Chino Hills Municipal Code Ch. 12.26 City-Owned Trees

The purpose of this chapter is to preserve and protect all varieties of trees planted by the City or caused to be planted by the City on publicly-owned property or right-of-way easements. Such trees are natural aesthetic resources which help define the character of the City. The City has spent considerable resources acquiring and maintaining public trees and it is of paramount importance that these assets be protected.

(Ord. No. 249, § 1, 12-13-2011)

Definitions as used in this chapter have the following meetings:

"Defensible space" means the area within the perimeter of a parcel, generally one hundred (100) feet from a structure, where basic wildfire protection practices are implemented, providing the key point of defense from an approaching wildfire or escaping structure fire.

"Director" means the Public Works Director or his/her designee.

"Dripline" is the outer limit of the tree's canopy extended down to ground level.

"Ladder fuels" means lower parts of a tree that can carry a fire vertically between or within a fuel type.

"Maintain" or "maintenance" means and includes root pruning, trimming, spraying, watering, fertilizing, mulching, treating for disease or injury, or any other similar act, which promotes growth, health, beauty and life of a street or publicly owned tree. This definition also includes the periodic elimination of ladder fuels.

"Parkway" means that area from the back of the curb to the edge of the right-of-way, or if no curb exists, that area from the edge of the pavement to the edge of the right-of-way.

"Person" means any individual, firm, association, organization, partnership, business, trust company, corporation or other entity.

"Property owner" or "owner" means any person holding title to real property abutting upon a right-of-way, or any agent thereof, as well as any person who has the legal right to occupy the property to the exclusion of others. For the purposes of this chapter, prime responsibility for compliance shall rest upon whichever of such persons is the occupant or user of the property and the ultimate responsibility shall rest upon the property owner.

"Public property" shall mean any real property owned by, leased to, or under the control of the City of Chino Hills or any other public entity.

"Remove" includes any act which will cause a protected tree to die, or to be in jeopardy as determined by a certified arborist.

"Right-of-way" shall mean the entirety of that area dedicated for public street and highway purposes.

"Sidewalk" for the purposes of this chapter shall mean any improved or unimproved pedestrian walkway within a right-of-way adjacent to a street.

"Street tree," or "public tree," or "City tree" means any tree which is located within any public park, City easement, or on any other City-owned property or right-of-way.

(Ord. No. 249, § 1, 12-13-2011)

No person shall remove or replace any City tree from, in, or upon, any public street or right-of-way, without having first obtained a permit as required by this chapter. This includes the planting of a new tree. Notwithstanding any other provision of this Code, any actions taken pursuant to a permit issued pursuant to this chapter shall be deemed not to be in violation of this Code.

A property owner who requests removal of a City tree and whose request is approved by the Director shall pay to the City the actual costs of the City tree removal and replacement/mitigation. Before a City 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 to be the estimated cost to remove, replace or mitigate the City tree. Following completion of the tree removal and replacement/mitigation, the Director will refund to the property owner any portion of the deposit which exceeds the actual costs of the City tree removal and replacement. In the event that the actual cost of City tree removal and replacement/mitigation exceeds the amount of the deposit, the property owner shall pay the difference to the City within ninety (90) days of receipt of billing.

(Ord. No. 249, § 1, 12-13-2011)

The following requirements shall apply to the relocation, removal or new planting of City trees within the parkway of a street:

A. The Director, or his/her designee, is authorized and directed to prepare and file in his/her office standards and specifications for the planting, removal and relocation, including maintenance, of City trees within the parkways of public streets.

B. Every person planting or arranging for the planting of City trees shall obtain a permit required by this chapter from the Director, or his/her designee and perform the work in accordance with established City standards and specifications.

C. Every person removing or arranging for the removal, including relocation, of a City tree(s) shall obtain a permit required by this chapter from the Director and perform the work in accordance with City specifications and standards, including mitigation.

(Ord. No. 249, § 1, 12-13-2011)

Fees for permits required by this chapter shall be determined by resolution of the City Council.

(Ord. No. 249, § 1, 12-13-2011)

Any person doing business as a public utility, subject to the jurisdiction of the Public Utilities Commission of the State, and any duly constituted public agency, authorized to provide and providing utilities service, may be issued a permit. Such permit will authorize such person to trim, brace, remove or perform other such acts with respect to street trees or trees which grow on private property and encroach upon rights-of-way or public places as may be necessary to comply with the safety regulations of the Commission.

(Ord. No. 249, § 1, 12-13-2011)

Before a permit may be issued under the provisions of this chapter to any person engaged in the business of removing trees in the City, the permit applicant shall file a certificate showing adequate public liability and property damage insurance; the amount shall be fixed by the Director before the permit is issued. Such policies or certificates shall be filed with the City Clerk showing the City as an additional insured.

(Ord. No. 249, § 1, 12-13-2011)

Nothing in this chapter shall be deemed to impose any liability upon the City, its officers, or employees. No duty of care or maintenance is imposed upon the City, its officers or employees with reference to private property and park way easements. No private property owner or other person in possession of private property is relieved from the duties to keep City trees in a safe condition on their property. This chapter does not relieve the owner or possessor of private property from the duty to keep City trees, subject to this chapter, in such a condition as to prevent the City tree from constituting a hazard or dangerous condition to persons or property.

(Ord. No. 249, § 1, 12-13-2011)

An agent of the City may inspect any tree adjacent to or overhanging any public street in the City to determine whether the same, or any portion thereof, is in such condition as to constitute a hazard or impediment to the safety of anyone traveling on such public street. Any tree or part thereof growing upon private property but overhanging or interfering with use of any right-of-way that endangers the life, health, safety or property of the public shall be declared a public nuisance. This includes trees that are not in compliance with state and local fire codes dealing with defensible space and ladder fuels hazards. Such a public nuisance can be abated through any legal remedy including through any of the procedures provided for in Chapter 8.12 of this Code.

(Ord. No. 249, § 1, 12-13-2011)

No unauthorized person shall injure, deface or destroy any City tree by any means, including but not limited to, the following:

1. Constructing a sidewalk, or other non-porous material, that shuts off light, air or water to the roots of the City tree within the dripline.

2. Piling building material, equipment or other substance around any City tree so as to cause injury;

3. Pouring any deleterious matter on or around any City tree or on the ground, or on any lawn in such a manner as to damage the tree;

4. By cutting, breaking, defacing or damaging a City tree in any manner whatsoever.

5. Attaching any sign, poster, or other object to a City tree.

(Ord. No. 249, § 1, 12-13-2011)

Any person who violates any provisions of this chapter is guilty of a misdemeanor violation of the Municipal Code. Each tree removed in violation of this chapter shall constitute a separate misdemeanor offense.

(Ord. No. 249, § 1, 12-13-2011)

Any person aggrieved by the action of the Director, acting under this chapter, may appeal, by written application to the Director if such appeal is filed with the Public Works Director within fifteen (15) days of the Director's decision. If the appeal application is denied by the Director, the applicant may appeal the decision to the City Manager or his designee whose decision shall be final. This appeal must be filed with the City Manager's office within fifteen (15) days of the Director's decision. Notwithstanding the Chapter 1.20 of this Code, the City Manager's decision shall be final and shall not be subject to appeal to the City Council.

(Ord. No. 249, § 1, 12-13-2011)

Notwithstanding the requirements of this chapter, in the case of an emergency caused by a City tree being in a hazardous or dangerous condition posing an immediate threat to person or property, the Director, his or her designee, or any member of the Police Department or Fire Department (as that term is defined in Title 8 of this Code) may authorize removal of a City tree.

(Ord. No. 249, § 1, 12-13-2011)