Chapter 12.12 — STREET TREES

This chapter may be referred to as the "street tree ordinance."

(Ord. 275 §1(part), 1994).

In this chapter unless the context otherwise requires:

A.

"Director" means the director of field operations of the city.

B.

"Hedge" means any plant material not defined in this chapter as a "hedge," "shrub" or "street tree," which is nonwoody, whether annual or perennial in nature and not necessarily hardy.

C.

"Plant" means all plant material not defined in this chapter as a "hedge," "shrub" or "street tree," which is nonwoody, whether annual or perennial in nature and not necessarily hardy.

D.

"Public place" means all open areas not designated as a "park" or "street," open to the public and owned by or leased to or under the control of the city.

E.

"Shrub" means any woody perennial plant which is normally low, several stemmed, adaptable to shaping, trimming the pruning without injury.

F.

"Street tree" means any woody perennial plant having a single main axis or stem commonly achieving ten (10) or more feet in height and capable of being pruned and shaped to develop a branch-free trunk at least nine (9) feet in height planted and/or maintained within a park, public place or street or planted and/or maintained on private property to the extent it encroaches or overhangs a park, public place or street.

G.

"Superintendent" means the streets superintendent of the city.

(Ord. 275 §1(part), 1994).

The city planning director shall prepare and adopt a street tree management plan to include:

A.

A list of approved street trees giving the common and botanical names;

B.

Management practices regarding planting, maintenance, recycling and replanting of street trees;

C.

Specifications regarding how a tree should be planted and staked, the proper spacing between street trees and the property setback from curbs and sidewalks.

(Ord. 275 §1(part), 1994).

The director shall plan, administer, control and regulate the street tree program of the city in accordance with the management plan and this chapter. The director may develop practices and procedures to implement this chapter and the management plan.

(Ord. 275 §1(part), 1994).

The director has the authority to maintain and care for (1) streets and (2) private trees to the extent they overhang or project within a public right-of-way, street or public road, as needed. The director shall develop a program to encourage planting of approved street trees throughout the city.

(Ord. 275 §1(part), 1994).

No street tree shall be planted after the effective date of this chapter except in accordance with the management plan and this chapter.

(Ord. 275 §1(part), 1994).

No person may plant, cut, trim, remove, prune, shape, injure, interfere with or do maintenance work on a street tree without first obtaining a street tree permit from the city. The permit shall be issued only for work to be done in compliance with the management plan and this chapter and shall be issued with a fee, which shall be in an amount set by resolution of the city council. The street department shall supervise work done under a permit, to the degree possible and feasible.

(Ord. 275 §1(part), 1994).

(Ord. No. 450, § 10, 6-19-2018)

No person shall:

A.

Break, damage, deface, burn, injure, mutilate, destroy or kill any street tree;

B.

Set or permit any fire to burn where such fire or the heat therefrom will injure any street tree;

C.

Apply, attach or place to any street tree or to any guard or stake intended for the protection thereof any paint, rope, sign, wire or any other device or substance of any kind or nature whatsoever without prior written authority therefor issued by the director;

D.

Authorize, cause or permit any substance deleterious to tree life on or into the soil about the base of any street tree or on any paved area from which the substance may seep into such soil;

E.

Cause or permit concrete, stones or other substances to be maintained or placed in such a manner as to impede the free access of air and water to any street trees; or

F.

Delay, interfere with, obstruct or resist the director, or his/her designee in the planting, maintaining or removal of street trees.

G.

Allow a gaseous liquid or solid substance which is harmful to come in contact with a street tree.

(Ord. 275 §1(part), 1994).

No person may place or maintain a stone, cement or other substance so that it impedes the free access of water or air to a street tree. At least twelve (12) square feet of open ground shall be maintained around a street tree unless the director specifically permits otherwise. Ground shall be considered "open ground" for these purposes, even if planted with grass or other ground cover plants.

(Ord. 275 §1(part), 1994).

