Chowchilla Municipal Code Ch. 12.16 Trees and Shrubs

All trees and shrubs planted in any public parking strip or other public place in the city shall conform as to species and location with the recommendation of the Saratoga Horticultural Foundation or to the street tree plan of the city, both of which are hereby made a part of this chapter.

(Prior code § 21-2)

A. It is unlawful to plant in any public parking strip the following trees: Acacia, black walnut, eucalyptus, elm, palm, poplar, tree of heaven, conifers, sycamore.

B. It is unlawful to plant willow, cottonwood or poplar trees anywhere in the city unless the superintendent of streets approves the site as one where the roots will not interfere with a public sewer.

(Prior code § 21-3)

No person shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city without prior permission and approval therefor from the superintendent of streets. The superintendent of streets may grant such permission, in his discretion and where necessary, subject to the condition that the removed tree be replaced by a tree which conforms with the street tree plan of the city. No such permission shall be valid longer than thirty days after its issuance.

(Prior code § 21-1)

The superintendent of streets or his duly authorized representative may cause to be trimmed, pruned or removed any trees, shrubs, plants or vegetation in any parking strip or other public place or may require any property owner to trim, prune or remove any trees, shrubs, plants or vegetation in any parking strip abutting upon such owner's property. Failure to comply therewith after fifteen days' notice by the superintendent of streets shall be deemed a violation of this chapter.

(Prior code § 21-4)

Any tree or shrub growing in a parking strip or public place or in private property which is endangering or which in any way may endanger the security or usefulness of any public street, sewer, sidewalk or the full and safe operation of public utility wires, is hereby declared to be a public nuisance. The city may remove or trim such trees or may require the property owner to remove or trim any such tree on private property or on a parking strip abutting upon such owner's property. Failure of the property owner or his duly authorized agent to remove or trim such tree after fifteen days' notice by the superintendent of streets shall be deemed a violation of this chapter, and the superintendent of streets may then remove or trim such tree. Nothing contained in this chapter shall be construed as limiting the right of any public utility to remove or trim trees which, in its opinion, endanger the safe operation of its wires, poles and appurtenances.

(Prior code § 21-5)

No person shall abuse, destroy or mutilate any tree, plant or shrub in a public parking strip or any other public place, attach any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill or other things to any tree growing in a public place, cause or permit any wire charged with electricity to be attached to any such tree, or allow any gaseous, liquid or solid substances which are harmful to such trees to come in contact with their roots or leaves.

(Prior code § 21-6)

Appeals from directions and orders made pursuant to this chapter may be made by filing written notice with the city clerk within ten days after such direction and order is received, stating in substance that appeal to the city council is being made from such direction and order. The city clerk shall thereupon call such appeal to the attention of the city council at their next regular succeeding meeting, at which meeting the appellant and the superintendent of streets may present evidence. Action by the city council after such hearing shall be conclusive, and in the event the city council shall uphold the decision of the superintendent of streets, the property owner or his duly authorized agent shall have ten days thereafter to comply with such notice.

(Prior code § 21-7)

Nothing contained in this chapter shall be deemed to impose any liability upon the city or its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the city.

(Prior code § 21-8)

The superintendent of streets or his duly authorized representative shall be charged with the enforcement of this chapter.

(Prior code § 21-9)