Carpinteria Municipal Code Ch. 12.28 Street Trees, Shrubs and Plants

Footnotes:

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For statutory provisions on injuring shade or ornamental trees, see Penal Code § 622.

A. Purpose. This chapter is adopted for the purpose of establishing rules and regulations relating to the planting, care, maintenance and removal of trees, shrubs and any other plantings in public areas, rights-of-way and easements, and relating to certain activities on private property.

B. General Findings. The city council makes the following general findings regarding the relationship between health, safety and the general welfare and protection and maintenance of street and private trees as addressed in this chapter:

1. They are a valuable long-term community asset, and intend to increase property values in their vicinity.

2. They recycle air and water, convert carbon dioxide into oxygen, provide shade and windbreak protection, can moderate temperatures for an entire neighborhood or community, and thereby protect us from climatic extremes.

3. They screen or absorb dust and pollutants, and buffer traffic and other noise.

4. They impart greater satisfaction and quality to community life by contributing to the pleasantness and serenity of neighborhoods, and filling and enhancing our physical environment with life and beauty.

5. Their presence in our lives does much to reduce the stress of modern living.

6. They diffuse the effects of rain in weathering houses, eroding topsoil, and causing flooding, and provide enrichment of the soil for more plant growth.

7. They provide habitat for birds and other animals so that we may live in a natural balance of nature.

8. They give the community a feeling of presence and dignity, help express the caliber and pride of its residents, and make it more attractive to existing and prospective residents and visitors.

9. They enhance the architectural character of a neighborhood, accent or soften the effect of structures, promote visual formality and aesthetic interest, and screen undesirable views.

10. Inappropriate trees planted in particular locations, as well as failure to properly and systematically maintain street trees and certain private trees, can create dangerous conditions, result in discordant plant types, and promote the spread of disease among various species.

11. Having a formal, city street tree management plan will insure that the community will realize the benefits from trees through proper management of the city's urban forest, with due regard for the desirability of identifying preferred species in designated locations and minimizing damage to curbs, gutters, sidewalks and other public or private facilities.

12. Because it can take decades to grow a mature tree, but only moments to destroy it, due deliberation is called for in considering any action which may adversely affect a street tree, particularly with regard to historic or specimen trees whether on public or private property.

13. Provisions for urban landscaping and street tree policies are included among the standards and review procedures of the community design element in the general plan, and are intended to enhance the city's positive image, use open space and landscaping to strengthen community identity, provide visual relief in heavily developed areas and ensure aesthetic appearance of parkways, use selective landscaping to establish neighborhood theme and character, and promote functional landscaping as part of energy-efficient community design standards using low maintenance, drought-resistant and wind-resistant species, while protecting views of the mountains and enhancing their role as a point of reference.

14. The community design element of the general plan calls for street tree policies which provide an environment to encourage pedestrian traffic through the community, reinforce human scale, minimize the visual dominance of paved surfaces, develop and expand citywide street landscaping and tree guidelines for the use of both the public and private sectors, and encourage use of landscape maintenance districts.

15. In order to effectively nurture and sustain the city's urban forest, it is appropriate and necessary that the resident living closest to an adjacent parkway provide for the maintenance of any street trees planted therein, for such resident receives greater direct benefit from them than other community residents, and is uniquely in a position to provide such maintenance.

16. For all of the reasons set forth in subdivisions 1 through 15 of this subsection, there is a direct and reasonable relationship between development on any parcel of property within the city and the need for and provision of street trees on adjoining parkways, including the charging of fees to assure such provision prior to the issuance of building permits. Such development creates conditions on the site which would, if not mitigated, have a negative effect on the character of the neighborhood and the minimum aesthetic values necessary for the health, safety and general welfare of the community.

(Ord. 433 § 2 (part), 1988)

The following definitions shall apply to this chapter:

A. "City" means the City of Carpinteria acting by and through its authorized representatives.

B. "Conforming tree" means an approved tree that is included on the city's adopted master street tree list, planted and grown in accordance with the street tree management plan.

C. "Director" means the city manager or his designee.

D. "Even-aged" means those trees of similar species, or of different species with similar lifespan, all of which were planted at approximately the same time and are likely to decline simultaneously.

