Alhambra Municipal Code Ch. 14.08 Trees and Shrubs

Section

Cross-reference:

For further provisions concerning the power of the city to plant trees, see Charter § 61(48)

(A) It shall be the policy of the city to maximize the planting of trees at all properties owned by the city.

(B) Plans for improvements to be made at public facilities shall be reviewed for opportunities to increase the number of trees planted at such facilities prior to their finalization.

(C) Any removal of trees at city-owned facilities shall only be accomplished after a review by the department head having jurisdiction of the specific question of the necessity of removal. Any such tree required to be removed shall be replaced as soon as it is practical to do so with another tree either at the exact location where such tree was removed or in the same general area.

(D) There shall be a full planting of street trees on all streets adjacent to city facilities, except where the physical conditions of the site prohibit such planting, in which case planting may be accomplished on the city property adjacent to the sidewalk, or in an equivalent number on other streets near the city facility.

('86 Code, § 14.08.002) (Ord. 3639, passed - - ; Am. Ord. 3778, passed - - )

(A) It shall be the policy of the city to maximize the planting of trees alongside the streets of the city, and departments of the city which presently administer existing requirements for such planting are encouraged to fully apply their authority for that purpose.

(B) It shall be the policy of the city that every new project for street construction or for construction of curb and gutter, or for construction of sidewalk, by capital expenditure or through assessment district, shall include full street tree planting. In cases in which lack of parkway and narrowness of sidewalk prohibit such planting, this requirement may be satisfied by planting on private property adjacent to the sidewalk in an easement acquired for this purpose.

(C) Prior to the issuance of the building permit, the Superintendent of Parks and Recreation shall certify either that street trees exist to the satisfaction of standards established by the Parks and Recreation Commission or that installation of such trees has been guaranteed to their satisfaction. Where lack of parkway and narrowness of sidewalk prohibit such planting, this requirement may be satisfied by plantings on the property of the applicant, adjacent to the sidewalk, in an easement acquired for that purpose. Exceptions may be granted in cases in which it would be impossible or undesirable to place such trees. This provision shall not be applied where the permit application is for repair, addition or improvement of value of less than $1,000 for each tree required.

('86 Code, § 14.08.004) (Ord. 3639, passed - - )

(A) As a result of city capital improvement projects in which less than five trees are to be removed, the Director of Public Works, in approving the plans therefor, shall make a specific and separate finding that such removal is a practical necessity of the subject project.

(B) When a street tree is removed by the city, either as a practical necessity or to eliminate a diseased, damaged, dangerous or dead tree, such tree shall be replaced as soon as it is practical to do so with another tree either at the exact location where such tree was removed or in the same general area.

(C) When a living street tree is removed by a private individual under permit from the city, it shall be a condition for the issuance of such permit that the property owner replace such tree as soon as it is practical to do so with another tree either at the exact location where such tree was removed or in the same general area.

('86 Code, § 14.08.006) (Ord. 3639, passed - - ; Am. Ord. 3778, passed - - )

Trees required to be planted pursuant to this chapter shall not be smaller than a commercial 15-gallon size.

('86 Code, § 14.08.008) (Ord. 3639, passed - - ; Am. Ord. 3778, passed - -) Penalty, see § 1.12.010

The word SUPERINTENDENT when used in this chapter shall mean the Director of Parks and Recreation, or any of his or her authorized deputies.

(‘86 Code, § 14.08.010) (Ord. 2282, passed - - ; Am. Ord. 3639, passed - - ; Am. Ord. 3797, passed - - ; Am. Ord. 3887, passed - - ; Am. Ord. 4735, passed 5-14-18)

Subject to the supervision of the City Manager, the Superintendent shall have the power to designate the kind or variety of trees, shrubs or plants to be planted upon any street, park, pleasure ground, boulevard, alley or public place of the city; provided, however, that the owners of property fronting on any street, alley or public place may petition the City Council that such trees, shrubs or plants shall be a certain kind or variety, but such petition shall be merely advisory to the action of the City Council. The City Council may designate by resolution the type of tree to be planted on any such street, park, pleasure ground, boulevard, alley or public place of the city.

('86 Code, § 14.08.020) (Ord. 2282, passed - - )

It shall be the duty of the Superintendent to plant, trim, prune and care for all trees, shrubs or plants and to remove all objectionable trees, shrubs or plants in and upon any street, park, pleasure ground, boulevard, alley or public place of the city, subject to the supervision of the City Manager.

('86 Code, § 14.08.030) (Ord 2282, passed - - )

No person shall interfere with the Superintendent or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city, or in the removing of any stone, cement or other substance from about the trunk of any tree, shrub or plant in any such street, park, pleasure ground, boulevard or alley or public place.

('86 Code, § 14.08.040) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

Any person maintaining any overhead wires or any pipes or underground conduits along or across any street, park, pleasure ground, boulevard, alley or public place of the city, or owning any property abutting upon any street, park, pleasure ground, boulevard, alley or public place of the city, desiring to have any tree, shrub or plant cut, trimmed, pruned or removed may file with the Superintendent a written request that such work be done.

