Atherton Municipal Code Ch. 8.08 Dead or Dangerous Trees

Sections:

• 8.08.010 Responsibility of property owner.

• 8.08.020 Notice—Failure to remove.

• 8.08.030 Enforcement.

It shall be the responsibility of owners, tenants and occupants of property to discover the existence of dead or dangerous trees located on such property. Any owner, tenant or occupant of property in the town on which property there is a tree which appears to be dead, is liable to fall, is dangerous, is an obstruction to public travel, or otherwise constitutes a hazard or obstruction to public access or infrastructure shall report in writing the existence of such hazard to the superintendent of streets and shall, within ten days after observation thereof, at his own expense, cut down and remove such tree. (Ord. 663 § 2, 2023; Ord. 329 § 7, 1974; Ord. 297 § 1, 1970)

On receipt of such report or in the event such a tree is otherwise reported and its existence confirmed, the superintendent of streets shall issue a notice in writing to such owner, tenant or occupant directing him to prune, remove roots, cut down or remove such tree. In the event such owner, tenant or occupant shall fail for twenty-one days after receipt of such notice to comply therewith, he shall be guilty of a misdemeanor for each day he shall thereafter fail to prune, remove roots, cut down or remove such tree; provided, that in the event of filing by such owner of objection as provided for by California Streets and Highways Code Section 22062, a hearing shall be held by the city council at its next meeting, and such owner, tenant or occupant shall be guilty of an infraction for each day he shall fail thereafter to cut down or remove such tree following the twenty-first day after receipt of notice of approval by the city council of the removal of such tree. Any person convicted of such misdemeanor shall be punished by a fine of not to exceed two hundred fifty dollars for each day of commission thereof. (Ord. 663 § 2, 2023; Ord. 387 § 8, 1981; Ord. 329 § 7, 1974; Ord. 297 § 2, 1970)

The superintendent of streets shall have such powers as are necessary for the proper enforcement of this chapter, including such powers as are granted by California Streets and Highways Code Sections 22000 through 22062. (Ord. 663 § 2, 2023; Ord. 329 § 7, 1974; Ord. 297 § 3, 1970)