Chula Vista Municipal Code Ch. 12.32 Street Plantings

Sections:

***** For statutory provisions authorizing cities to compel owners or controllers of property to remove weeds, etc., see Gov. Code § 39501; for additional provisions, see Health and Saf. Code § 14375, et seq.; for alternative abatement procedure, see Gov. Code § 39560, et seq.; for authority for the City Council to declare what constitutes a nuisance, see Gov. Code § 38771; for provisions regarding abatement of nuisance, see Gov. Code §§ 38773 and 38773.5.

CROSS REFERENCE: Street Plantings, see CVMC Title 18.

It is the purpose and intent of the Council to establish rules and regulations to control and protect planting within the public rights-of-way in the City. Such regulations shall include provisions for the planting of street trees and other landscaping materials, as well as provisions for care, trimming and preservation of all vegetation within the public rights-of-way. (Ord. 1205 § 2, 1969; prior code § 27.801).

For the purpose of this chapter, the words and phrases contained herein shall have the meaning respectively ascribed to them by this section:

• A. “City” means the City of Chula Vista, acting by and through its authorized representatives;

• B. “Hedge” includes any plant material, shrub or plant when planted in a dense, continuous line of area so as to form a thicket or barrier;

C. “Person” as used herein means individuals, firms, associations, and corporations, and agents, employees or representatives thereof;

• D. “Plant” includes all other plant material, nonwoody, annual or perennial in nature, not necessarily hardy;

E. “Shrub” includes any woody perennial plant, normally low, several-stemmed, and adaptable to shaping, trimming and pruning without injury, within the area planted;

F. “Streets” includes all land lying between the boundaries of property abutting on all public streets, boulevards, alleys and walks;

G. “Street tree” includes any woody perennial plant having a single main axis or stem, commonly achieving 10 feet in height and capable of being shaped and pruned to develop a branch-free trunk at least nine feet in height. (Ord. 1205 § 2, 1969; prior code § 27.801).

A. The Director of Public Works shall be responsible for the direction of the street tree-trimming crews and shall carry out a program of maintenance, care and removal of trees in the public rights-of-way.

B. This section shall in no way affect the responsibility of property owners to maintain that area of the public right-of-way immediately adjacent to their property in accordance with CVMC 12.32.190. Street tree planting shall be undertaken in individual lots or in subdivisions by the owners thereof in accordance with rules and regulations and the standards and specifications as recommended by the Director of Public Works and adopted by the City Council. (Ord. 1910 § 2, 1980; Ord. 1205 § 2, 1969; prior code § 27.802).

No tree, palm, shrub or plant shall be planted in any of the streets or other public rights-of-way of the City until the Director of Public Works shall have first approved the kind and variety, designated the location therefor, and granted the permit for planting the same. The person obtaining such permit shall comply with all of the terms and conditions thereof. (Ord. 1205 § 2, 1969; prior code § 27.803).

Any person desiring a permit as required by this chapter shall make application therefor in the office of the Director of Public Works, on forms provided by that office. The application shall be reviewed with all interested City departments regarding such items as effect on utilities, curbs and sidewalks, potential hazard to traffic through impairment of visibility at street intersections, etc., and after such investigation and review, the Director of Public Works may approve, conditionally approve or disapprove the application. (Ord. 1205 § 2, 1969; prior code § 27.804).

Shrubs or plants attaining more than two feet in height may be planted in the public rights-of-way; provided, that:

• A. They are not planted within 30 feet of any intersection; and

• B. They are spaced not closer than 20 feet apart.

Hedges, cacti or dense thorny shrubs are prohibited as planting on any public rights-of-way. (Ord. 1205 § 2, 1969; prior code § 27.807).

