Citrus Heights Municipal Code Div. 3 Street Trees

The purpose of this division is to protect the urban forest which consists of thousands of public trees. These trees contribute long-term aesthetic, environmental, and economic benefits to the city. Aesthetically, trees offer dimensions in the form of color, shape, texture, scale and variety and provide numerous tangible and intangible benefits to residents, visitors, and neighboring communities.

Environmental benefits derived by trees include the filtering of air pollutants; increasing atmospheric oxygen levels; stabilizing soils; reducing heat convection; decreasing wind speed; and reducing the negative effects of solar glare. The biological diversity of wildlife and plant communities is enhanced by the favorable conditions created by trees.

Trees are a major capital asset to the city and like any valuable asset they require appropriate care and protection.

The economic benefits derived from trees include increased property values, and additional revenue generated by businesses, visitors and new residents attracted to the urban forest image of the city.

The City of Citrus Heights hereby finds that this division will:

(1) Preserve and grow Citrus Heights' canopy cover by protecting landmark, native and specimen trees and expanding the protection of street trees and trees on public property.

(2) Safeguard the city's urban forest by providing for the regulation of the protection, planting, maintenance and removal of trees in the city.

(3) Protect the visual and aesthetic character of the city.

(4) Improve and enhance property values by conserving and adding to the distinctive and unique aesthetic character of the many areas of Citrus Heights.

(5) Improve the quality of life for residents, visitors and wildlife.

(6) Create favorable conditions for the protection of designated landmark, native and specimen trees, for the benefit of current and future residents of Citrus Heights.

(7) Maintain and enhance the general health, safety and welfare of the city and its residents by assisting in counteracting air pollution and in minimizing soil erosion and other related environmental damage.

(8) Protect and maintain healthy trees in the land use planning processes as set forth herein.

(9) Establish procedures and practices for fulfilling the purposes of this city tree and tree protection ordinance.

(Ord. No. 2018-009, § 1, 1-10-2019)

For the purpose of this division, the words and phrases used herein shall have the following meaning:

Alter or alteration means cutting, trimming, replacing, spraying, mutilating, causing injury to, interfering with the natural growth of, and/or impairing a street tree.

Base means the point at which a plant's roots and top structure join (usually at or near the soil line).

Director means the community services director or designee.

Maintain or maintenance, when used in reference to street trees, means and includes pruning, spraying, mulching, fertilizing, cultivating, supporting, treating for disease or injury, promoting public safety, or any other similar act which promotes the life, growth, health or beauty of street trees not to include the control of vertebrate pests.

Planting easement means that portion of land made available as an easement, and/or land that the city owns in fee title, for the purpose of planting and maintaining city street trees.

Plant material means a living thing that usually produces seeds and typically has a stem, leaves, roots, and sometimes flowers.

Private tree means any tree which has the center of its trunk located on private property when any part of such tree overhangs or touches public property, including, but not limited to, city streets, sidewalks, alleys, rights-of-way, easements, or parks, regardless of the form of ownership of such public property. Shrubs with multiple, or single, trunk(s) are included in this definition of private tree. The director shall determine whether any specific woody plant shall be considered a private tree.

Right-of-way means land which by deed, conveyances, agreement, easement, dedication, usage, or process of law is reserved for and dedicated to the use of the general public for street or highway purposes.

Street tree means any tree that has the center of its trunk at ground level located within the right-of-way or planting easement. Shrubs with multiple, or single, trunk(s) are included in this definition of street tree. The director shall determine whether any specific woody plant shall be considered a street tree.

(Ord. No. 2018-009, § 1, 1-10-2019)

The director is authorized to render interpretations of all provisions, rules, regulations and policies, including but not limited to the administration and implementation of the provisions of this division.

(Ord. No. 2018-009, § 1, 1-10-2019)

The director, under the general supervision of the city manager, shall have the authority and responsibility to do the following:

(1) Carry out the provisions of this division;

(2) Remove, alter or replace any tree located within a right-of-way or planting easement, in accordance with the provisions of this division;

(3) Enter in or upon any part of a right-of-way or planting easement or adjacent property as is reasonably necessary for the purpose of planting and maintaining street trees.

