Coachella Municipal Code Ch. 12.24 Street Trees

This chapter shall be known and may be cited as the "Street Tree Ordinance of the City of Coachella."

(Prior code § 25-14)

For the purposes of this chapter, the following terms, phrases, words, and their derivations shall have the meaning given in this chapter.

"Street tree" or "tree" is a tree in a public place, except where otherwise indicated.

"Superintendent of public works" is the superintendent of public works of the city.

(Prior code § 25-15)

The superintendent of public works shall have exclusive jurisdiction and supervision over all trees, other plants, and grassy areas planted or growing in public places.

A. Preserve or Remove. The superintendent of public works shall have the authority and it shall be his or her duty to plant, trim, spray, preserve and remove trees, other plants and grassy areas in public places to insure safety or preserve the symmetry and beauty of such public places.

B. Order to Preserve or Remove. The superintendent of public works shall have the authority and it shall be his or her duty to order the trimming, preservation or removal of trees or plants upon private property when he or she shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places.

(Prior code § 25-16)

It shall be the duty of any person growing a tree within a public highway or responsible for trees growing on property abutting on public places supporting trees or plants:

A. Trim. To trim his or her trees so as not to cause a hazard to public places or interfere with the proper lighting of public highways by the street lights, and so that minimum clearance of any overhanging portion shall be nine feet.

B. Treat or Remove. To treat or remove any tree or plant so diseased or insect-ridden as to constitute a hazard to trees or plants in public places.

(Prior code § 25-17)

When the superintendent of public works shall find it necessary to order the trimming, preservation or removal of trees or plants upon private property as authorized in Section 12.24.030(B) he or she shall serve a written order to correct the dangerous condition upon the owner, operator, occupant or other person responsible for its existence.

A. Method of Service. The order required in this chapter shall be served in one of the following ways:

1. By making personal delivery of the order to the person responsible;

2. By leaving the order with some person of suitable age and discretion upon the premises;

3. By affixing a copy of the order to the door at the entrance of the premises in violation;

4. By mailing a copy of the order to last known address of the owner of the premises, by certified mail; or

5. By publishing a copy of the order in a local paper once a week, for three successive weeks.

B. Time for Compliance. The order required in this chapter shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or public property, the superintendent of public works shall have the authority to require compliance immediately upon service of the order.

C. Appeal From Order. A person to whom an order hereunder is directed shall have the right, within forty-eight (48) hours of the service of such order, to appeal to the city manager, who shall review such order within three days and file his or her decision. Unless the order is revoked or modified it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within five days after an appeal shall have been determined.

D. Failure to Comply. When a person to whom an order is directed shall fail to comply within the specified time, the superintendent of public works shall remedy the condition or contract with others for such purpose and charge the cost thereof to the person to whom the order is directed. The person remedying a condition under a contract made in this chapter shall be authorized to enter premises for that purpose.

E. Special Assessment. If the cost of remedying a condition is not paid within thirty (30) days after receipt of a statement therefor from the superintendent of public works such costs shall be levied against the property upon which such hazard exists, as a special assessment. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment for violation of this code. Such special assessment shall be certified by the superintendent of public works to the county tax collector and shall become and be a lien upon such property, shall be included in the next tax bill rendered to the owner or owners thereof unless paid before, and shall be collected in the same manner as other taxes against such property.

(Prior code § 25-18)