Unless expressly stated otherwise, or where the context implies a different meaning, the following definitions shall apply in this part.
Is that area of dedicated roadway, street or highway within the City of Lakewood, set apart and designated for the use of the public as a thoroughfare for traffic, whether or not improved, from easement line to easement line, and includes the sidewalks, the center and the side plots thereof.
As used herein, are defined as those trees located in the roadside tree area.
As used herein, shall mean the person to whom a permit pertaining to roadside trees has been issued.
For the purpose of this part the words "maintenance" or "maintained" when used in reference to trees shall include pruning, spraying, fertilizing, irrigating, bracing, treating for disease or injury, and any other similar acts which promote the life, growth, health or beauty of such trees.
Tree or trees shall include all varieties of trees, shrubs, and other ornamental or woody vegetation.
The City Council of the City of Lakewood does hereby designate the City Council as the "Board" defined on Section 22008 of the Streets and Highways Code for the purpose of the provisions of the Tree Planting Act of 1931 and this part. In addition to the provisions herein contained relating to the planting, maintenance, and removal of trees, the City Council may from time to time approve and adopt rules and regulations pertaining to the planting, maintenance and removal of trees which shall be enforced as part of the rules and regulations of the City pertaining to trees under the provisions of this part and the Tree Planting Act of 1931.
[Added by Ord. 77-21; amended by Ord. 89-1]
The Director of Public Works with the approval of the City Council shall produce and maintain a list of the type and species of trees suitable and desirable for planting and the areas and conditions under which such trees shall be planted. This list shall be known as the "Master Tree List". The Master Tree List shall be adopted by resolution of the City Council and shall be maintained on file in the Office of the City Clerk. Revisions or changes in such List may be made from time to time by resolution of the City Council. In addition the Director of Public Works, with the approval of the City Council shall recommend a tree planting plan setting forth the type of trees to be planted indifferent portions of the City, and a recommended program of tree planting by the City which shall be known as the "Tree Planting Plan". The Tree Planting Plan shall be adopted by resolution of the City Council and shall be maintained on file in the Office of the City Clerk. Revisions or changes in said Plan may be made from time to time by resolution of the City Council.
The Director of Public Works with the approval of the City Council shall produce and maintain policies and standards for street tree planting and maintenance, as needed and where not inconsistent with any of the terms and provisions of this part. Such policy shall be submitted to the City Council for approval and may be modified from time to time by the City Council.
[Added by Ord. 77-21; amended by Ord. 89-1]
The Director of Public Works shall recommend to the City Council from time to time a tree removal plan designating the location and nature of those trees whose roots are causing excessive damage to curbs, gutters or sidewalks or which may unduly interfere with the sewer system and public utilities necessitating their removal. The City Council shall consider adoption of said plan in whole or in part by resolution and the same shall be maintained on file in the Office of the City Clerk. Said plan may be revised from time to time by the City Council.
[Amended by Ord. 89-1]
No person, firm or corporation shall plant, move, spray, fertilize, brace, trim, do surgery work, cut above or below ground, disturb, or alter any tree in any roadside tree area or on other public property of the City of Lakewood, or perform any maintenance work other than irrigation, nor cause or permit such acts to be done, without first obtaining a written permit from the Director of Public Works who shall issue the permit if in his discretion the work is necessary, and the proposed method of workmanship is of a satisfactory nature. The permittee shall abide by the arboricultural specifications and standards established by the Director of Public Works for the roadside tree department or any other specification or standard specified in the permit.
Nothing contained in this part shall be deemed to prohibit a person from watering or irrigating trees on property owned, possessed, or occupied by him, but within the roadside tree area. Nothing herein contained in this chapter shall prohibit a subdivider from performing maintenance work on trees within the roadside tree area until the work of the subdivider has been accepted by the City or until the subdivider has performed the necessary roadside tree work required of him by the City in approving the subdivision.
[Amended by Ord. 77-21; Ord. 89-1]
The Director of Public Works shall have the authority to grant permission to any property owner or occupier, or his or her authorized representative, to remove at his or her own expense a roadside and, tree if any of the following facts are found to exist:
A.
Said tree is designated on the Tree Removal Plan.
B.
Said tree is dead, dying, decayed or diseased beyond reclamation.
C.
The removal of said tree is necessary by reason of curb and gutter or sidewalk repair or in the way of the installation of new curb, gutter, sidewalk or driveway.
Before the Director of Public Works has determined that a permit should be issued as aforementioned for the removal of the trees, a condition of the issuance of the permit may be that the permittee plant another tree or trees in its place of the size, type and location specified on the Master Tree and Planting Plan, or if none as directed and specified by the Director of Public Works. Said tree shall be planted in the time and manner specified by the Director of Public Works in the Permit. The Director of Public Works in his discretion, may require the posting of a cash deposit or bond in such amount as he may deem sufficient to secure the completion of the work and indemnify the City against any damages to public property arising from the exercise of rights granted under the Permit. The cash deposit or bond shall include the cost of any inspection work. All bonds shall be subject to the approval of the City Attorney. Said Permit and/or cash deposit receipt or bond shall specify that if the permittee fails to perform the same within the time or within the manner set forth in the Permit, the Director of Public Works may, and he is hereby authorized to, enter upon the premises and complete the work as set forth in said Permit and forfeit the cash deposit or bond to cover the cost of the same. If no cash deposit or bond had been filed, the permittee shall be liable to the City for the cost of said work and inspection, and the foregoing shall be a condition of said permit. |
If the Director of Public Works should refuse to issue a permit, the applicant for the permit may, within ten (10) days of written notification of said refusal, file an appeal with the City Council. The issue on said appeal is whether or not the ministerial conditions for removal of said tree as specified in the aforementioned subsections A, B, and C, have been met. |
[Added by Ord. 77-21; amended by Ord. 89-1]
In all other cases involving removal of roadside trees where the project has not been determined to be either categorically exempt, ministerial or emergency, the application for the permit or the project shall be referred to the Director of Community Development in compliance with the CEQA guidelines as specified by the State of California and Resolution of the City Council. The Planning Environment Commission, after consideration of any Negative Declaration or Environment Impact Report shall determine whether or not a permit should be issued by the Director of Public Works for the private removal of such a tree. The applicant for the permit to remove the tree may appeal said decision within ten (10) days of the receipt thereof to the City Council for a new hearing de novo.