It is unlawful to plant or permit to be planted on any public rights-of-way in the City the following named trees or shrubs: Acacia Melanoxylou (Blackwood Acacia); Acacia Longifolla; Ailanthus Glandulosa (Tree Heaven); Eucalyptus Globulus (Blue Gum); Juglans Migra (Black Walnut); Ailanthus Glandulosa (Honey Locust, thorny variety); Liriodendron Maclura Pomifera (Osage Orange); Melia Azedarach (China Berry); Melia Azedarach Umbraculiformis (Texas Umbrella Tree); Morus Alba (Mulberry); Populus (Poplar); Salix (Willow); Apple (except flowering Crab Apple); Apricot; Fig; Peach; Nectarine; Pear; Persimmon; Pomegranate (except varieties of Punica Granatum); Quince (except varieties of Cyclonia Japonica); European Sycamore; Chinese Elm (except where parkways or strips are six feet wide or more). (Ord. 1205 § 2, 1969; prior code § 27.808).

It is unlawful for any person to remove, or in any way injure or deface, the trees, shrubs, plants, tree stakes or tree guards in or upon any public right-of-way within the City without first having obtained a written permit therefor from the Department of Public Works, setting forth the conditions under which the work may be done. Such permit shall specifically describe the work to be done, and shall be void after 30 days from the date of issuance. The cost of removal of any tree, palm, shrub or plant for the benefit and convenience of any property owner shall be paid for by such property owner. (Ord. 1205 § 2, 1969; prior code § 27.809).

No person, firm or corporation shall hitch or fasten any horse or other animal to any tree, palm, shrub or plant now or hereafter growing in any public right-of-way in the City; nor shall any person, firm or corporation cause or permit any horse or other animal to stand or be near enough to any tree, palm, shrub or plant to bite or run against, or in any manner injure or deface, the same; nor shall any person, firm or corporation place a post for hitching of horses or other animals within five feet of any tree, palm, shrub or plant now or hereafter growing in any of the public rights-of-way of the City. (Ord. 1205 § 2, 1969; prior code § 27.810).

No person, firm, or corporation shall attach or place any rope, wire, sign, poster or handbill, or other thing on any tree, palm, shrub or plant now or hereafter growing in any public right-of-way in the City, or on any guard or protection of same, without first having obtained a written permit from the Department of Public Works, which permit shall clearly indicate that no harm is being done to such vegetation by such devices; nor shall any person, firm, or corporation deposit or throw upon any street or public highway, or into any gutter thereof, any brine water, oil, or any substance detrimental to the growth of any tree, palm, shrub or plant, or deposit in such gutter any receptacle containing such substance. (Ord. 1205 § 2, 1969; prior code § 27.811).

No person, firm or corporation shall remove, injure or misuse any guard or device placed to protect any tree, palm, shrub or plant now or hereafter growing in any public right-of-way in the City. (Ord. 1205 § 2, 1969; prior code § 27.812).

No person, firm or corporation shall attach any electric wire insulator, or any other device for holding electric wires, to any tree, palm, plant or shrub now or hereafter growing in any public right-of-way in the City. No person, firm or corporation shall, without written permission from the Director of Public Works, trim, cut or break any part of such tree, palm, shrub or plant in order to make passage for such wires. Every person, firm or corporation having any wire charged with electricity shall securely fasten same so that such wire shall not come in contact with any tree, palm, shrub or plant in any public right-of-way in the City. (Ord. 1205 § 2, 1969; prior code § 27.813).

No person, firm or corporation shall hereafter, without written permit from the Director of Public Works, place or maintain upon the ground in any public right-of-way of the City stone, cement or other material without leaving an open space of ground around the trunk of any tree, in accordance with standard specifications approved by the Director of Public Works; and whenever there is no such open space around any existing trees in any public rightof-way of the City, the Director of Public Works may make such open space or cause the same to be made. (Ord. 1205 § 2, 1969; prior code § 27.814).

In the erection, alteration, moving or repair of any building, structure or other object, the owner thereof, or his agent, shall place, or cause to be placed, such guards around all nearby trees in any public right-of-way of the City as shall effectually prevent injury to them. (Ord. 1205 § 2, 1969; prior code § 27.815).

