Chapter 8 — COMPREHENSIVE TREE MANAGEMENT PROGRAM

CHAPTER 8. - COMPREHENSIVE TREE MANAGEMENT PROGRAM

This Chapter is established to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance, removal and replacement of City-owned trees on public property. It is also the intent of this Chapter to preserve and enhance property values through conserving and enhancing the distinctive and unique aesthetic character of many areas in the City due to the trees in those areas.

This Chapter provides full power and authority over the planting, removing and cutting of trees and shrubs located within public property in the City.

As used in this Chapter:

(a)

City-owned Trees. "City-owned trees" means any woody perennial plant, usually having a single main axis or trunk, including specimens of such plants having twin or multiple trunks, and also includes any species of tree, shrub or plant described in the tree inventory and master plan established by the Public Works Department and reviewed by the Arcadia Tree Commission.

(b)

Damage. "Damage" means any action undertaken which causes injury, death or disfigurement of a tree. This includes, but is not limited to, cutting, poisoning, overwatering, relocating or transplanting a tree.

(c)

Person. "Person" means an individual, a firm, an association, a corporation or a copartnership, and the lessees, receivers, agents and employees of any such person, but shall not mean the City or its duly authorized agents or employees.

(d)

Public Property. "Public property" means any road, street, avenue, alley, parkway, right-of-way or property, or any portion thereof, dedicated for or used by the public.

(e)

Removal. "Removal" means the uprooting, cutting or severing of the main trunk, or major branches of a tree or any act which causes, or may be reasonably expected to cause a tree to die, including but not limited to the following:

(1)

Inflicting damage upon the root system of a tree by machinery, storage of materials, or soil compaction;

(2)

Substantially changing the grade above the root system or trunk of a tree; and

(3)

Excessively pruning a tree.

(f)

Street Trees. "Street trees" means each of those trees listed in the City of Arcadia Street Tree Master Plan, as it is adopted and may be amended by resolution of the City Council from time to time, and which are planted within public rights-of-way in the City.

(Amended by Ord. 2153 adopted 2-19-02)

There is established in the City the Arcadia Tree Commission. The members of the Arcadia Beautiful Commission shall serve as the Arcadia Tree Commission. The Arcadia Tree Commission shall act as an advisory body to the City Council and shall review the annual City-owned tree inventory and master plan prepared by the Public Works Department which shall be presented to the City Council for approval and implementation.

Street trees may be removed either by the City or by the owner of real property adjacent to the street tree only under the circumstances and in accordance with the tree removal policy, as set forth in the City of Arcadia Street Tree Master Plan, as it is adopted and may be amended from time to time by resolution of the City Council.

(Amended by Ord. 2153 adopted 2-19-02)

The Director of Public Works or his designee may remove any City-owned tree or part thereof located on public property if such tree is dead, diseased beyond recovery, presents a safety problem, or causes extensive sewer problems due to tree root intrusion.

No person shall plant, remove, cut any portion of or damage any City-owned tree or shrub on any public property without first obtaining a permit from the Arcadia Public Works Department. The person receiving the permit shall abide by the standards set forth in the permit, this Chapter and all other applicable sections of this Code. The permit shall be void and of no further effect thirty (30) days from and after the date it is issued, unless a longer duration is specifically provided for when the permit is issued.

9807. • Fee.

A property owner who requests removal of a street tree shall pay to the City the actual costs of street tree removal and replacement. Before a street tree is removed pursuant to this Chapter at the request of a property owner, the property owner shall submit to the City a deposit equal to the amount determined by the Director of Public Works to be the estimated cost to remove and replace the street tree (depending on size of the tree and other parameters that may impact the ability to remove/replace the tree). Following completion of street tree removal and replacement, the Director of Public Works will refund to the property owner any portion of the deposit which exceeds the actual costs of the street tree removal and replacement. In the event that the actual cost of street tree removal and replacement exceeds the amount of the deposit, the property owner shall promptly pay to the City the difference upon receipt of billing from the City.

(Amended by Ord. 2153 adopted 2-19-02)

No person shall engage in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating City-owned trees on public property, without first obtaining a business license from the City.

The Arcadia Public Works Department shall have the right to plant, prune, maintain, remove and treat Cityowned trees on all public property, without first obtaining a permit in accordance with this Chapter.