E. "Ground cover" means grass, turf or perennial plants that normally grow in a prostrate manner so as to conceal, or with the purpose of concealing, the ground surface that do not exceed eight inches in height, and will tolerate light pedestrian traffic.

F. "Hedge" means any plant material, shrub or plant, when planted in a dense, continuous line or area, as to form a thicket or barrier.

G. "Maintain" or "maintenance" means and includes pruning, spraying, root pruning, mulching, fertilizing, cultivating, supporting, treating for disease or injury, promoting public safety or other similar act which promotes the life, growth, health or beauty of any planting on public property.

H. "Monocultures" means single species plantings, whether or not even-aged, which can intensify problems of disease susceptibility and/or insect infestation.

I. "Park tree" means any tree, shrub or other plant located on, in or over any public area.

J. "Parkway" means that portion of a public street which is not improved for actual street, curb, gutter or sidewalk use and which is available for planting and maintaining street trees.

K. "Private tree" means any tree which is not a street tree, and which is located on private property.

L. "Property owner" means the legal owner of any real property facing on any street of the city, and any lessee of such owner.

M. "Protected tree" means any tree in one or more of the following categories which are to be protected and preserved as long as possible:

1. "Exceptional specimen tree" means a tree considered an outstanding specimen of its species by reason of age, rarity, location, size, aesthetic quality, endemic status or unique character.

2. "Habitat tree" means a tree (or any group of trees) which has special importance as a wildlife habitat.

3. "Historic tree" or "heritage tree" means a tree which is of historic significance as defined under "historic planting," or which has taken on an aura of historic appeal.

N. "Pruning, "trimming" or "thinning" means methods to control the height and spread of a tree, preserve its health and appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within, and make adjustments which will increase its longevity in an urban environment.

O. "Public area" means any park, playground or area around public buildings, public parking lots and all other areas under the supervision and control of the city, not including any public street.

P. "Public street" means and includes every way set apart for public travel or use in the city, including any area available for use as a city street, road, avenue, boulevard, lane, alley, parkway, planting strip, curb, gutter or sidewalk owned by the city in fee or as an easement or right-of-way for public use.

Q. "Root barrier" means any number of devices, materials or methods of directing or redirecting the root systems of trees away from the surface of the ground in order to minimize root damage to adjacent concrete or asphalt public improvements, or to nearby utilities or structures, and to so control growth of tree root systems as to assure more deeply-rooted and firmly-anchored trees which are better able to withstand strong winds.

R. "Root pruning" means cutting back tree roots where they may be damaging curbs, gutters, sidewalks, driveways, and possibly sewer and water lines or other utilities in an attempt to prevent further damage, undertake necessary concrete repair work, and to avert or at least postpone the need for actual tree removal.

S. "Street tree" means any tree located on, in or over any parkway within the city.

T. "Topping," "hearing," "stubbing" and "pollarding" mean relatively severe types of pruning which usually produce less desirable results than more moderate pruning with respect to a tree's natural form, and which should be used sparingly only when considered necessary or to eliminate hazards to human life or private property.

U. "Tree" means any woody plant, including a palm, which has the potential of attaining a minimum height of fifteen feet and has a canopy of foliage borne normally by a single trunk.

V. "Tree well" means a planting area found in an otherwise paved public street and is included in the definition of parkway.

W. "Urban forestry" means the scientific management of nonindigenous plantings creating a forest in the human living environment, and emphasizing the practice of wise professional planned care and development of all tree resources within an urban area including trees on public streets, public areas and on private property to provide for multiple use benefits for the general well-being of the entire community.