No person may interfere with the director, or his or her designee, or contractor while the director, his or her designee, or contractor is planting, maintaining, treating or removing a street tree, or is removing a stone, cement or other substance from around the trunk of a street tree.

(Ord. 275 §1(part), 1994).

When the erection, repair, alteration or removal of a structure necessitates the trimming, pruning or removal of a street tree, such tree work may be done only after a written permit is issued by the superintendent and at the expense of the applicant. As a condition to granting a permit for the removal of a tree under this section, the applicant shall replace the removed tree with an approved tree in conformance with the management plan. Before the permit is issued, the applicant shall post security (cash or a bond) with the city in an amount sufficient to cover the cost of replacing the tree.

The city may use the security to defray its cost of replacing the tree if the applicant fails to do so within a reasonable time. If the applicant does replace the tree within the designated time, the applicant's security will be released by the city.

(Ord. 275 §1(part), 1994).

No person may maintain a tree on private property in a manner which becomes a hazard to pedestrian or vehicular traffic by obstructing vision or impairing necessary clearance or which impairs the security or usefulness of a public street, sewer, sidewalk or other public or private property.

(Ord. 275 §1(part), 1994).

A private tree maintained contrary to this section is a public nuisance. To declare a public nuisance, the planning director shall give written notice to the owner of the property upon which the nuisance exists to trim, remove, or otherwise control the tree in a manner that will abate the nuisance. The notice shall be given by personal service or by mailing to the owner of the property as shown on the last assessment roll. Failure to comply with the notice within ten (10) days is a violation of this section, and the planning director shall correct such condition at the expense of such property owner.

Nothing contained in this chapter shall be deemed to impose any duty or liability on the city nor to relieve any property owner of the duty to keep all trees planted and/or maintained on such private property in such condition so as not to endanger or constitute a hazard to the health, safety, welfare or property of the public.

(Ord. 275 §1(part), 1994).

As a condition of approval of a parcel map, tentative map, conditional use permit, architectural review permit or building permit, the applicant may be required to plant street trees on the subject property in accordance with the city's management plan. Before the approval of any parcel or final map, the applicant shall pay to the city any applicable street tree planting fee established and affixed by the city council by resolution and thereafter, at an appropriate time, the director shall plant or cause to be planted the street trees. In the alternative, applicant shall have the trees planted.

(Ord. 275 §1(part), 1994).

In an emergency when a tree is interfering with and interrupting service, a public utility company providing gas, water, electricity, telephone, telegraph or cable service within the city may, without first obtaining a permit, trim or remove branches of trees to the extent necessary to restore service.

(Ord. 275 §1(part), 1994).

Any person affected by any action, decision or ruling of the director pursuant to this chapter may, within ten (10) days of the date of such action, decision, or ruling, appeal the same to the city council by filing a

written notice of appeal, which shall specify with particularity wherein such action, decision or ruling was in error, with the city clerk. Within forty-five (45) days of the date of the filing of a notice of appeal, the city shall set the appeal for hearing by the city council and, at least ten (10) days prior thereto, give to the appellant, the director and any other person requesting same, written notice of the date, time and place set for the hearing on the appeal. The appellant shall have the right to the assistance of counsel, or may appear by counsel, and shall have the right to present evidence. At the hearing on the appeal, the city council shall consider the record and any additional evidence that may be presented. The city council may continue the hearing on the appeal for not to exceed thirty (30) days.

Within (10) ten days of the conclusion of the hearing on the appeal, the city council shall render its decision on the appeal and may affirm, modify or reverse, in whole or in part, the action, decision or ruling appealed from, or may take or make such additional or substitute action, decision or ruling as it may find warranted. Within five (5) days of the date the city council renders its decision on the appeal, the city clerk shall give notice thereof to the appellant, the director and any other person requesting the same. The decision of the city council shall be final.

Any and all notices shall be in writing and shall be served either personally or by mail. If served personally, service shall be conclusively deemed made at the time of service. If served by mail, service shall be conclusively deemed made forty-eight (48) hours after deposit thereof in the United States Postal Service mail, postage prepaid, addressed to the person to whom such notice is to be given.

