphalt, tar paper or plastic membranes or other types of impervious materials in the parkway in such close proximity to a city tree as to impede the movement of soil, air and water which are necessary to sustain tree growth and development;
H. 
Plant or set out any tree within the public right-of-way without first procuring a permit from the city manager or designee, and completing a tree maintenance agreement which may be requested from the public works department. No tree shall be planted in the public right-of-way or overhang any city street unless the tree is on the permissible parkway tree list, or as is specified in writing by the city manager or designee. Any planting to be conducted shall be in accordance with instructions on the parkway tree planting standards, and tree planting and staking detail;
I. 
Make any excavation, place any fill, compact the soil, or construct any structure, walkway, driveway, pavement or public utility within fifteen feet of any city tree without first obtaining a permit for such work from the city manager or designee and conducting such work in accordance with such permit. As a condition of issuing such permit, the city manager or designee shall require that the work be done in accordance with such generally accepted arboricultural specifications and standards of practice necessary to protect the vitality of the tree.
(Ord. 4556, 1997)
A. 
Any application for a permit required by Sections 9.56.050 or 9.56.060 shall be on a form as provided by the city manager or designee and filed with the same and shall contain the following:
1. 
The name and address of the applicant;
2. 
The address or location where the work is to be performed;
3. 
A detailed description of the work to be performed;
4. 
The date of commencement and completion of any such work;
5. 
The name and address of any person or persons employed by or contracting with the applicant for the performance of the work, if applicable;
6. 
A statement that the applicant will hold the city harmless from any damage to any property or bodily injury or death caused in any way by the performance of any work for which such a permit is issued.
B. 
The city manager or designee may require that the applicant submit a certificate of public liability insurance covering proposed activities in amounts as required by city. The policy or policies of insurance, or certificates thereof, shall be filed with the city clerk prior to the issuance of the permit and such applicant shall keep said insurance in full force and effect during the term of the permit.
C. 
The city manager or designee may issue a permit only if the following conditions are met:
1. 
The applicant has demonstrated that the proposed alteration or removal is justified to the satisfaction of the city manager or designee;
2. 
In the case of the proposed alteration or removal of a tree, the applicant shall demonstrate to the satisfaction of the city manager or designee that the person actually performing the work is familiar with tree care standards promulgated by the International Society of Arboriculture Western Chapter Pruning Standards.
3. 
In the case of the proposed alteration or removal of a tree, the city manager or designee may consider the following factors in determining whether to issue a permit:
a. 
The extent of possible damage to the tree;
b. 
The health of the tree;
c. 
Desirability of a particular species in a particular location;
d. 
Whether the size and condition of the tree will result in significant damage to property;
e. 
The condition and quantity of other trees in the vicinity.
D. 
All work performed pursuant to a permit issued by this section shall be completed no later than thirty days from the issuance of said permit, or within a longer period as the city manager or designee may specify.
E. 
The city manager or designee may condition the issuance of any permit granted pursuant to this section as he/she determines to be reasonable, necessary and legally justified.
F. 
The city manager or designee is authorized to suspend or revoke a permit issued pursuant to this section if work performed thereto does not comply with any provision contained in this code or any condition imposed pursuant to this chapter.
G. 
Contractors shall submit a copy of a city business license and a California State Contractors' license (C61/D-49) as required by state law to the city manager or designee.
(Ord. 4556, 1997)
A. 
Property owners shall water trees in public areas whenever their landscaping deprives such trees of adequate moisture levels.
B. 
Property owners shall refrain from any activity on private or public property resulting in injury to any trees, shrubs or landscape materials in public areas, including damage which may be caused by soil compaction or contamination. Any person engaging in an activity on private or public property which may potentially injure any trees, shrubs or landscape materials in public areas shall consult with the city manager or designee prior to such activity and first comply with guidelines as established by the same. Such guidelines shall be kept on file with the city manager or designee.
C. 
Property owners shall remove overgrown trees, shrubs, landscape materials and weeds on their property encroaching in public areas.
D. 
An owner or occupant of any corner lot shall keep shrubs and landscape materials at the corners of intersecting streets to trimmed that the height of same shall not exceed forty-two inches above the curb level for a distance of fifteen feet measured horizontally in any direction from the point of intersection of the property lines at street corners.
(Ord. 4556, 1997)
A. 
The owners of lots or portions of lots fronting on any portion of a public street or area shall maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those areas.
B. 
The owners of lots or portions of lots fronting on any portion of a public street or area shall maintain any parkway in such condition that the parkway will not endanger persons or property, nor will it interfere with the convenience of the public in the use of the parkway.
C. 