(Ord. 508 § 2, 1994; Ord. 433 § 2 (part), 1988)

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

A. A master street tree list of approved trees giving their common and botanical names, and regulations and criteria relating to the location and manner of planting such trees as will protect public safety and public improvements, including consideration of the relationship of the size of a species at maturity to its designated locations;

B. Management practices regarding planting, maintenance, recycling, removal and replacement of street trees;

C. Specifications regarding how a tree should be planted and staked, guying, preparation of the planting area, the use of root barriers, the proper spacing between street trees, considerations of line of site and public safety, and the proper setback from curbs, sidewalks, fire hydrants, public utilities and street intersections;

D. A comprehensive street tree inventory specifying the location, distance from the curb, species, age and life expectancy, necessary maintenance, the size and condition of existing street trees (and estimated monetary value) the characteristics of each occupied and vacant planting site, and the nature and extent of any damage to public or private improvements attributed to any tree;

E. A systematic, orderly program for the scheduling of street tree maintenance on a regular basis, and specifications regarding pruning, trimming, thinning, topping, heading, stubbing and pollarding;

F. Goals, guidelines and criteria with regard to tree canopy density, staged removal and replacement, monocultures, even-aged trees, temporary or interim trees, rotational reforestation and renewal, species selection and diversification, living and nonliving groundcovers, the relationship between viewscapes and tree heights and/or canopies, solar access, and public education and involvement.

Such plan shall also be developed to complement and be consistent with the city general plan, local coastal plan, any applicable specific plan and any adopted landscape requirements and standards for each city zoning area and street configuration, and to comply with all coastal commission requirements.

(Ord. 508 § 3, 1994; Ord. 433 § 2 (part), 1988)

Street tree plantings shall first be considered from the standpoint of the people using or passing along the streets, and in terms of the broader community benefit. Of secondary consideration is the benefit, embellishment or enhancement of the properties abutting the street.

(Ord. 433 § 2 (part), 1988)

A. Creation and Establishment. There is created a city tree advisory board which shall consist of five members, who shall be residents of the Carpinteria Valley area. They shall be appointed by the mayor with the advice and consent of the city council. The members shall be lay citizens, and others with established professional competence in a pertinent discipline, and the following characteristics or attributes may serve as guidelines in making appointments to the board:

1. Members of the public interested in trees as a major component of Carpinteria's physical and aesthetic environment;

2. Arborists, ornamental horticulturists, and landscape architects and designers, or those with a technical background in a related field. At least two members of the board shall have such a professional background;

3. Other qualified and interested persons from garden clubs, conservation and beautification organizations;

4. Members of the academic community with training in the biological or other natural sciences.

B. Term of Office. The term of office for members of the tree advisory board shall be two years. All terms shall expire on January 31st of odd-numbered years. In the event that a vacancy should occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. Members may serve more than one term.

C. Compensation. Members of the tree advisory board shall serve without compensation. Members shall be reimbursed for any expenses incurred as a result of authorized business related to their responsibilities as members of the board.

D. Organization. The board shall, immediately upon its appointment and taking office, elect a chair and vice-chair from among its membership, and thereafter at its regular meeting closest to and following February of odd numbered years. The board shall be subject to all local and state laws relating to meetings of public bodies, adopt and operate under its own rules of order and procedure as may be necessary, establish dates for its regular meetings which shall be held at least twice per year or more often as needed at a time and place determined by the board, and determine the method of calling special meetings. Minutes shall be kept of all meetings by the city clerk or his designee, who shall serve as secretary to the board.

E. Attendance. In the event a member of the board shall not attend two consecutive regular meetings, unless excused by the chairman of the board for good cause, the position of such member shall be deemed to be vacant, and the term of such member terminated, and the mayor notified immediately by the chairman of such termination.

F. Duties and Responsibilities. In addition to all other duties and responsibilities set forth in this chapter, the board shall act in an advisory capacity to the city council, city manager and city staff in the administration of this chapter and with regard to all street tree matters. The board shall have the following duties and responsibilities:

1. Assist the director and city staff in the development, review and amendment of the comprehensive street tree management plan, street tree inventory, master street tree list, list of acceptable groundcover plantings for parkways and public areas, and landscape plan requirements for private developments;

2. Review and make recommendations regarding the city's annual street tree work program and budget;

3. Recommend a policy and guidelines on tree removal and replacement, to be reviewed annually, and a regular, periodic programmed maintenance schedule;

4. Advise on the technical problems of trees, including spraying, diseases, maintenance, pruning and related problems;

5. Make recommendations concerning overall policies, standards, guidelines and regulations for street trees and other plantings within the city;

