[Ord. 1519, 11-14-2007; Ord. 1618, 9-19-2012]
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DESIGNATED STREET TREE LIST
A list of specific tree species which have been designated by the Community Services Commission for each city street, or part of it, as the species of tree to be planted and maintained within the city easement of that street.
DIRECTOR
The Director of the Public Works or his or her designee.
DRIPLINE
The ground area at the outside edge of the tree branches or canopy.
EASEMENT, PARKWAY, or RIGHT-OF-WAY
Land owned by another over which the city has right-of-way for street and related purposes. "Parkway" refers to that portion of a street right-of-way which available for landscaping, and not for curb, gutter, or pavement.
HERITAGE TREES
Any trees within the city's easement or on city-owned property which have been found to be of significance to the community or of notable historic interest and are so designated by action of the Community Services Commission.
MAINTAIN or MAINTENANCE
Includes root pruning, trimming spraying, watering, fertilizing, mulching, treating for disease or injury, or any other similar act which promotes growth, health, beauty, and life of any tree.
MEDIAN
A strip of concrete or planted ground between the lanes of a divided street or highway.
PRUNING, TRIMMING or THINNING
To reduce the size of a tree using professionally accepted standards, as established by the International Society of Arboriculture (ISA), National Arborists Association (NAA) or American National Standards Institute (ANSI) Section A300, to control the height and spread of a tree, lessen the wind resistance, preserve its health and natural appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within the tree branches, or make adjustments which will increase its longevity in an urban environment.
PUBLIC TREE or CITY TREE
Any tree which is located within any public park, city easement, or any other city-owned property.
TOPPING, HEADING BACK, STUBBING, or POLLARDING
A severe type of pruning which usually produces less desirable results than a more moderate pruning with respect to the to the tree's natural form and which is generally hazardous to the overall health and stability of the tree.
TREE POLICY MANUAL
A document prepared by the Public Works Department which states policies (approved by the City Council), procedures and other relevant information regarding the selection, planting, maintenance, and removal of all city trees.
URBAN FOREST or URBAN FORESTRY
The ecology of native and non-indigenous plantings creating a forest in the human living desert environment, and emphasizing the practice of wise, professional, planned management of all tree resources within an urban area for multiple use and benefit of the entire community.
[Ord. 1519, 11-14-2007; Ord. 1618, 9-19-2012]
The Community Services Commission serves as the city's Tree Advisory Board. The Commission shall:
(A) 
Study the problems and determine the needs of the city in connection with its tree planting and maintenance programs; establish and revise the designated street tree list; and hold discussions of tree-related issues at public meetings; and
(B) 
Hear and determine appeals of staff decisions regarding street tree removal. The Commission may grant an appeal if it finds that the staff decision would result in a burden on the property owner that substantially outweighs the benefit to the public. The Commission's decision may be appealed to the City Council if a written appeal, setting forth the grounds, is filed with the City Clerk, within ten days of the Commission decision. If no timely appeal is filed, the decision shall be final.
[Ord. 1519, 11-14-2007; Ord. 1618, 9-19-2012]
The powers and duties of the Director of Public Works, or his or her designee, under this chapter are as follows:
(A) 
To designate a particular place within the city easement or on any city-owned property where a city tree will be planted;
(B) 
To recommend to the Community Services Commission any changes or additions to the designated street tree list;
(C) 
To draft a Tree Policy Manual that states policies and procedures concerning the selection, planting, maintenance and removal of trees in public places to promote a viable urban forest;
(D) 
To grant or deny any issuance of permits in accordance with the terms of this chapter; and
(E) 
To maintain city trees in an attractive and healthy condition by utilizing the highest accepted professional standards for planting, pruning, fertilization, pest and disease control.
[Ord. 1519, 11-14-2007]
Except in those specific areas where the city has formed and formally accepted maintenance through a development agreement or another instrument, the duties of any owner of private property whose property has a city parkway or easement on it for street and related purposes are as follows:
(A) 
To accept, protect, and provide adequate water to any city tree planted in the public easement over his or her property, and not to interfere with the city's provision of water to such, whether by water truck or other means;
(B) 
To notify the Public Works Department of any suspected tree hazards or maintenance needs of any city tree planted in the public easement over his or her property;
(C) 
To remove any vegetation from city street trees planted in the easement over his or her property;
(D) 
To remove all fallen leaves and other deadfall from any city tree planted in the public easement over his or her property, and to properly dispose of the deadfall in an appropriate waste receptacle;
(E) 
To maintain and water any vegetation planted in the public easement, to keep the easement free of trash, garbage, weeds, dead or diseased vegetation, to maintain any lawn grass species in the easement area to no more than 12 inches, and to reduce the height of any hedge, shrubbery, or other plant material growing in the easement are to a height of no more than 36 inches, however, this section shall not apply to city street trees; and
(F) 
To remove all vegetation, garbage, and debris from any sidewalk, swale (improved or unimproved), or trail in the right of way easement over his or her property.
