Coalinga Municipal Code Art. 2 Permitted/Prohibited Actions

Trees or shrubs within parks, public spaces, shall be the responsibility of the City to maintain and care for, including but not limited to periodic and regular watering, pruning, trimming, weed control, or removal.

Trees or shrubs within parking strips or private property to the extent it may encroach or overhang a public place, park, or street shall be the responsibility of the owner or occupant, including but not limited to periodic and regular watering, pruning, trimming, weed control, or removal.

Street trees shall be the responsibility of the owner of any irrigation system designated to the street tree. Should the tree lack an irrigation system, the responsible party defaults to the owner or occupant abutting the trees location.

Responsibility of trees within parking strips shall be assumed by the owner or occupant of the abutting property.

Any tree or shrub growing in a parking strip, public place, or in private property which is endangering or which in any way may endanger the security or usefulness of any public place, park, parking strip, street, or utility is declared to be a nuisance; and the city may remove or trim such trees, or may require the property owner to trim or remove any such tree.

(§ B, Ord. 583, eff. May 4, 1991; Ord. No. 844, § 2, eff. 9-5-2020)

The Director of Public Works shall have control of and be responsible for the planting, maintaining, removal and protection of trees and shrubs within parks, streets and public places, including the right to determine whether any specific woody plant shall be considered a tree or a shrub. Said determination shall be final and not subject to appeal.

(§ B, Ord. 583, eff. May 4, 1991)

The Director of Public Works shall have authority to determine that a planting, maintenance, removal or protection of trees or shrubs is solely due to the request of or benefit for the property owner abutting the park, public place or street in which the tree or shrub is to be, or is, located, and upon such determination may require such planting, maintenance, removal, or protection at the expense of such property owner and may require such owner to pay the estimated cost thereof in advance.

(§ B, Ord. 583, eff. May 4, 1991)

All trees and shrubs planted in parks, public places or streets, parking strips, or planted on private property to the extent it may encroach or overhang a park, public place or street, as defined in this chapter, shall be located and planted under the supervision of the Director of Public Works, who shall supervise such planting and locating. In the performance of such supervision, consideration shall be given to the following factors; provided that, setbacks and considerations of safety do not interfere:

(a) Trees and shrubs that must be removed shall be replaced by a new planting, except in unusual circumstances;

(b) Whenever possible, trees and shrubs shall be planted near old and dying ones in anticipation of their removal;

(c) Unnatural regularity of spacing and arrangement shall be avoided, staggered or irregular locations or a simulated forest arrangement being preferred;

(d) Species selected may vary, depending upon location, with a preference for native species; the Director is to nominate several species to be perpetuated as the dominant forest trees within the City;

(e) The coordinating of tree and shrub planting on public ways with landscaping on private property so as to achieve the above purposes is deemed desirable;

(f) All street trees and shrubs shall be planted between the curb and the sidewalk, and/or within planting and maintenance easements, and/or within in other areas as determined by the Director of Public Works;

(g) No street tree or shrub shall be planted or maintained if it obscures adequate site distances at intersections and, in no event, within thirty (30) feet of the curb lines of intersecting streets; and

(h) Street trees shall be a minimum twenty-four-inch box type. However, fifteen (15) gallon type street trees may be planted as part of the City's street tree removal and replacement program along collector streets and local streets.

(§ B, Ord. 583, eff. May 4, 1991, § 2, Ord. 645, eff. December 18, 1999; Ord. No. 844, § 3, eff. 9-5-2020)

The wood or roots of any trees and shrubs planted in parks, public places or streets, parking strips, or planted on private property to the extent it may encroach or overhang a park, public place or street, as defined herein, shall be trimmed, pruned or shaped under the supervision of the Director of Public Works, who shall supervise such trimming, pruning and shaping. In the performance of such supervision, consideration shall be given to the following factors; provided, that setbacks and considerations of safety do not interfere:

(a) Trimming, pruning and shaping of limbs, not in excess of one-inch diameter on trees and shrubs that have been planted for more than five (5) years shall be permitted by right;

(b) All limb cuts made on trees and shrubs shall be smooth and flush with the trunk or larger branch on which cuts are made, and in the case of cuts larger than one inch must be treated with an approved preservative;

(c) All trimming, pruning and shaping shall be done in accordance with accepted methods of horticulture;

(d) All limbs that encroach on a pedestrian walkway shall be trimmed to a minimum height of seven (7) feet; and

(e) All limbs that encroach on a vehicular path of travel shall be trimmed to a minimum height of fourteen (14) feet.

(§ B, Ord. 583, eff. May 4, 1991; Ord. No. 844, § 4, eff. 9-5-2020)

No tree or shrub planted in parks, public places or streets, parking strip, or planted on private property to the extent it may encroach or overhang a park, public place or street, as defined herein, shall be cut down or removed without the permission and supervision of the Director of Public Works, who shall permit and supervise such cutting or removal. In the performance of such supervision, consideration shall be given to the following factors, provided that setbacks and considerations of safety do not interfere:

(a) The health or condition of the tree or shrub;

(b) Removal is justified by reason of good forestry practice or the poor health or dangerous condition of the tree or shrub; or

(c) Construction or other improvements on private property.

(§ B, Ord. 583, eff. May 4, 1991; Ord. No. 844, § 5, eff. 9-5-2020)

No person shall:

(a) Break, damage, deface, burn, mutilate, destroy or kill any tree or shrub;

(b) Set or permit any fire to burn where such fire or the heat therefrom will injure any tree or shrub;

(c) Apply, attach or place to any tree or shrub or to any guard or stake intended for the protection thereof any paint, rope, sign, wire or any other device or substance of any kind or nature whatsoever without prior consent of the Director of Public Works;

(d) Authorize, cause or permit any substance deleterious to tree or shrub life on or into the soil about the base of any tree or shrub or on any paved area from which said substance may seep into such soil;

(e) Cause or permit concrete, stones or other substances to be maintained or placed in such a manner as to impede the free access of air and water to any tree or shrub;

(f) Delay, interfere with, obstruct or resist the planting, maintaining or removal of trees or shrubs; or

(g) Leave any tree or shrub in the vicinity of an alteration, construction, erection or repair of any structure without good and sufficient barriers, guards, or other protectors as shall prevent injury thereto.

(§ B, Ord. 583, eff. May 4, 1991)

Any person affected by any action, decision, or ruling of the Director of Public Works may, within ten (10) days of the date of such action, decision, or ruling, appeal the same to the City Council by filing a notice of appeal in writing in the Office of the City Clerk. Any notice of appeal shall set forth the specific ground or grounds upon which the appeal is taken. The signature of at least one (1) signer of the appeal shall be verified before a person authorized under the laws of the State of California to administer oaths.

(§ B, Ord. 583, eff. May 4, 1991)

Upon the filing of such an appeal, the City Clerk shall place the appeal upon the agenda of the next regular meeting of the City Council, unless the mayor authorizes placing the matter on the agenda of an earlier meeting.

(§ B, Ord. 583, eff. May 4, 1991)

At the time set for hearing the appeal, the City Council shall proceed to hear and determine the same. The hearing may be continued, at the discretion of the Council, in order to obtain further information or hear further witnesses. After initial hearing, the City Council may set a public hearing prior to making a determination. Any determination of the City Council shall be final and conclusive and not subject to further appeal.

(§ B, Ord. 583, eff. May 4, 1991)