Chino Municipal Code Ch. 12.16 Street Trees

A. For the purpose of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

1. "Maintain or maintenance" means the entire care of trees, as well as the preparation of ground, fertilizing, mulching, spraying, trimming, pruning, topping and root control, but not watering unless specifically so stated.

2. "Mixed pattern" means all proper spaces filled with trees of approved varieties.

3. "Plan" means the Master Street Tree Plan of Chino.

4. "Planting," when used in a comprehensive sense, includes planting and replacement.

5. "Planting strip" means that area capable of being planted between curb or place where curb should be and the property line and such places as traffic divider strips or islands.

6. "Uniform pattern" means all proper spaces filled with trees of the same approved varieties.

B. Those definitions as defined in section 12.20.010 are made a part of this section and chapter.

(Prior code § 24-7.)

The service department shall formulate approved specifications for trees as to size, tree supports, planting methods and tree maintenance. Such specification shall be kept on file in the office of the city engineer and service department.

(Prior code § 24-20.)

A. For the purpose of coordinating and facilitating the carrying out of all street improvements with the proper provision for multiple uses, all plans and specifications for street planting shall be submitted to the director of public works for his approval.

B. Due regard and provision shall be made in any plan for the keeping of existing trees in a healthy condition. The foregoing approval shall be made within thirty days after receipt of plans and specifications.

(Prior code § 24-17.)

This chapter is intended to and does give full advisory authority to the service department over any and all trees, plants and shrubs now planted and growing or hereafter to be planted and grown upon any and all of the public streets and planting strips in the city subject to final approval of the director of public works and the city council.

(Prior code § 24-18.)

A proceeding under the Tree Planting Act of 1931 of the state for the planting, maintenance and removal of trees may be instituted by a petition to the city council by property owners whose property shall be assessed to pay for the cost for the proposed improvement.

(Prior code § 24-9.)

The service department shall develop and recommend to the council a comprehensive plan for the planting and maintaining of trees in the streets within the city. This plan shall be referred to as the street tree plan and shall be officially certified as the master street tree plan upon its adoption by resolution by the city council.

(Prior code § 24-8(a).)

When the plan in its original or modified form is adopted by resolution of the city council, it shall become the official master street tree plan for the streets of the city and shall be strictly adhered to in all future street planting projects.

(Prior code § 24-8(c).)

The director of public works is charged with the duty of advising the council concerning the types and varieties of trees for planting along the streets. Recommendations as to a uniform method of street tree planting, the zoning of certain streets for certain specimens of trees, selecting suitable types for residential areas and special types of trees for commercial areas, intervals between such trees and the place where each tree is to be planted shall be determined by the service department. When such determination has been made, the service department shall report the determination in a report to be designated city master street tree plan. Such report shall be forwarded to the city council for adoption by resolution and placed on file in the office of the city clerk. After the acceptance of the master street tree plan, subsequent reports covering the same subject for new areas each of which shall be complete in itself, shall be prepared by the service department and shall be filed in the office of the city engineer and approved by minute action by the city council.

(Prior code § 24-8(b).)

The service department shall maintain a current list of approved ground covers and plants for planting in public rights-of-way. Use of plant materials other than those listed shall be only by prior approval of the service department. No plantings, construction, or excavation which endangers pedestrian or vehicular traffic shall be permitted in the public rights-of-way planting strips. No surfacing materials, such as asphalt, gravel, etc., may be used. No vines or other plant materials shall be allowed to grow on any street tree. The placing of temporary protection for new lawns or trees or the provision of watering basins shall not be considered a violation of this section.

(Prior code § 24-8(d).)

Any changes in the streets in residential zones, including alterations in street widths or rezoning of areas, shall consider allowances for planting areas, and specifications for planting and landscaping of such areas. The planting and landscaping of such areas shall be integrated into such changes and alterations before such alterations and changes are approved.

(Prior code § 24-8(f).)

If there is a sidewalk on the property proposed for development, a six-foot easement behind the sidewalk or four foot by four foot tree wells in the sidewalk shall be required for planting street trees unless otherwise determined by the director of public works.