The Arcadia Public Works Department shall have the right to review all plans for new development in the City and may require as a condition of approval of a project that a particular number of street trees of the species described in Section 9811 be planted in accordance with this Chapter.

Street trees shall consist of those species set forth in the Street Tree Master Plan, as it is adopted and may be amended from time to time by resolution of the City Council.

(Amended by Ord. 2153 adopted 2-19-02)

The following regulations shall apply to the planting and maintenance of all street trees.

(a)

Whenever trees are planted within the public right-of-way, such planting shall adhere to those tree planting regulations set forth in the Street Tree Master Plan as it is adopted and may be amended from time-to-time by resolution of the City Council.

(b)

The owner of property adjacent to a parkway or public right-of-way shall have the responsibility to maintain in good condition all street trees in the parkway or public right-of-way. Such maintenance shall include, but is not limited to, consistent deep watering to help train roots to grow down and away from other sources of moisture (e.g., water/sewer laterals and irrigation systems) and to prevent roots from surfacing, causing hardscape damage. The owner of property adjacent to a parkway or public right-of-way shall report to the Street Superintendent any tree that is in less than good condition. For purposes hereof, the phrase "less than good condition" shall include, but is not limited to, a tree which has (a) low hanging and/or broken/dead branches which may impede pedestrian or vehicular traffic, or (b) any sign of disease, decay, and/or insect infestation. Said property owner shall also be responsible for prompt clean up and removal of any fruits, flowers or pods which drop from a street tree and any necessary removal and/or maintenance of roots of street trees on said owner's private property. The City shall not be responsible for damage to private property or improvements installed within the public right-of way.

(Amended by Ord. 2153 adopted 2-19-02; amended by Ord. 2162 adopted 9-3-02)

It is unlawful for any person to top any street tree or other tree on public property. Topping is defined as the severe cutting back of limbs within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other natural causes or trees under utility wires or other obstructions which cannot be removed to provide for proper pruning may be exempted from this Section by the Director of Public Works or his designee. An application for an exemption from this Section must be filed with the Public Works Department.

The Director of Public Works, through the City Code Enforcement Officers, shall enforce the provisions of this Chapter. Additionally, City Police Officers, Building Inspectors and members of the Public Works Department, in the course of their duties, shall when monitoring construction activities check for compliance with the provisions of this Chapter. Any irregularities or suspected violations of this Chapter shall be reported immediately to the Code Enforcement Office.

(a)

Criminal. Any person who violates any provision of this Chapter shall be subject to the following remedies, in addition to any penalties as set forth in Section 1200 of the Arcadia Municipal Code.

(b)

Restitution—Civil Penalties.

(1)

It has been determined that street trees within the City are valuable environmental assets to the citizens of the community and as a result of the loss of any trees on public property, the public should be

compensated, and penalties applied to assure the primary goal of conservation, protection and preservation of trees as set forth in this Chapter.

(2)

Accordingly, any person violating the provisions of this Chapter shall be responsible for proper restitution including, but not limited to the following or any combination thereof:

(A)

Payment of a fine;

(B)

Replacement of a tree which has been removed, cut and/or damaged; and

(C)

The planting of a new tree.

(3)

The replacement of street trees shall be made based on the value or the actual replacement costs of the street tree removed, cut, damaged or destroyed, whichever is higher, plus the cost of planting the replacement street tree. The type, number, size and location of replacement street trees shall be determined by the Director of Public Works or his designee.

(4)

The City Attorney shall be authorized to take whatever civil or criminal legal measures are necessary to enforce the provisions of this Chapter and to recover civil penalties.

(Amended by Ord. 2127 adopted 8-15-00)

Any aggrieved property owner who requests removal of a street tree may appeal a decision of the Director of Public Works Services by filing a written notice of appeal with the City Manager. The appeal shall be heard by the City Manager who may affirm, amend or reverse the decision or take other action deemed appropriate.

Any decision by the City Manager shall be in writing and shall be provided to the appellant within thirty (30) days of the filing of the written appeal. In determining the appeal, the City Manager may consider all relevant evidence bearing on the appeal and shall not be limited by technical rules of evidence.

(Amended by Ord. 2153 adopted 2-19-02)

(Chapter 8 added by Ord. 2006 adopted 6-7-94. Chapter 8 amended by Ord. 2153 adopted 2-19-02)