(Ord. 275 §1(part), 1994).

Any person who violates any of the provisions of this chapter or any of the provisions of any written authority issued by the director shall be liable for a civil penalty of not to exceed one hundred dollars ($100.00) per day for each and every day, or any part thereof, during which any such violation is committed, continued or permitted, which shall be assessed and may be recovered in a civil action brought in the name of the city.

(Ord. 275 §1(part), 1994).

The following are declared to be public nuisances:

A.

A dead, diseased, infested or dying tree on private property so near to any street tree as to constitute a danger to street trees, or streets, or portions thereof;

B.

Any tree or shrub on any private property or any shrubs in a parkway strip of a type of species which damages, destroys or otherwise interferes with any street improvement, sidewalks, curbs, approved street trees, gutter, sewers, or other public improvements including mains or service, or threatens to so damage, destroy or impair same;

C.

Vines or climbing plants growing into or over any street trees or any public hydrant, pole, or any part of such pole;

D.

Existence of any tree on private property within the city limits which is infested, infected, or in danger of becoming infested or infected with injurious insects, scales, fungus, or growth;

E.

The existence of any branches or foliage on private property which interferes with visibility on, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel;

F.

Hedges or dense thorny shrubs and plants on any street or parkway strip or part thereof;

G.

Shrubs and plants more than twelve (12) inches in height in any parkway strip, measured above top of curb grade;

H.

The construction or maintenance of any type of wall or fence around or within any city right-of-way or portion thereof, unless an encroachment permit has been issued therefore by the planning director;

I.

The placing or maintenance within any city right-of-way or portion thereof, of any solid landscaping, decorative materials, or plantings, including but not limited to large rocks, driftwood or planters made of tile or concrete pipe sections, which protrude more than twelve (12) inches above the level of the curb and sidewalk and which are continuous with the length of a parkway strip, or otherwise tend to block the free movement of pedestrians across the width of a parkway strip;

J.

The placing or maintenance of any type of ground cover or plant materials within two (2) feet of the base of any tree in a parkway strip or other place along which the city has a tree planting easement;

K.

Concrete, asphalt, tar paper or plastic membranes or other types of impervious materials placed in a parkway strip or tree easement in such close proximity to a street tree as to impede the movement of soil, air and water which are necessary to sustain growth and development of the street tree;

L.

Removal from or planting, trimming or pruning an official street tree on any public area along a city street without a written permit from the director;

M.

Planting a tree, shrub or plant in or on public property or a public street tree easement without a written permit from the director;

N.

Excavating any ditches, tunnels or trenches or installation of pavement within a four-foot (4′) radius of any public tree without a written permit from the director;

O.

Failure, neglect or refusal to guard and protect a public tree while performing any work of excavation or construction on any street or publicly owned property;

P.

Failure, neglect or refusal of any owner or occupant of property abutting a parkway to maintain that portion of the parkway adjacent to the property, including but not limited to periodic and regular watering and weed control;

Q.

Paving or covering all or part of a parkway strip without a written permit from the director;

R.

Abusing or mutilating trees as set forth in Section 12.12.080 of this chapter;

S.

Failure, neglect or refusal by a property owner to repair a sidewalk adjacent to the owner's property which was damaged by a tree on the owner's property consistent with Chapter 12.12 of this code.

(Ord. 275 §1(part), 1994).

A.

Initiation of Proceedings. The planning director shall initiate proceedings to abate or correct a public nuisance by giving notice as provided in this section.

B.

Notice. The notice to appear shall be personally served and posted as follows: by personally serving the notice upon the person responsible for the nuisance and the owner, tenant or other person in possession or control of private property adjacent thereto and adjacent to the public sidewalk, street or other

thoroughfare on the same side and in front of the premises upon which or abutting the public place on which the nuisance exists.

C.