(Prior code § 24-8(g).)

A petition addressed to the service department bearing the signatures of not less than fifty-on percent of the property owners of any one block may be filed requesting a change in the approved variety of trees in the planting strip adjacent to their property. Such a petition shall be studied and evaluated by the service department. If the petition is not in conflict with the intent of this chapter, such request shall be granted, and shall apply only to such petitioners and all expense of such change shall be borne by all the petitioning property owners requesting such change. All such work shall be done under the supervision of the service department.

(Prior code § 24-8(h).)

The service department may recommend the removal and replacement of trees which do not conform with the approved pattern. Trees shall be planted at proper intervals and the service department shall require the planting of trees in all vacant spaces, and a replacement of approved variety shall be planted for each tree and shrub which is removed, to conform with the approved pattern.

(Prior code § 24-8(e).)

The city shall replace all street trees that are found to be dead or diseased, or creating a hazard on public property. Trees shall be removed by the service department at city expense and in accordance with the provisions of this chapter. The number of trees to be planted or replaced shall be determined by the service department.

(Prior code § 24-8(i).)

A. No person owning or occupying property abutting upon any public street, parkway, or public place in the city, upon which property are located any hedges, trees, shrubs or plants, shall permit said plantings to encroach upon or to overhang the sidewalk, parkway, curb or street in such a manner as to impede or interfere with vehicular or pedestrian traffic, drainage flow, or maintenance thereof or to create a hazardous condition.

B. No person shall construct, establish, maintain, use or place a portable basketball unit upon any public ground, commercial area, street, highway, lane, alley or sidewalk within the city.

C. If any person violates or fails to comply with the requirements or provisions of this section, he/she shall be guilty of a misdemeanor and punished accordingly; and in addition, if any such tree, hedge, shrub or plant is not maintained and trimmed as required by this section within ten calendar days after notice in writing thereof is given to such person by the city, the same shall be deemed a public nuisance and may be abated by the city as such and the cost of such abatement shall be imposed upon and collected from such person.

D. If the owner or occupant or agent of the owner or occupant of such property shall, within ten calendar days after receipt of such notice, file with the city clerk his/her objections in writing to such removal, such trees or shrubs shall not be cut down or removed until such time as the appeal has been heard as provided in section 12.16.290.

(Ord. 2004-05 § 25, 2004.)

Nothing in section 12.16.150 shall be deemed to impose any liability upon the city, or upon any of its officers or employees, nor to relieve the owner and/or occupant of any private property from the duty to keep trees and shrubs upon private property or under his control, in a safe condition.

(Prior code § 24-11(b).)

The cost of such removal shall be levied against the property as a tax lien or directly billed to the property owner. When such removal has been completed, the director of public works or his authorized representative shall render to the city clerk, for the attention of the city council, an itemized statement covering the necessary work.

(Prior code § 24-11(c).)

At the time fixed for the hearing of the statement of expense, the city council shall consider the statement together with any objections or protests which may be raised by any of the property owners liable to be assessed for the doing of the work and by any other interested persons and, therefor, by resolution the statement as submitted or as ordered revised, corrected, or modified by the city council shall be confirmed and adopted, and if such statement is not paid within five days after the passage of the resolution, it shall constitute a lien on the real property upon which the tree exists which may endanger or injure neighboring property or the health or welfare of the residents in the vicinity where removed and shall be collected as special assessment against the real property. The resolution shall further direct that the city clerk shall file with the auditor of the county, and the county assessor and tax collector, certified copies of the resolution and the statement adopted therein. The clerk shall direct the auditor to enter the amounts of the charges against the real property described in the statement and resolution as it appears on the current assessment roll. The amount of the charge shall constitute a lien against the real property against which the charges have been imposed. The tax collector shall include the amount of the charges or bills with taxes levied against the real property. Thereafter, the amount of the charge shall be collected at the time and in the same manner and by the same persons as, and together and not separately from, the general taxes for the city and shall be subject to the same penalties and interest upon delinquent payment.