6. Administer and annually update the written street tree management plan with regard to the care, preservation, pruning, planting, replanting, removal or disposition of street trees. Such plan shall be presented annually to the city council and upon council acceptance and approval shall constitute the official comprehensive street tree plan for the city;

7. Upon request by the city council or the director, shall consider, investigate, make findings, report and recommend upon any special matter or question relating to street or private trees within the city;

8. Hear appeals from residents on city staff decisions regarding permit denials, planting, trimming, pruning, removal or planting of trees, and conduct public hearings on tree removal requests. The board's decisions shall be appealable to the city council;

9. Recommend to the city council regarding the designation of "specimen" or "historic" trees and plantings, and any other category of "protected" tree as defined in this chapter.

(Ord. 508 § 6, 1994; Ord. 433 § 2 (part), 1988)

The director shall be responsible for the enforcement of this chapter.

(Ord. 508 § 7, 1994: Ord. 433 § 2 (part), 1988)

Subject to other provisions of this chapter:

A. Director Responsible. The director is made responsible for the inspection, maintenance, removal and replacement of all street trees, and shall plan, administer, control and regulate the street tree program of the city in accordance with the street tree management plan and this chapter. The director shall also have authority to maintain and care for, as needed, street trees, and private trees to the extent they overhang or project in or on a public street or public area or adjacent private property as is reasonably necessary for the purpose of planting, maintaining, removing or replacing street trees.

B. Roots. The director may cause the roots of established trees which have caused damage to be cut back as long as such remains a feasible, cost-effective way to avoid actual tree removal. Overhead limbs may be pruned or cut back to compensate for loss of root area.

C. Protected Trees. This chapter is intended to give, and gives, full and complete authority to the director over any and all official, specimen, historic or otherwise protected trees and plantings now existing or hereafter to be planted and grown upon any and all public streets and public areas in the city which are now or in the future will become a part of a comprehensive plan for planting and maintenance of trees in such areas.

D. Private Trees and Other Plantings. The director shall have authority over private trees or other plants to the extent provided for in Section 12.28.210C of this chapter.

(Ord. 508 § 8, 1994; Ord. 433 § 2 (part), 1988)

A. Permit Required. No person shall plant, remove, trim, prune, spray or cut above or below ground portions of any street tree without first obtaining a permit to do so from the director subject to the provisions of this chapter and the street tree management plan.

B. Open Ground for Trees.

1. 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 sixteen square feet of open ground shall be maintained around a street tree unless the director specifically permits otherwise.

2. No person may plant, place or construct shrubs, trees not on the adopted master street tree list, flowers, vines, fences, rocks, gravel, signs, stakes or other substances or objects, except watering basins for young trees and temporary protection for newly planted lawns, or cause or create conditions of uneven ground, holes or other hazards, in a parkway without first obtaining a permit to do so from the director.

(Ord. 508 § 9, 1994; Ord. 433 § 2 (part), 1988)

A. Violations of Chapter. It shall be unlawful and a public nuisance for any person to plant, remove, prune, injure or destroy any street tree except in conformance with the provisions of this chapter.

B. Interference with Work or Enforcement.

1. No person shall interfere with or cause any person to interfere with any work being done under the provisions of this chapter by the director or any employee of the city, or by any person or firm doing work on a contract basis for the city or under a permit granted by the city, nor interfere with or cause any person to interfere with or delay the authorized representatives of the city from the execution and enforcement of this chapter, except as provided by law.

2. No person shall interfere with or cause anyone to interfere with or damage any overhead wires or underground pipes or conduits while removing, trimming or cutting any street trees. The owner of such facilities shall be notified when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to overhead wires, underground pipes or conduits shall be the responsibility of the person, firm or corporation doing or causing the work to be done. The city and its officers and employees shall be exempt from the provisions of this subsection.

C. Nonpermitted Plantings. No person shall plant or install in a parkway or public area:

1. Any nonconforming tree;

2. Any other plant the ultimate growing height of which is over eight inches;

3. Any nonliving ground cover not included within the street tree management plan.

Any violations of these provisions will require the violator to pay the cost of maintaining, removing or replacing of such plantings, and violators shall also be responsible for the repair of any damage they may cause. These shall be in addition to any other penalties for violation of this chapter.