[Ord. 1519, 11-14-2007]
No tree shall be planted within a parkway or median other than the species designated as the street tree for that particular street, or portion of the street, by the Public Works Department. No street tree shall be planted, except by the city, until a tree permit has been issued for it.
[Ord. 1519, 11-14-2007]
Any subdivider of land shall install city trees in accordance with the requirements of the Indio Code of Ordinances and the provisions of this chapter and any related resolutions.
[Ord. 1519, 11-14-2007]
(A) 
No person shall plant, remove, cut, prune, root prune, apply pesticides or otherwise disturb any city tree or shrubs without first obtaining a permit from the Director of Public Works.
(B) 
Applications for permits must be made to the Public Works Department on forms provided by the Department, and shall include such information as the Director deems necessary to review the application.
(C) 
The Director shall issue the permit if, in his or her judgment, the proposed work is desirable and the proposed method is and workmanship are performed to the standards defined under the "pruning" definition of § 98.01 of this chapter. Any permit granted shall contain a date of expiration and the work shall be completed in the time allowed on the permit and in the manner described in it. A permit shall be null and void if violated.
(D) 
Work undertaken by the permittee or his or her agents may be stopped immediately and the permittee's permit may be revoked by oral or written order of the Director when the Director determines that the program of work or conditions outlined in the permit are not being complied with.
(E) 
The Director's decision may be appealed to the City Manager if a written appeal, setting forth the grounds, is filed with the City Clerk within ten days of the Director's decision. If no timely appeal is filed, the decision shall be final.
[Ord. 1519, 11-14-2007]
Fees for permits and appeals shall be established by resolution of the City Council.
[Ord. 1519, 11-14-2007; Ord. 1618, 9-19-2012]
(A) 
It is unlawful for any person to cut, damage, carve, transplant, prune, root prune to remove any public tree, except pursuant to a permit issued under § 98.07 of this chapter. Tree topping, heading back, stubbing or pollarding of public trees is prohibited.
(B) 
It is unlawful for any person to attach or keep attached to any public tree, or to the guard or stakes intended for the protection thereof, any rope, wire, nails, tacks, staples, advertising posters or any other contrivance whatsoever.
(C) 
It is unlawful for any person to cause or allow any poison or any other substance harmful to tree life to lie, leak, pour, flow, or drip upon or into the soil within the dripline of any public tree, or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of the public tree; or to operate any equipment, such as mechanical weeding devices, in such a manner as to cause damage to a public tree in any way.
(D) 
No person shall injure any public tree located within an easement or public right-of-way on his or her private property by neglecting to provide the necessary amount of water, as determined by the Tree Policy Manual and the terms of this chapter, required for said tree's continued good health and viability.
(E) 
No person shall, without written consent of the Director, pave the area with a city easement or deposit, store or maintain within the city easement or on any city-owned property any stone, brick, concrete, lumber, tile, pipe, or other material or park any vehicle that reasonably may be expected to damage the root system, compact the soil over the roots, or impede free passage of water, air, or fertilizer to the roots of any public tree.
(F) 
Special consideration shall be afforded public trees determined by the Community Services Commission to be heritage trees. Such trees shall be removed only when public interest served by removal outweighs the interest in preservation and heritage status.
(G) 
During the construction, repair, alteration, moving or removal of any building or structure or any other type of construction in the city, no person in control of such work shall leave any public tree, shrub or plant in the vicinity of such activity without sufficient guards or protectors as identified in the tree policy manual to prevent injury to the tree, shrub, or plant in connection with such construction, repair, or alteration, moving or removal. The costs of any such protection shall be borne by the person responsible for the improvement.
[Ord. 1519, 11-14-2007]
No person shall hinder, prevent, delay, or interfere with the Director or any of his or her agents while engaged in carrying out the execution or enforcement of this chapter. Provided, however, that nothing in this section shall be construed as an attempt to inhibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the city.
[Ord. 1519, 11-14-2007]
(A) 
Any violation of this chapter shall be a misdemeanor or infraction at the discretion of the City Attorney or District Attorney.
(B) 
Irrespective of and cumulative to any criminal conviction for a violation of this chapter, the city may, pursuant to Cal. Gov’t Code § 36901, impose a civil penalty in an amount not exceeding $1,000 on any person who commits a violation of this chapter. The city may recover the penalty either through an administrative hearing or civil action brought either by the City Attorney or a designated employee of the city.
(C) 
Irrespective of whether the city pursues criminal and/or civil action under this chapter, nothing in this chapter shall prevent the city from seeking resolution for damage to city property as an alternative for criminal action and/or civil action to recover a civil penalty in accordance with division (B) of this section.