The Director or his or her designee shall have the authority to enter in or upon any part of the parkway or planting easement or adjacent property as is reasonably necessary for the purpose of planting, maintaining, pruning, spraying, or removing a street tree.
(Ord. 959-CS, Amended, 11/28/2000; 1265-CS, Amended, 01/09/2020)
The Director or his or her designee shall have the authority to order a property owner to take such action as is necessary to control insects, scales, parasites, fungus, or other injurious pests or plant materials which could cause serious injuries to the City street trees or other plant materials within the City. The Director or his or her designee shall notify the property owner in writing of the condition which exists and the controls necessary to correct the conditions and establish a reasonable time in which the corrective action shall be taken.
(1265-CS, Amended, 01/09/2020)
The Director or his or her designee shall be responsible for inspecting, supervising, or ordering the maintenance, removal, and replacement of street trees planted within parkways or planting easements by the property owner or by the City. The Director or his or her designee may cause or permit street trees or other plant materials planted in the parkways or planting easements to be removed by the City or the property owner if the trees are deemed by the Director or his or her designee to be unhealthy, hazardous, undesirable, or causing, or will cause, excessive damages to the existing public improvements or street trees.
(Ord. 959-CS, Amended, 11/28/2000; 1265-CS, Amended, 01/09/2020)
The Director or his or her designee shall have the authority to consult and seek the advice and recommendations of nurserymen, arborists, and other persons qualified in horticulture.
(1265-CS, Amended, 01/09/2020)
It shall be the duty of every property owner and every person occupying property within the City to maintain street trees in the parkway or planting easement on or adjacent to his or her property.
(a) 
In conjunction with any sale or transfer of real property and using the Local Option Real Estate Transfer Disclosure Statement form set forth in Civil Code Section 1102.6a, the seller/transferor shall provide notice of the maintenance obligations set forth in this article to the buyer/transferee. The notice shall, at a minimum, include the following language:
Every property owner and every person occupying property within the City shall maintain street trees in the parkway or planting easement on or adjacent to his/her property.
(b) 
To provide all property owners and occupants with notice of his/her obligation to maintain street trees as set forth in this article, the ordinance codified in this chapter shall be recorded with the County Clerk of the County of Stanislaus.
(1220-CS, Amended, 07/01/2016; 1265-CS, Amended, 01/09/2020)
Street trees shall be pruned to enhance the natural growth, characteristics, and traits of the trees. Street trees shall not be pruned to create a form unnatural to the street tree.
(1265-CS, Amended, 01/09/2020)
It shall be the responsibility of every property owner and every person occupying land to protect street trees planted in the parkways or planting easements on or adjacent to his property from physical damages and other plant materials which can be detrimental to the street tree's growth or health.
(1265-CS, Amended, 01/09/2020)
All work, and the costs thereof, required in the removal, pruning, or maintenance of a street tree shall be provided by the property owner or his agent, including the removal of the stump to a depth as specified by the Director or his or her designee.
(Ord. 959-CS, Amended, 11/28/2000; 1265-CS, Amended, 01/09/2020)
If the property owner refuses to perform the work after notice from the Director or his or her designee, the Director or his or her designee may order the work done by the City, and the costs shall be assessed to the property owner and tenant consistent with the provisions of TMC 7-7-210 as a personal debt and, if unpaid within thirty (30) days after billing by the City, shall become a lien on the property.
(1265-CS, Amended, 01/09/2020)
Any person aggrieved by any action taken by any City Official pursuant to the provisions of this chapter or any guideline or procedure issued pursuant to the chapter, may appeal such action as provided by Chapter 1-4 TMC.
(866-CS, Amended, 02/09/1995; 1265-CS, Amended, 01/09/2020)