Chico Municipal Code Art. III Planting or Removing

No trees or shrubs shall be planted in or removed from any planting area in the city unless:

A. A written permit therefor is authorized by the commission or the city council and is issued by the director; or

B. Such planting or removal is required by order of the commission or the city council.

The director shall bring all applications for permits to the attention of the commission and shall issue such written permit when and as directed by the commission or the city council.

The planting of a tree or shrub in conformity to the street tree plan as adopted and amended by the commission shall be deemed to be authorized by the commission and no further authorization for the granting of a permit shall be necessary.

(Prior code § 23.52 (Ord. 852 §13, Ord. 2364 §163))

Every person required to have a permit pursuant to Section 14.40.120, shall apply to the director, using the appropriate forms as prescribed by the city manager. As relates to such tree or shrub, only those defined as a property owner, a public utility, or a person acting in a governmental capacity shall apply.

(Prior code § 23.53 (Ord. 852 §14, Ord. 2268, Ord. 2364 §164))

At the time of making such application the applicant shall pay to the city such fees, if any, as may be determined by the commission and adopted by resolution thereof.

(Prior code § 23.53-l (Ord. 852 §15))

All regulations adopted by the commission pursuant to this chapter are conditions upon the issuance of any permit, unless specifically waived by the commission, or the council. The director may impose upon the granting of such permit such additional conditions as the director deems reasonable. Among others, the director may require, as such a condition upon the granting of a removal permit, the replanting of a tree or shrub in place of that removed. The director shall, when removal is being permitted for convenience of owner to make way for construction, require, as a condition, that the removal shall not take place until the work of construction is commenced, unless otherwise authorized by the commission or the council.

(Prior code § 23.53-2 (Ord. 852 §16, Ord. 2268, Ord. 2364 §165))

The imposition, by the director, of conditions upon the granting of a permit, shall be deemed to be an order of the commission for the purposes of Section 14.40.330.

(Prior code § 23.53-3 (Ord. 852 §17, Ord. 2364 §166))

Whenever, pursuant to a permit granted or commission order, a tree or shrub is to be removed, such removal shall be by the city and at city expense, unless the commission shall find that such tree or shrub is not dead or dying and its continued existence does not create a dangerous or defective condition upon public property, in which case its removal shall be deemed to be for the convenience of the property owner.

(Prior code § 23.54 (Ord. 852 §18))

Whenever removal is for the convenience of the property owner, the work of removal shall be done by the property owner at such property owner’s expense. However, the city may perform such work at the request of property owner and charge the cost thereof to the property owner.

(Prior code § 23.54-l (Ord. 852 §19, Ord. 2268))

All planting or replanting, pursuant to this chapter, shall be done by the city or at city expense, except when replanting has been a condition of the granting of a permit. In the latter case, the city shall perform such work either at the request of the property owner or after such property owner’s neglect to perform, the cost of such work to be charged to the property owner as herein provided. The terms “work” and “cost of such work” as used herein include not only labor but the supplying of the tree or shrub to be planted. This section shall not apply to planting required pursuant to the subdivision law of the city.

(Prior code § 23.54-2 (Ord. 852 §20, Ord. 2268))

Should the property owner be required, as a result of any conditions imposed pursuant to this chapter, to perform work as defined in Section 14.40.190, and neglect to perform such work for a period of sixty days after the removal for which this planting is a condition, then the director, shall, upon order of the commission, cause such work to be performed by the city and charge the property owner the cost thereof.

(Prior code § 23.54-3 (Ord. 852 §21, Ord. 2364 §167))

In all cases wherein the work of removal, planting, or replanting is performed by the city and at the expense of the property owner, upon completion of such work, the finance director shall cause a notice of the cost of such work, which shall include the cost of any tree or shrub or other materials used, to be given by mailing a postcard to the property owner at such property owner’s last known address, as the same appears on the last equalized assessment roll pursuant to which city taxes were last assessed, or the name and address of the person owning such property as is shown on the records in the office of the city clerk. The notice shall specify the following:

A. An itemized statement of the costs being so charged to the property owner; and

B. The day, hour and place when the commission will hear and pass upon the report of the director of the cost of such work, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed for the cost of such work, and any other interested person.

At such hearing, the commission, after hearing all objections and protests made, shall have the power to finally fix and determine the amount required to be paid by such property owner. The amount so determined to be owed by such property owner, shall be due and payable and shall constitute a lien against such property from and after 10 days after the conclusion of such hearing and the making of such determinations. However, if this hearing shall be deemed to be a hearing pursuant to Section 14.40.330 and the property owner shall have a right to appeal to the council pursuant to Section 14.40.340. If such appeal shall be brought pursuant to Section 14.40.340, then such amount as determined by the commission shall not become due nor shall a lien be imposed as hereinabove set out. Upon such council's determination of the matter as provided in Section 14.40.340, the amount so determined by such council to be owed by such property owner shall be thereafter forthwith due and payable and shall constitute a lien against such owner's property abutting the planting area in which such work was done.

(Prior code § 23.54-4 (Ord. 852 §22, Ord. 2113 §1, Ord. 2268, Ord. 2364 §168))

Within ten days after the amount determined to be owed shall have become due and payable and shall have constituted a lien, the director shall cause to be prepared and filed with the city finance director, a notice of the amount determined to be due and owing to the city from the property owner. Such notice shall set forth the name of the owner, the property to be assessed, the amount of the cost of work owed by such owner.

(Prior code § 23.54-5 (Ord. 852 §23, Ord. 2113 §1, Ord. 2364 §169))

If the amount determined to be due and owing shall not have been paid within ten days after its determination by the commission or city council (if appeal was made) then it shall constitute a special assessment against the parcel of property which abuts the planting area in which the work was done.

(Prior code § 23.54-6 (Ord. 852 §24))

The finance director, after receiving the notice provided for in Section 14.40.220 and ascertaining that the same has not been paid within ten days required in Section 14.40.230, shall add the amount of the assessment to the next regular bill for taxes levied against such parcel of land. If city taxes are collected by the county officials, a notice of the lien shall be delivered to the county auditor, or such other county officer performing the duties of a county auditor, pursuant to an agreement between the city and the county.

(Prior code § 23.54-7 (Ord. 852 §25, Ord. 2113 §1))

Thereafter, the amount of the lien shall be collected at the same time in the same manner as ordinary city taxes are collected, and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment taxes.

(Prior code § 23.54-8 (Ord. 852 §26))