D. Damage to Street Trees.

1. Unlawful to Damage Trees. It shall be unlawful for any person to cause damage to any street tree by any act or omission, whenever such act or omission is prohibited by or not authorized by this chapter. Wilful injury to or disfigurement of any street tree shall be a violation of this chapter. Any person or persons who accidentally or wilfully damage, disfigure or destroy any street tree shall be charged for all replacement or repair costs in an amount to be determined by the director upon the advice of the tree advisory board. The determination shall take into consideration such factors as age of tree, size, species, monetary value, etc., and shall also include all legal, administrative and other costs incurred by the city as a result of such violation.

2. Unlawful Damage. Unlawful damage includes injuring, defacing, breaking, abusing, killing or destroying by any means any street tree including, but not limited to, the following:

a. Constructing a sidewalk or driveway or otherwise filling up the ground in the vicinity of any street tree so as to shut off air and water from its roots.

b. Piling building materials, equipment, or other substance around any street tree;

c. Pouring or applying any gaseous, liquid or solid deleterious matter or substance on any street tree or on the ground near any street tree;

d. Posting any sign, poster, notice, leaflet, handbill or other printed material or object on, or fastening any guy wire, cable, rope, nails, screws or other device to, any street tree, tree stake or guard;

e. Causing or encouraging any fire or burning near or around any street tree;

f. Using any mechanical weeding device against a street tree;

g. Constructing retaining walls, fences, or other similar improvements which prohibit the planting or maintaining of street trees or otherwise affect their growth;

h. Operating construction equipment in such a manner to cause it to make contact with a street tree;

i. Disrupting the anchorage of, or changing the grade around, any street tree.

E. Nesting Season. No street tree shall be removed, trimmed, pruned or sprayed within the city during the period of March 15th to July 15th of any year, when wild birds are nesting and raising their young, unless:

1. In the opinion of the director, removal of a tree is essential to the protection of human life and/or property; or

2. It can be certified by the director that no wild birds are nesting in the subject tree.

(Ord. 508 § 10, 1994; Ord. 433 § 2 (part), 1988)

A. Duty to Prevent Damage. It shall be the duty of any person owning or operating any utilities within any public street (including but not limited to water, sewer, gas, telephone and cable television services) to maintain such utilities in a manner to prevent damage to street trees.

B. Roots. Any person excavating, trenching or otherwise engaged in subsurface works within any public street shall not cut any root exceeding three inches in diameter unless specifically authorized to do so by the director. In addition to the penalties otherwise prescribed by this chapter for violation of the terms thereof, any person who, without authorization, cuts a street tree root in excess of three inches in diameter shall be liable for the cost of removal and replacement of said tree or the costs of remedial pruning should such be necessary in the sole and exclusive determination of the director.

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

D. Prevention of Utilities Not Intended. This section shall not prevent any person, firm or public utility from installing and maintaining any overhead wires or underground pipes or conduits lawfully on, over or under public streets, subject to other provisions of this code as may apply. The director, when maintenance or removal of street trees, shall consider the effect upon existing overhead wires or underground pipes or conduits in order to avoid any unnecessary disturbance to or relocation of such facilities, in accordance with the street tree management plan.

(Ord. 433 § 2 (part), 1988)

A. Property Owners Responsible. With the exception of pruning and trimming, property owners are responsible for the proper maintenance of parkways abutting their property. Such maintenance shall include irrigation, keeping the parkways free from weeds or other obstructions inimical to public safety and/or contrary to the street tree management plan, and otherwise maintaining such areas in a neat, clean, orderly manner. The placing of tarpaper, plastic or other material over the ground, or the use of materials or chemicals intended to permanently sterilize the soil in these areas, is prohibited.

B. Duty to Trim Trees. Notwithstanding other provisions of this chapter, it is made the duty of every person owning or occupying any land or lots of land within the city to keep all private trees which extend over any public street trimmed up to a height of not less than fourteen feet, except that a height of not less than eight feet shall be permitted over a sidewalk area, and also to keep the parkway free of debris.