(Ord. No. 2018-009, § 1, 1-10-2019)

(a) The director shall be responsible for inspection, maintenance, removal and replacement of street trees planted within rights-of-way or planting easements. The director may cause street trees or other plant material planted in a right-of-way or planting easement to be removed by the city if deemed by the director to be unhealthy, hazardous, or causing excessive damage to existing public or private improvements, or other street trees.

(b) The director shall have the authority to require property owners to remove or prune any privately planted tree, shrub, vine, or other plant material if it is determined by the director to be seriously interfering with the growth and health of any street tree.

(c) In the event a property owner desires to remove or alter a street tree located in the right-of-way or planting easement abutting the owner's property, the owner or authorized agent thereof shall make application to the general services department. The applicant shall specify the following in the application to remove or alter the street tree:

(1) The type, size, and condition of the existing tree;

(2) The reason for desiring removal or alteration of the existing tree;

(3) The type, size, and condition of the tree which is to be used as a replacement, if any;

(4) The type of planter which exists and the type which will be used in replacement, if any;

(5) The estimated cost of removing or altering the existing tree, and installation of the new tree, if any, based on licensed contractor and supplier bids; and

(6) The proposed schedule for the removal and/or alteration of the existing tree.

(d) If a property owner applies to have a street tree removed, the director shall determine whether or not such tree is required to be retained. In making this determination, the director shall also consider:

(1) The inconvenience or hardship which retention of the tree would cause the property owner; and

(2) The condition, age, desirability of variety and location of the tree.

(e) If the director finds that the tree may be removed or altered, the director may authorize the property owner to remove or alter such tree at the owner's sole expense and liability as long as the property owner agrees to indemnify the city against any damage arising out of the street tree removal or alteration.

(f) If a the city issues a permit for removal or alteration of a street tree, all removal or alteration work shall be completed within 60 days from the date of issuance of the permit, and shall be under the general supervision of, and in accordance with, rules established by the director.

(g) The director may condition removal or alteration of the existing street tree upon a licensed contractor performing the work, with such contractor required to carry insurance sufficient to cover all reasonably foreseeable damages as a result of the tree removal and/or alteration and/or replacement. The director may require the city to be named by endorsement as an additional insured for such insurance.

(h) Whenever it is deemed necessary by the director, the director may require the work specified in the application or any part thereof to be done under the supervision of the director, and the cost of such supervision shall be borne by the applicant, if so determined by the director.

(i) The director may condition removal of a street tree upon the property owner agreeing to maintain the replacement street tree in good condition for a period of two years after the replacement tree is planted.

(j) If the costs of the removal or alteration of a street tree, and any damage to city property or other public property as an incident thereto, could reasonably exceed $750.00, then the applicant shall be required to post a form of financial security approved by the director with the city in such an amount prior to the tree being altered or removed and replaced. Such security shall be released, less any costs incurred by the city due to the city needing to finish alteration, removal or replacement of the street tree or to repair damage to city property caused by same, within 30 days after successful removal and replacement of the applicant's street tree.

(k) All tree stumps removed pursuant to the removal permit shall be removed to a depth specified by the director in writing.

(l) Before removing or altering any street tree, the applicant must also comply with all applicable encroachment permit requirements as set forth in section 78-1 of this Code.

(m) Before removing any street tree pursuant to such removal permit, the property owner shall contact Underground Service Alert (USA) by calling 811 at least 48 hours before removing any tree stump(s) pursuant to the removal permit. If USA determines that removal of such tree stump(s) will result in damage to any utility or service, then the director may reconsider allowing the removal of the tree.

(n) No person shall interfere or cause any person to interfere with any work being done under the provisions of this division by any employee of the city, or by any person or firm doing work for the city, or under a permit granted by the city.

(o) No person shall interfere or cause anyone to interfere with or damage any overhead wires or underground pipes or conduits while removing, trimming, pruning, spraying, or cutting any street trees in a right-of-way or planting easement. The owner of such facilities shall be notified in writing by the applicant when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to overhead wires, underground pipes or conduits shall be the responsibility of the person, firm or corporation doing and/or causing the work to be done. The city, its officers, employees and authorized city agents shall be exempt from the provisions of this subsection.