('86 Code, § 14.08.050) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

The request mentioned in the preceding section shall describe the work desired to be done and it shall be within the discretion of the Superintendent to require a written agreement upon the part of the petitioner to pay the cost thereof and to do such work in the way stipulated by the Superintendent before the issuance of any permit.

('86 Code, § 14.08.060) (Ord. 2282, passed - - )

No person shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city without a permit therefor from the superintendent.

('86 Code, § 14.08.070) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

The Superintendent is hereby authorized to grant the permit required by the preceding section in his discretion, but no such permit shall be valid for a longer period than 30 days after the date of issuance.

('86 Code, § 14.08.080) (Ord. 2282, passed - - )

No person shall cause, authorize or procure any brine water, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city or onto any sidewalk, road or pavement within the city at a point from which the substance may be lying upon or by flowing, dripping or seeping into such soil injure such tree, shrub or plant, or to otherwise harm or kill any such tree, shrub or plant.

('86 Code, § 14.08.090) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

No person without the approval of the Super-intendent shall place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city.

('86 Code, § 14.08.100) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

No person without the permission of the City Manager shall attach or keep attached to any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or other public place of the city, or to the guard or stake intended for the protection thereof, any wire, rope, sign or other device what-soever.

('86 Code, § 14.08.110) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

During the erection, repair, alteration or removal of any building, house or structure in the city, no person in charge of such work shall leave any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city, in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to the tree, shrub or plant arising out of or by reason of the erection, repair, alteration or removal.

('86 Code, § 14.08.120) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

When the erection, repair, alteration or removal of any building, house or structure necessitates the trimming, pruning or removal of any tree, shrub or plant on any street, park, pleasure ground, alley or other public place of the city, except any trimming, pruning or removal required by the construction of a residential driveway it shall be within the discretion of the Superintendent to refuse permission to do such work. Applications for a permit to trim, prune or remove any tree or plant on any of the above- mentioned places for the above-mentioned reasons shall be filed with the Superintendent at least three days prior to the time of doing such work. The Superintendent may stipulate the conditions upon which any trimming, pruning or removal may be done and may require the applicant to enter into an agreement whereby the applicant shall agree to pay all costs incurred for any inspection, labor, equipment or service deemed necessary by the Superintendent.

('86 Code, § 14.08.130) (Ord. 2282, passed - - )

No person shall move any building, house or portion thereof without notifying the Superintendent at least three days in advance of such moving. The notice shall designate the route to be followed and all other details pertinent to such work. The Superintendent shall have the authority to change such route and designate one which in his opinion will cause less damage to trees, shrubs or plants owned by the city along and adjacent to the route. If necessary to protect such trees, shrubs or plants, the Superintendent may require that the house, building or portion thereof be cut into segments small enough to fit the available width between such trees, shrubs or plants along the designated route. As a condition to approving any route for the moving of any building, house, or portion thereof, the Superintendent may require the person doing such work to enter into an agreement to pay all costs incurred for any labor, equipment or material used to protect or preserve such trees, shrubs or plants, either before or after such moving.

('86 Code, § 14.08.140) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

Cross-reference:

For further provisions concerning requirements of moving buildings, see Chapter 20.40

The Superintendent may inspect any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city, or any tree, shrub or plant, standing on any private property which overhangs or projects into any street, park, pleasure ground, boulevard, alley or public place of the city, to determine whether the same or any part thereof is in such condition as to constitute a hazard or an impediment to the progress or vision of any person traveling on such street, park, pleasure ground, boulevard, alley or public place.

('86 Code, § 14.08.150) (Ord. 2282, passed - - )

If, in the opinion of the Superintendent, any tree, shrub or plant mentioned in the preceding section is hazardous to the traveling public or impedes the progress or the vision of the public on any street, park, pleasure ground, boulevard, alley or public place, he may cause the same or such parts thereof as are hazardous or constitute an impedient to be trimmed or removed so as to remedy such conditions.

('86 Code, § 14.08.160) (Ord. 2282, passed - - )

No tree, shrub or plant standing on any private property shall be cut down or removed unless ten days' notice in writing of this intention shall be given by the Superintendent to the owner, occupant or agent of the property upon which such described condition exists.

('86 Code, § 14.08.170) (Ord. 2282, passed - - ) Penalty, see § 1.12.010

If the owner, occupant or agent of such private property within seven days after the receipt of such notice files his objection to such removal with the Superintendent, such tree, shrub or plant shall not be cut down nor removed unless the Superintendent shall give such owner, occupant or agent a reasonable opportunity to be heard in support of such objection. If such objection be not sustained, the Superintendent shall thereafter approve, in writing, the cutting down or removal of such hazardous or impedient tree, plant or shrub.

('86 Code, § 14.08.180) (Ord. 2282, passed - - )

Nothing contained in this chapter 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 a 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.

('86 Code, § 14.08.190) (Ord. 2282, passed - - )