C. Director May Remove Limbs. The director may remove overhead limbs from any tree or shrub, regardless of its location, if in his opinion such removals are necessary in the interest of public safety and the limb constitutes a nuisance.

D. Request that Maintenance Work be Privately Undertaken. Upon approval by the director, any person requesting such street tree service as trimming, pruning, root pruning or spraying, but desiring to have it undertaken sooner than the city is able to schedule work, may obtain a permit to undertake it privately or by agreement with a qualified, licensed contract or proficient in arboriculture if, in the determination of the director:

1. There is sufficient assurance that such work will be properly undertaken and, except in cases of removal, will not irrevocably damage the street tree.

2. There is sufficient assurance public safety will not be impaired. To this end the director may require a public liability and property damage insurance policy, permit and processing fee.

(Ord. 508 § 11, 1994; Ord. 433 § 2 (part), 1988)

A. Director Shall Supervise. The director shall supervise all work done under a permit issued in accordance with the provisions of this chapter.

B. Permit Revocation. Any work undertaken by the permittee or his agent may be stopped immediately and the permittee's permit may be revoked by presentation of a written order of revocation by the director when, in his opinion, the program of work or conditions outlined in the permit are not being complied with.

C. One Permit. If a person obtains a building permit or other permit from the city and street work is required or authorized under that permit, the person need not obtain a separate street tree permit. Under the general supervision of the director, the appropriate department shall supervise street work done under a permit issued by that department.

D. Posting and Hearing. The posting and public hearing requirements provided for in this chapter shall apply to all applications for tree removal permits.

E. Bond. If, in the judgment of the director, the nature, extent and /or benefit to the public health and safety of any proposed work is considered significant, as a condition of the issuance of any permit the posting of a bond pursuant to Chapter 2.17 of this code may be required guaranteeing the completion of such work to the satisfaction of the director.

(Ord. 433 § 2 (part), 1988)

A. Permit Required for Planting, Removing, or Performing Certain Maintenance on Any Tree in a Public Street. Whenever a property owner desires to plant, prune, trim, root prune, remove or do anything else to any tree planted in a parkway or public area, an application shall be filed with the director for a permit to take such actions. If the director finds that such action is to the advantage of a tree, or removal is imperative due to safety considerations, and upon the approval of the tree advisory board, a permit may be issued, but only for such work that will not create, continue or aggravate any hazardous condition or public nuisance, will not prevent or interfere with the growth, location or planting of approved street trees, and is consistent with the street tree management plan.

The director may waive the permit requirement for minor trimming or pruning activities, such as the removal of palm fronds. If a permit is denied, within five days of board action a written denial shall be given the applicant setting forth the reasons therefor and a copy of such denial shall be delivered to the tree advisory board. Such decision shall be made within forty days after the application is filed, and may be appealed to the city council, the decision of which would be final.

B. Costs Borne by Permittee. All costs incurred by a property owner for maintaining or removing a street tree as permitted by the director shall be borne by the permittee. Whenever a tree is removed under permit, the director, upon the advice of the tree advisory board, may require a replacement tree of a designated kind and size to be planted, and all costs related to the replacement tree shall be borne by the permittee. For reasons of expediency in certain circumstances, the director may require an equivalent in-lieu fee for this purpose. Whenever any tree is planted in conflict with the provisions of this chapter, it shall be lawful for the director to remove or cause removal of the same, the cost of which may be charged to the property owner responsible for the planting thereof in accordance with Section 12.28.120F.

C. Criteria. The determination for city tree removal permits shall be based on the criteria outlined in Section 12.28.210 of this chapter.

(Ord. 433 § 2 (part), 1988)

Any person doing business as a public utility subject to the jurisdiction of the public utilities commission of the state and any constituted public agency authorized to provide and providing utility service, shall be given a permit by the director, valid for one year from the date of issuance, permitting such person to trim, prune, brace or perform other acts, except removal, with respect to trees growing on parkways or on public areas of the city as may be necessary to comply with the safety regulations of said commission and as may be necessary to maintain the safe operation of its business. Before any tree is removed, under the above provisions, a permit must be obtained from the city in accordance with, and subject to, the street tree management plan.

