Citrus Heights Municipal Code Div. 1 Generally

(a) No tree or shrub shall be planted or maintained contrary to the provisions of chapter 12.12 of the Sacramento County Code.

(b) No tree shall be planted within five feet of the right-of-way line of any public street, except as otherwise authorized by the general services director. The right-of-way line shall be that which is shown on the master plan for streets and highways or as determined by the department of general services.

(c) The purpose of this section is to provide a safe corridor adjacent to city streets for pedestrian or other uses.

(Ord. No. 97-01, § 2(19.04.120), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

The city shall be exempt from the provisions of the Solar Shade Control Act, Public Resources Code § 25980 et seq.

(Ord. No. 97-01, § 2(19.04.125), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Any tree located on public or private property which, in the opinion of the general services director, endangers the life, health, safety of persons on public or private property; is infected or affected by parasites, disease, or pests; or interferes with or obstructs a public storm drain, sanitary sewer, drainage canal, city utility easement, alley or street is hereby declared to be a public nuisance and subject to section 102-29.

(Ord. No. 97-01, § 2(19.04.130), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) The following procedures shall be followed when abating or correcting a condition relative to a public nuisance tree:

(1) The owner or occupant of property on which the tree is located shall be notified in writing by certified mail that the tree shall be removed, sprayed or otherwise abated.

(2) The owner or occupant of property on which the tree is located shall have the right to appeal to the city council the determination of the general services director.

(3) The owner or occupant of such premises shall have 15 days from the time of the mailing of the notice to either comply with the terms of the notice of abatement or corrective action or to file an appeal with the city council concerning the contemplated action of the general services director.

(4) If the owner of such premises or his or her agent refuses or neglects to comply with the notice or to appeal the order of the general services director within the time specified, the general services director shall cause the tree to be sprayed, removed or otherwise abated.

(b) The general services director shall keep an account of the cost of abatement. The director shall submit to the city council for confirmation an itemized written report showing such cost.

(c) A copy of the report shall be posted for at least three days prior to its submission to the city council on or near the chamber door of the city council with a notice of the time when the report will be submitted to the city council for confirmation.

(d) At the time fixed for receiving and considering the report, the city council shall hear it and any objections of the property owner liable to be assessed for the work of abatement. The city council may modify the report if it is deemed necessary, after which, by order or resolution, the report shall be confirmed.

(e) The cost of abatement shall constitute a special assessment against the parcel of land concerned. After the assessment is made and confirmed, it is a lien on the parcel of land.

(f) After confirmation of the report, a copy shall be given to the county assessor and the tax collector who shall add the amount of the assessment to the next regular tax bill levied against the parcel of land.

(g) The amount of the assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale as provided for ordinary county taxes.

(h) Laws relating to the levy, collection and enforcement of county taxes apply to such special assessment taxes.

(i) The city council may order refunded all or part of a tax paid pursuant to this section if it finds that all or part of the tax has been erroneously levied. The tax or part shall not be refunded unless a claim is filed with the city council on or before November 1 after the tax became due and payable. The claim shall be verified by the person who paid the tax, or his or her guardian, executor or administrator.

(j) The lien of the assessment shall have the priority of the taxes with which it is collected.

(Ord. No. 97-01, § 2(19.04.140), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

It is unlawful for any person to prevent, delay or interfere with any work being done under this division, whether the work is done by an employee of the city or a person or firm performing work for the city pursuant to contract, hire or assignment.

(Ord. No. 97-01, § 2(19.04.150), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

Any person aggrieved by any act or determination of a city official or employee in the exercise of the authority mentioned in this division shall have the right of appeal to the city council. The following procedure shall govern such appeals:

(1) An appeal shall be perfected by filing written notice of appeal with the city clerk. The notice of appeal shall be filed within 15 days after the act or determination which prompted the appeal.

(2) The city clerk shall notify the city council of the appeal. The city council shall forthwith transmit to the city clerk all papers, maps, and other matters of record upon which the exercise of authority was based.

(3) Upon receipt of notice of the appeal, the city clerk shall set a date for hearing before the city council. Notice of such hearing shall be given by publication in a newspaper of general circulation at least ten days prior to the hearing. Notice of the hearing may also be given by mailing, postage prepaid, the time and place of such hearing to all persons who, at the time of the public hearing held by the general services director relative to a tree removal, requested such notice be given by mail. Any failure to mail notices as provided in this subsection if notice was given by publication shall not invalidate the proceedings before the city council.

(4) The city council may deny or grant the appeal in whole or in part.

(Ord. No. 97-01, § 2(19.04.160), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)

(a) The department of general services is charged with the responsibility of enforcing this division. No oversight or dereliction on the part of employees of the department of general services or any other employee or official of the city vested with the duty or authority to issue permits, conduct investigations and enforce this division shall legalize, authorize, waive, or excuse any violation of any of the sections of this division.

(b) The general services director may, upon the presentation of credentials, go upon any premises at any reasonable time for the investigation and inspection of any tree which is suspected to be in violation of this division, after having given the owner or occupant thereof at least five days' prior notice of the date of inspection.

(Ord. No. 97-01, § 2(19.04.170), 1-2-1997; Ord. No. 97-13, § 2, 3-26-1997; Ord. No. 97-17, § 2, 9-24-1997)