The owner, or his agent, of every lot or parcel of land in the City of Chula Vista upon which any trees, palms, shrubs or plants are now or may hereafter be standing shall trim, or cause to be trimmed, the branches thereof, so that same shall not obstruct the passage of light from any street light located in any street or other public highway adjacent to the street or sidewalk; and such owner or his agent shall trim all branches of any trees, palms, shrubs or plants which overhang any street, public sidewalk or other public highway, so that there shall be a clear height of eight feet above the surface of the street, public sidewalk or other public highway unobstructed by branches; and such owner or his agent shall remove from such trees, palms, shrubs or plants all dead, decayed or broken limbs or branches that overhang such street, public sidewalk or other public highway; and when any such trees, palms, shrubs or plants are dead, such owner or his agent shall remove the same so that they shall not fall in the street, public sidewalk or other public highway.

The Director of Public Works, or his authorized agent, is empowered to direct the owner, or his authorized agent, of property upon which such tree, palm, shrub or plant exists to trim such plant. If such person does not comply with such direction of the Director of Public Works, or his authorized agent, within 10 days, the Director of Public Works, or his authorized agent, may proceed to cut and trim such plant so projecting or overhanging any street, public sidewalk or other public highway in the City. (Ord. 1768 § 1, 1977; Ord. 1205 § 2, 1969; prior code § 27.816).

A. The duty is imposed upon a property owner to notify the Director of Public Works when any tree, palm, shrub or plant in a public right-of-way adjacent to his property is injuring or damaging any public sidewalk, or other public property, or needs to be removed to protect the health and safety of the public.

B. The Department of Public Works is hereby authorized to have removed, at the expense of the City, any such tree, palm, shrub or plant, or to otherwise remedy the dangerous condition. Determination of the existence of the dangerous condition or need shall be made by the Director of Public Works. Unless such dangerous condition or need exists, the cost of removing trees and shrubs shall be borne by the person requesting removal.

C. It shall be the duty of the Director of Public Works, or his authorized agent, to plant, when possible, a replacement tree or shrub of approved kind for each tree or shrub so removed. (Ord. 1205 § 2, 1969; prior code § 27.817).

It is unlawful for any person, firm or corporation to hinder, prevent or interfere with the Director of Public Works, or his authorized agent, while engaged in carrying out the provisions of this chapter, or while engaged in the care or removal of any tree or shrub in or about a public street or parkway in the City. (Ord. 1205 § 2, 1969; prior code § 27.818).

The Director of Public Works shall, from time to time, prepare plans which shall designate by means of a map of the City streets a uniform method of street tree planting, zoning certain streets for a certain specimen of tree or trees, and shrub or shrubs, showing the distance apart of said trees and shrubs, and the place where each tree or shrub is to be planted, and shall submit said plan to the chief administrative officer for approval or modification. After the same has been approved by the chief administrative officer, the same shall be submitted to the City Council for modification or approval, and adoption by that body. Said plan shall then become the tree planting plan for the streets of the City, and shall be strictly adhered to in all future street planting improvement projects and in the removal and replacement of trees, shrubs and plants on the streets of the City. Said uniform plan of tree planting may, but need not be, adopted by the City Council at one time, but the Council may adopt said plan for different portions of the City within a reasonable length of time after the completed plan for any particular portion of the City has been submitted to the City Council. Copies of said plan, or portions thereof, shall be kept on file in the office of the Director of Public Works and may be obtained by the public. (Ord. 1205 § 2, 1969; prior code § 27.821).

Each property owner, lessee or agent of multiple-family, commercial and industrial property shall be required to maintain that portion of the public right-of-way immediately adjacent to property under his/her control and shall include the area between the private property line and the public curb line. This maintenance shall include all landscaping installed pursuant to the provisions of this code and the landscaping manual of the City and shall further provide that said area shall be kept free of all weeds, debris and other impediments. (Ord. 1910 § 1, 1980).