(Ord. 433 § 2 (part), 1988)

A. Criteria for Removal. Subject to the provisions of this chapter, the director shall be responsible for inspection, maintenance, removal and replacement of street trees, and may cause street trees to be removed by the city if they are deemed by the director to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements or other street trees. Acceptable reasons for any removal of a tree shall include a tree that is:

1. Dead;

2. Dying, decayed or hazardous, or so weakened by age, disease, storm, fire, excavation, removal of adjacent trees or any injury so as to cause imminent danger to persons or property;

3. Diseased beyond reclamation, or the condition of which is a source of present danger to healthy trees in the immediate vicinity, providing that a certificate attesting to such fact has been filed with the city clerk by a state-licensed pest control advisor, or state-licensed contractor with a proficiency in arboriculture, authorized to do business within the city;

4. Obstructing curb, gutter or sidewalk repair, or in the way of a new curb, gutter or sidewalk for which an exception to standard design is determined by the director to be inconsistent with established policies and standards for street tree planting and maintenance;

5. In dangerous proximity to existing structures, or interfering with existing utilities;

6. Constituting a hazard to property or persons using the adjoining streets;

7. Because of its root system, causing excessive damage to curbs, gutters, sidewalks or driveways;

8. Obstructing proposed improvements so as to restrict economic enjoyment of the adjacent property, including the construction or safe use of a driveway or parking space for which a permit has been issued, unless such tree has been designated as an historic or specimen tree;

9. Crowded by other trees, and good horticultural practices dictate removal of some of them;

10. Otherwise healthy, but the removal of which is considered desirable because it is a proven nuisance species and/or in order to achieve a properly staged tree replacement schedule which enables several generations of trees to exist simultaneously.

B. Removal of Street Trees.

1. Except in instances of immediate public danger, removal of street trees in public rights-of-way and easements will take place in the fall of each year.

2. Whenever any street tree is determined by the director to require removal, legal public notice shall be published in the newspaper thirty days prior to the posting of the tree. It shall thereafter be posted with a conspicuous notice indicating the intent to remove the tree and providing ten additional days within which written protests may be filed with the city clerk. A public hearing shall be held thereafter before the tree advisory board, which shall make a decision on the tree's removal. The board's decision may be appealed to the city council, the decision of which would be final.

3. Written requests from adjacent property owners for removal of street trees may be submitted throughout the year, but trees so requested for removal will all be legally noticed and posted as provided by this section at approximately the same time in accordance with the regular annual removal schedule. The director shall evaluate each requested removal and recommend to the tree advisory board removal or whatever other remedial action such as pruning, root pruning, concrete or asphalt repairs should be considered. It shall be determined whether or not such tree is required to be retained in order to preserve the intent and purpose of the street tree management plan, and take into consideration its condition, age, desirability of species (whether or not a conforming tree), location, and the extent of any inconvenience or hardship which the retention of the tree would cause the property owner. If the tree poses no threat to public safety, public or private property (including aboveground or underground utilities) or if removal is not required to allow the construction of public or private improvements, or if the potential or continued damage to curbs, gutters, sidewalks or driveways may be mitigated by pruning, root pruning, irrigation, feeding or other maintenance procedures, the city shall not remove nor permit removal of the tree. Following the noticing and posting period, a public hearing shall be held before the tree advisory board, which shall make a decision on the tree's removal. Its decision may be appealed to the city council, the decision of which shall be final.

4. In the event that the recommended removal of a nonconforming street tree is protested by the adjacent property owner, but the director has determined that preservation of the tree no longer justifies continued public expense for repair of the damage it is causing, the city may enter into an agreement transferring the responsibility for future repairs and maintenance and the costs thereof to the adjacent property owner. In the event of the failure by the adjacent property owner to carry out any of his obligations under such an agreement, it shall become void and cause for removal by the city of the nonconforming tree.

5. a.