(Prior code § 24-11(d).)

All plants shall be healthy, have a normal configuration and be well-rooted. The roots shall show no evidence of having been restricted, deformed, or rootbound at any time. All plants shall be well grown, free from insect pests, and grown in nurseries which have been inspected by the state department of agriculture. All plants shall have normal well-developed branch systems and vigorous root systems. Plants not conforming to the requirements in this section shall be considered as defective, and such plants, whether in place or not, will be rejected and shall be removed immediately from the worksite at the nursery's or contractor's expense, and replaced with suitable plants.

(Prior code § 24-19.)

Planting of street trees shall be done by the service department at the request of the owner. However, initial street trees in new residential tracts or commercial or industrial developments shall be planted by the developer under the guidance of the service department and shall be planted per service department specifications.

(Prior code § 24-16.)

All trees in planting strips in the city shall be watered as necessary by the owners of abutting property so that they do not become a hazard to public health, welfare and safety and dangerous to human life as a result of withering and dying and falling due to lack of proper and regular watering.

(Prior code § 24-15.)

A. It shall be the responsibility of the owner of abutting property to water street trees adequately.

B. The abutting property owner shall bear the expense of replacement of street trees where death is a result of insufficient water or purposeful destruction by the abutting property owner.

C. Subdividers and their successors in interest shall be responsible for street tree watering and for replacement of trees where death is a result of insufficient watering prior to the time subsequent owners take possession of the property.

D. The wording of this section shall not be construed to exclude any commercial enterprise.

(Prior code § 24-10(d).)

Tree stakes or guards may be placed around trees by property owners, provided, that the same are placed near a tree for the purpose of protection or training such trees.

(Prior code § 24-10(e).)

No person shall without written permission from the service department remove, trim, prune, or cut any tree upon the streets or planting strips. Upon such permission being granted to any person for the purpose of trimming, pruning, cutting, or removing any trees, such trimming, pruning, cutting, or removal shall be done under the general supervision of the service department. All stumps, including underground portions, shall be removed to a depth specified by the service department.

(Prior code § 24-10(a).)

No unauthorized person shall wilfully injure or destroy any tree or plant material in the public rights-of-way planting strip areas by any means, including but not limited to the following:

A. Constructing a portland cement, brick, or other type sidewalk or otherwise filling up the ground area around any tree so as to shut off light, air, or water from the roots;

B. Piling building material, equipment, or other substance around any tree so as to cause injury:

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

D. Injuring any tree, tree stake or guard with any vehicle, animal, or in any other manner causing injury to any tree or lawn. The cost of repair shall be borne by the responsible party.

(Prior code § 24-10(c).)

Where injury has been done to trees, shrubs, plant material or other property, the city shall bill and collect from the offending party all damages sustained by the city which shall include the cost of repair or replacement of trees and shrubs and other incidental expenses necessary to rectify the damage.

(Prior code § 24-14.)

No person shall interfere or cause or permit any person to interfere with employees of the city who are engaged in the planting or maintaining, treating, or removing of any tree in the public right-of-way planting strip or in the removing of any stone, cement or any substance in any suchstreet, sidewalk, public rights-of-way planting strip, alley, or other public place in conjunction with tree planting or removal.

(Prior code § 24-10(b).)

Any person or agency having a right to maintain poles and wires in streets, alleys, planting strips and other public places shall keep such poles and wires free and as far as possible away from any trees or shrubs, and shall under the direction and supervision of the service department properly trim such trees or shrubs so that no damage is done, either to poles, wires, trees or shrubs, by contact therewith.

(Prior code § 24-13.)

A person who is affected may appeal to the city council from these requests. Such appeal shall be in writing and shall be filed with the city manager within ten days after requests are received. When such written notice of appeal is received, the city clerk shall thereupon forward the appeal to the city council at its next regular meeting, at which time the applicant and the director of public works and/or director of community development may present evidence. City council action after such hearing shall be conclusive and final.

(Ord. 2004-05 § 26, 2004: prior code § 24-12.)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

(Prior code § 24-21.)