The ordinance codified in this chapter shall be known as the "tree ordinance" and may be cited as such.
(Ord. 91-05 § 3, 1991)
The planning commission shall prepare and maintain an official street tree plan for the city. The director or her or his duly authorized representative shall require that all new planting of street trees shall be in accordance with the official street tree plan of Hughson. If existing street trees are removed, they shall be replaced with trees which conform to the official street tree plan.
(Ord. 91-05 § 3, 1991)
Before any street improvements in any new subdivision of real property in the city are accepted by the city council, the subdivider shall pay to the city the total costs of all the subdivision or shall have the street trees planted to conform to the provisions of the official street tree plan. If payment for planting the street trees is made by the subdivider to the city, the city shall plant the trees at the proper time and to conform to the official street tree plan. Watering and care of the trees thereafter shall be the responsibilities of the subdivider or the purchasers of the property.
(Ord. 91-05 § 3, 1991)
No person, firm, or corporation shall cut, trim, prune, plant, remove, injure, or interfere with any tree, shrub, or plant upon any street tree area or other public place of the city without prior permission and approval therefor from the director or her or his duly authorized representative, who are authorized to grant such permission in her or his discretion and where necessary. No permission shall be valid for a longer period than 30 days after its issuance. Exception is made to public utility companies who regularly need to trim trees to protect their facilities. These utility companies shall be required to secure annual permits to remove, trim, or prune trees which create a hazard to their facilities.
(Ord. 91-05 § 3, 1991)
Any person, firm, or corporation engaged in the business of pruning, trimming, or removing of city trees shall secure a permit to operate in the city from the director or her or his duly authorized representative. Any such person, firm, or corporation shall carry adequate public liability and property damage insurance in an amount to be determined by the city council of the city. Such policies or certificates shall be filed with the city clerk.
(Ord. 91-05 § 3, 1991)
It is unlawful for any person to plant in any street tree area the following trees: Acacia, Black Walnut, Eucalyptus, Elm, Palm, Poplar, Tree of Heaven, Conifers, or Sycamore. It is unlawful to plant Willow, Cottonwood, or Poplar trees anywhere in the city unless the director or her or his duly authorized representative approves the site as one where the roots will not interfere with a public sewer.
(Ord. 91-05 § 3, 1991)
The director or her or his duly authorized representative may cause to be trimmed, pruned, or removed, any trees, shrubs, plants, or vegetation in any street tree area or other public place, and failure to comply therewith after 30 days' notice in writing by the director or her or his duly authorized representative shall be deemed a violation of this chapter.
(Ord. 91-05 § 3, 1991)
Trees or shrubs on private property, which abut, overhang, or otherwise interfere with adjoining property shall be maintained, trimmed and otherwise managed so as to avoid creating a private nuisance to adjoining property owners. Failure to maintain, trim, or otherwise manage trees or shrubs on private property, where such failure creates a private nuisance shall be deemed to be a violation of this chapter, and the director or her or his duly authorized representative may then remove or trim the tree or shrub and assess the cost against the property.
(Ord. 91-05 § 3, 1991)
Any tree or shrub growing in a street tree area or public place or in private property which is endangering or which in any way may endanger the security or usefulness of any public street or sidewalk is declared to be a public nuisance, and the city may remove or trim such tree or shrub, or may permit any public utility to do so or may require the property owner to remove or trim any such tree or shrub on private property or on a parking strip abutting upon such owner's property. Failure of the property owner or his or her duly authorized agent to remove or trim such tree or shrub after 30 days' notice by the director or her or his duly authorized representative shall be deemed to be a violation of this chapter, and the director or her or his duly authorized representative may then remove or trim the tree or shrub and assess the cost against the property.
(Ord. 91-05 § 3, 1991)
It is a violation of this chapter to abuse, destroy, or mutilate any tree, plant, or shrub in a street tree area or any other public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill, or other things to or on any tree growing in a public place or to cause or permit any wire charged with electricity to be placed or attached to any such tree, or allow any gaseous, liquid, or solid substances which are harmful to such trees to come in contact with their roots or leaves.
(Ord. 91-05 § 3, 1991)
Appeals from directions and orders under this chapter may be made by filing written notice thereof with the city clerk within five days after such direction and order is received, stating in substance that appeal is being made from such direction and order to the city council. The city clerk shall thereupon call such appeal to the attention of the city council at their next regular succeeding meeting, at which meeting the appellant and the director or her or his duly authorized representative may present evidence. Action by the city council after such hearing shall be conclusive, and in the event the city council upholds the decision of the director or her or his duly authorized representative, the property owner or her or his duly authorized agent shall have 15 days thereafter to comply with such notice. Nothing contained in this section shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or plant upon his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley, or public place within the city.
(Ord. 91-05 § 3, 1991)