Considerations. The following considerations shall be taken into account in acting upon a tree removal request made pursuant to this chapter.

i. Whether such tree is designated as an historic, specimen or otherwise protected tree;

ii. The size of the building site in relation to the size of the proposed or existing improvements;

iii. The number and size of other trees which would remain upon the building site after the requested removal;

iv. The number and location of adjacent trees on city property and the possibility of maintaining desirable tree density in the area through additional planting on city property;

v. Any beneficial effects upon adjacent trees to be expected from the proposed removal;

vi. Whether the tree sought to be removed was planted by or with the permission of the applicant at the time such tree was planted.

b. Findings. As a prerequisite to granting a tree removal request, the board may impose conditions and shall make one or more of the following findings:

i. That the principles of good urban forest management will best be served by the proposed removal;

ii. That a reasonable and practical development of the property on which the tree is located requires removal of the tree or trees the removal of which is sought;

iii. That the character of the immediate neighborhood with respect to forestation will not be materially affected by the proposed removal;

iv. That topography of the building site renders removal desirable;

v. That regard for the safety of persons or property dictates the removal.

C. Removal of Private Trees or Other Plants.

1. The director may inspect any tree, or other plant on private property in the city to determine whether the same or any portion thereof is in such a condition as to constitute a public nuisance and, in addition, for the purpose of abating or correcting any condition or thing declared to be a public nuisance under this chapter. The director shall have the authority to require property owners to remove or prune any private tree or other plant if it is determined by the director to be seriously interfering with the growth and health of any street tree.

2. The following are declared public nuisances:

a. Any private tree or other plant or part thereof growing on private property but overhanging the street or interfering with the use of any street which, in the opinion of the director, endangers the life, health, safety or property of the public, or which unduly interferes with or in any way endangers the usefulness of a public utility;

b. The continued existence of any private tree or other plant that is dead, diseased or infested or infected with insects, any other disease organisms or growths which constitute a threat or may be injurious to trees or other plants in the surrounding area;

c. Any private tree or other plant which interferes with required minimum sight visibility between a public street and its intersection with another public street as provided for in the street tree management plan;

d. Any branches or foliage of private trees which interfere with visibility on, free use of, or access to, any portion of any street improved for vehicular and pedestrian travel, or which interfere with the visibility of any traffic-control device or sign;

e. Any private tree or plant which interferes with, impairs or destroys any street improvement, sidewalk, curb, gutter, sewer, street trees or other public improvements;

f. Vines or climbing plants growing on private property which encroach on or over any street tree or any public hydrant, pole or electrolier;

g. Hedges or dense thorny shrubs and plants growing on private property which encroach onto any public street or public area or part thereof.

(Ord. 508 §§ 15, 16, 1994; Ord. 433 § 2 (part), 1988)

Except in the case of an historic, specimen or otherwise protected tree, failure of the tree advisory board to act upon an application within ninety days after it is filed shall be deemed approval thereof. Unless an appeal is filed by the applicant with the city clerk within ten days of the mailing of notice of board action, its action shall be final. An appeal of the action of the board shall be in writing and clearly state the reasons for which a hearing before the city council is requested. The city council may continue the hearing but shall vote within forty-five days of the filing of the appeal or the removal shall be deemed approved. The city council may impose conditions and shall, as a prerequisite to approval, make one or more of the findings set forth in Section 12.28.210C3d. In the absence of a majority vote for approval of a tree removal, the application is denied.

(Ord. 433 § 2 (part), 1988)

When trees are removed, all stumps, including underground portions to a depth specified by the director in accordance with the street tree management plan, shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

(Ord. 433 § 2 (part), 1988)

Any person, firm or corporation engaged in the business of removing city trees shall carry public liability and property damage insurance in an amount to be determined by the city council and policies or certificates thereof shall be filed with the city clerk. Where deemed advisable, the director may require the posting of a performance bond pursuant to Chapter 2.17 of this code to guarantee the completion of any job in accordance with adopted city standards, rules and regulations. Pursuant to state law, all tree contracting services must provide evidence of a state con-tractor's license (either C-27 or C-61 subsection D-49).

(Ord. 508 § 17, 1994; Ord. 433 § 2 (part), 1988)