[Amended by Ord. 77-21; Ord. 89-1]
No person shall violate the terms and provisions of this Part, or any permit issued pursuant thereto and the terms and provisions of this Part and any permit issued pursuant to this and Part shall be enforced by the Director of Public Works. No person, except where authorized by the Director of Public Works, or by permit, shall fasten or cause to be fastened any sign, wire, rope or other material to or around or through any roadside tree.
[Amended by Ord. 89-1]
No person, except where authorized by the Director of Public Works, or by permit, shall deposit, place, store or maintain at any roadside tree area, any stone, brick, sand, concrete or any other material which may impede the free passage of water, air and fertilizer to the roots of any roadside tree growing therein.
[Amended by Ord. 89-1]
No person, except where authorized by the Director of Public Works, or by permit, shall break, injure, mutilate, kill or destroy any tree, or permit any fire to bum where such fire will injure any portion of any tree in any roadside tree area or other public area of the City of Lakewood; no person shall knowingly permit any leak to exist in any gas pipe within the root zone of any tree in the roadside tree area or other public area of the City of Lakewood; no person shall permit any toxic chemicals to seep, drain or be emptied on or about any roadside or public tree; no person shall knowingly permit electric wires to come in contact with any roadside or public tree unless protected by approved methods, and, no person shall attach any electrical installation to any public tree or shall excavate any ditches, tunnels or trenches, or lay any driveway within a radius of 10 feet from any public tree or roadside tree without first obtaining a written permit from the Director of Public Works. Any person performing building operations shall erect suitable protective barriers around any roadside or public trees apt to be injured by said operation, after first obtaining a written permit to do so from the Director of Public Works.
[Amended by Ord. 89-1]
No person installing public utility services shall remove, cut, trim, prune, injure or interfere with any roadside or public trees without a permit from the Director of Public Works. When a permit has been issued to a public utility to trim roadside or public trees, or to do other operations affecting said trees, the work shall be done in a neat and workmanlike manner according to the specifications outlined by the Director of Public Works, who may if necessary, assign as a condition of granting said permit an inspector to supervise the provisions of the work, in such an event the cost of the inspection services shall be charged to the public utility at actual cost.
The City Council of the City of Lakewood hereby finds that the City has heretofore by and on behalf of the people of Lakewood commenced upon a project of developing and beautifying the streets and public places of the City by promoting the growth, care and maintenance of roadside trees and trees in public places, parks and playgrounds. The City Council does hereby find and determine that the maintenance of beautiful and abundant tree planting, tree development and protection program throughout the City of Lakewood on the public ways and at the public places will be of a benefit to the citizens of Lakewood, and that any activity or conduct interfering with said maintenance program or injuring, destroying or damaging said trees, is hereby declared to be a public nuisance. The City Council does further hereby declare in order to promote said program the following conduct is a public nuisance:
A.
The infestation of trees on private or public property with infectious disease or insects which in the opinion of the Director of Public Works are liable to spread to other trees both public or private within the City of Lakewood.
[Amended by Ord. 89-1]
B.
The growing, maintenance or owning of any tree or shrub on private property where said tree or any portion thereof interferes with the use of or visibility of any sidewalk, street or intersection in the City of Lakewood.
C.
The growing, maintenance or ownership of any tree on private property which has become diseased or weakened in such a manner as to be dangerous to persons lawfully using the streets or sidewalks of the City of Lakewood.
The aforementioned declaration of a public nuisance is in addition to that declaration contained in Section 4325.1 of the Lakewood Municipal Code as to dangerous trees being a nuisance on private property.
[Amended by Ord. 89-1]
The Director of Public Works shall abate any such public nuisance in accordance with the terms and provisions of Chapter 3 of Article IV of the Lakewood Municipal Code.
The owner or occupier of any land upon which is located any tree determined to be a public nuisance under Section 7148 upon being notified by the Director of Public Works of such a nuisance shall abate the same within the time specified by the Director of Public Works, and if not abated, said nuisance shall be abated by the Director of Public Works in accordance with the provisions of Chapter 3 of Article IV of the Lakewood Municipal Code. Notwithstanding the foregoing, if the Director of Public Works should determine that said nuisance endangers the public health, safety and welfare so as to require for the protection of the public health, safety and welfare immediate abatement of said nuisance without notice to the owner or occupier, the Director of Public Works or his authorized representative may enter said premises to spray any tree shrub found to be a nuisance, or to remove the same or part thereof where necessary, or to trim or prune any tree or shrub interfering with visibility from any sidewalk, street or intersection, or remove any tree which is diseased or weakened in such a manner that it is dangerous to persons lawfully using the streets or sidewalks of the City.