Form of Notice. The heading of the notice shall read "NOTICE TO ABATE NUISANCE" in letters of not less than three-quarters (¾) of an inch in height and the notice shall be substantially in the form as follows:

NOTICE TO ABATE NUISANCE

To: _____

YOU ARE HEREBY NOTIFIED THAT:

1. The following public nuisance exists:

---

(Place and description of nuisances)

2. The public nuisance was caused by or results from

---

(Describe cause of nuisance)

3. City Ordinance Section ________ prohibits maintenance of such public nuisance and requires abatement. A copy of the applicable Ordinance Section is attached for your information. A complete copy of the Ordinance is available for your review in the office of the City.

4. You are hereby required to abate or correct the public nuisance within _______ days from and after receipt of this Notice or the Director of Field Operations will cause abatement thereof at your cost and expense to be collected in an appropriate civil action or assessed as a lien against the parcel of property known as _____

_____

(street address)

in the City of Arvin, Kern County, California, and described as follows:

---

---

(Assessor's parcel # & legal description)

5. You may appear before the Director of Field Operations on or before the _______ to protest this Notice and show cause why it should not be implemented or for the purpose of reasonably scheduling abatement or correction of the public nuisance.

6. If you do not so appear, it shall be deemed a waiver of your right to protest or schedule abatement and the Street Supervisor will proceed to abate the nuisance as proved in Ordinance #_____ at your cost and expense, which is collectible pursuant to said Ordinance by an appropriate legal action or assessment on the parcel of property described in Paragraph of this Notice.

7. If you do appear and do not accept the determination of the Director with respect to your protest, you may file a written appeal with the City Council within ten days after receiving said determination.

8. The City Council, or its designee, upon receipt of your appeal will set and conduct a hearing within thirty (30) days thereafter for the purpose of approving, modifying or disapproving the Director's determination.

DATED ________, at Arvin, California

---

(Planning Director).

D.

Affidavit of Service. The planning director or person designated to personally serve and post the notice shall file an affidavit with the city clerk certifying that: (1) personal service was made on the date recited therein by registered or certified mail or personally delivered to the named person or persons, and (2) posted on the date therein recited at the places described therein as set forth in this section.

E.

Protest Hearing. At the time set in the notice for protest the planning director shall hear the protest and/or proposed schedule for abatement or correction of the nuisance. The protest hearing may be reasonably continued by the director. Based on relevant facts the director may: (1) reject the protest and in writing inform the protestant that the provisions of the notice will continue in effect, or (2) allow the protest in whole or in part and in writing inform the protestant regarding that determination. The director shall also inform the protestant in writing that a written appeal may be filed with the city council within ten (10) days after issuance of the rejection of determination.

F.

Appeal to City Council. Upon receipt of the appeal, the city council shall set a hearing and give written notice thereof to the appellant and the planning director. The city council shall hold a hearing on the date set or as reasonably continued, consider the evidence presented, and order approval, modification or disapproval of the director's rejection or determination and give notice thereof to the appellant and the director, including in the notice advice of further actions to carry out the order.

G.

Actions Following City Council's Order. If the City Council approves the director's protest rejection or modified the director's determination, the director within fifteen (15) days thereafter, shall cause the nuisance to be abated as noticed or in accordance with the modification, whichever is applicable. The appellant may abate the nuisance if same is done prior to the undertaking to abate by the director. If the city council disapproves the director's protest rejection or determination, the director shall take no further action or proceedings with respect to the notice to abate.

H.

Record of Abatement Cost and Expense. Director of field operations shall keep an accurate account of the items of work and cost thereof and overhead expense incurred in abating the nuisance.

(Ord. 275 §1(part), 1994).

Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter shall be guilty of an infraction. Any person convicted of an infraction for violation of this chapter is punishable by: (1) a fine not exceeding fifty dollars ($50.00) for a first violation; (2) a fine not exceeding one hundred dollars ($100.00) for a second violation of this section within one (1) year; and (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation of this chapter within one (1) year.

(Ord. 275 §1(part), 1994).