Place or maintain within any parkway, or portion thereof, any solid landscaping, decorative materials or plants, including but not limited to, large rocks, driftwood or planters made of tile or concrete pipe sections, which protrude more than twenty-four inches above the level of curb and sidewalk and which are continuous with the length of the parkway, or otherwise tend to block the free movement of pedestrians across the width of the parkway strip.
(Ord. 4556, 1997)
Not withstanding Section 9.56.020, no owner of any lot, place, premises or area within the city, or any agent of such owner, shall install, permit or maintain any tree, shrub, landscaping or hazardous obstacle as follows:
A. 
In the corner setback area subject to yard requirements as described in this code, any tree, shrub, or other obstruction exceeding forty-two inches above the curb grade;
B. 
On any property within the city, any tree shrub, landscaping or hazardous obstacle which blocks pedestrian or vehicular city streets, alleys, sidewalks or other public rights-of-way. For purposes of this section, visibility or passage will be presumed blocked where vertical clearance is less than thirteen and one-half feet for streets and alleys, and less than seven feet for sidewalks; or
C. 
On any property within the city, any tree, shrub or landscaping which causes damage to public areas or encroaches into drainage and sewer easements.
(Ord. 4556, 1997)
The following are hereby declared public nuisances:
A. 
Any diseased, infested, dead or dying tree, shrub or other plant on private property so near to any city tree as to constitute a danger to such tree, or to any street or portion thereof;
B. 
Any tree, shrub or ground cover on any private property or within the parkway of a type of species apt to destroy, impair or otherwise interfere with any approved city tree, street improvement, sidewalk, curb, gutter, sewer or other public improvement, including any main or service;
C. 
Any vines, climbing plants, trees or shrubs growing into or over any city trees or any public hydrant, pole or electrolier;
D. 
The existence of any tree on private property within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scales, fungus or growth injurious to trees;
E. 
The existence of any branches or foliage on private property which interferes with the visibility on, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel;
F. 
Any shrubs or plants more than twenty-four inches in height in the parkway, or portion thereof, measured above top of curb grade;
G. 
The construction or maintenance of any type of wall or fence around or within any parkway or portion thereof.
(Ord. 4556, 1997)
When any public nuisance as defined herein exists, it shall be subject to abatement as provided for in this code. Appeals may be made to the city council in accordance with this code.
(Ord. 4556, 1997)
Upon the violation of Section 9.56.120, the city may, after notice of abatement is given in accordance with this code and the condition is not abated, cause the work to be done. Costs of such work may be charged to the owner of the property and may result in a lien upon the property in accordance with this code.
(Ord. 4556, 1997)
Nothing in this chapter shall prevent the summary abatement of a public nuisance by removal or destruction of the act or thing constituting such nuisance for the preservation of the public health, safety, or welfare.
(Ord. 4556, 1997)
A. 
The city council may designate as a "landmark tree" any tree on city property for the purpose of protecting trees of historic value or unusual qualities from damage or destruction.
B. 
A tree may qualify for the designation of landmark tree if it meets one or more of the following criteria; species rarity, old age, association with a historical event or person, abnormality or scenic enhancement.
C. 
Landmark trees shall be removed only after approval of the council based upon, but not limited to, the following considerations:
1. 
The condition of the landmark tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and potential for endangering the health of human and plant life;
2. 
The necessity of removal to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property;
3. 
The topography of the land and the effect of the proposed action on soil retention, water retention, and diversion or increased surface water;
4. 
The number, species, size and location of existing trees in the area and the effect of the proposed action on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city;
5. 
Good forestry practices such as the number of healthy trees a given parcel may support.
D. 
The council may impose reasonable conditions on the removal of landmark trees such as:
1. 
On-site or off-site replacement to offset any negative impacts;
2. 
A maintenance and care program for the purpose of preserving the health or other landmark trees on the property;
3. 
A donation of planting stock or the payment of an in lieu fee for possible on-site or off-site tree replacement.
(Ord. 4556, 1997)
The city manager or designee shall have the power to enforce rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, and landscape materials upon the public right-of-way, or other public areas in the city.
(Ord. 4556, 1997)
Any person who violates any provision of this ordinance or who fails to comply with any notice issued pursuant to the provisions of this ordinance shall be deemed guilty of a misdemeanor or infraction and shall be subject to the provisions of the general penalty clause as set forth in this code. If, as the result of the violation of any provision of this ordinance, the injury, mutilation, or death of a tree, shrub, or other plant located in a public area is caused, the cost of repair or replacement, or the appraised dollar value of such tree, shrub, or other plant, shall be borne by the party in violation. The value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society or Arboriculture.
(Ord. 4556, 1997)