(Ord. No. 2018-009, § 1, 1-10-2019)

(a) It is hereby declared to be unlawful for any person or agent thereof to remove or alter any above- or below-ground growth of any tree, shrub, or plant being or growing in or on any public street, planting easement or right-of-way in this city, or cause or permit the same to be done except pursuant to a permit as provided in section 102-110 of this chapter.

(b) If a permit from the director is not obtained, it shall be unlawful for any person to remove or alter by any means any street tree planted or maintained by the city in rights-of-way or planting easements, including, but not limited to, the following:

(1) Constructing a concrete sidewalk or driveway or otherwise filling up the ground around any street tree so as to shut off air or water from its roots;

(2) Piling building materials, equipment, or other substance around any street tree;

(3) Pouring any deleterious material on any street tree or on the ground near any street tree;

(4) Posting any sign, poster, notice, or other object on any street tree, tree stake or guard, or fastening any guy wire, cable, rope, nails, screws, or other device to any street tree, tree stake or guard;

(5) Causing or encouraging any fire or burning near or around any street tree;

(6) Using any mechanical weeding device against a street tree;

(7) Constructing retaining walls, fences, or other similar improvements which prohibit the planting or maintaining of street trees or otherwise affect their growth;

(8) Operating construction equipment in such a manner to cause it to contact the street tree;

(9) Disrupting the anchorage of the street tree; and

(10) Changing the grade around the street tree including raising the level of soil, dirt or other organic or inorganic matter to be higher than the level of the base of the street tree within 18 inches of the street tree.

(Ord. No. 2018-009, § 1, 1-10-2019)

(a) No maintenance of street trees will be provided by the city in areas not within the city except by special written agreement with the city.

(b) It shall be unlawful for any person to plant any tree, shrub or plant in or upon any public street, planting easement, rights-of-way, or any city owned property without first having obtained written permission therefor from the director, who shall designate the kind, variety, size and location of the tree, shrub or plant to be planted.

(c) This section shall not prevent any otherwise authorized person, firm or public utility or public agency from installing and maintaining any overhead wires or underground pipes or conduits lawfully on, over or under public streets or public rights-of-way, subject to the provisions and requirements of this Code or applicable law. The director, when reviewing plans for planting, maintenance or removal of street trees, shall consider the effect upon existing overhead wires or underground pipes or conduits and shall avoid unnecessary disturbance to or relocation of said facilities.

(Ord. No. 2018-009, § 1, 1-10-2019)

Every owner property shall be required to maintain the tree(s) on the owner's property such that, for any tree overhanging any street or right-of-way, the tree's branches do not obstruct the light from any city-owned street light onto a public street, public park, or similar public area or obstruct the public view of any public street intersection. At a minimum, and there shall be a clear space of eight feet above the surface of the public sidewalk and 16 feet above the surface of the public street. Such property owner shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. With prior written notice to the property owner, the city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the public street from a street light or interferes with visibility of any traffic control device or sign.

(Ord. No. 2018-009, § 1, 1-10-2019)

(a) Any public utility or public agency maintaining or performing any other work on any overhead wires or underground pipes or conduits shall obtain prior written authorization from the director before performing any maintenance or such work to the wires, pipes, or conduits, if such maintenance or other work would alter street trees. The public utility or public agency shall in no way alter any street tree until its plans and procedures have been approved in writing by the director.

(b) The director shall be allowed to inspect any and all maintenance or other work performed by a public utility or public agency that might affect street trees. During the performance of such work, if, in the opinion of the director, the work would cause excessive or unnecessary injury to any street tree, the director shall have the authority to stop the maintenance or other work and arrange with the public utility or public agency another method of work satisfactory to the city.

(c) The provisions of subsections (a) and (b) of this section shall not apply to emergency public utility maintenance work that is performed during hours in which city personnel are not working.

(Ord. No. 2018-009, § 1, 1-10-2019)

Nothing in this division shall impose any liability upon the city, or members of the council, or any of its officials or employees or authorized city agents, nor relieve the owner or occupant of any private property from any duty to keep his/her private property in a safe condition and free from hazards to public use.

(Ord. No. 2018-009, § 1, 1-10-2019)

Any person violating any provision of this division shall be subject to, but not limited to, the city seeking recovery of the value of any street tree that is damaged or removed. The value of any particular street tree shall be determined by the general services department in accordance with standard claims practice.

(Ord. No. 2018-009, § 1, 1-10-2019)