Colusa Municipal Code Ch. 19 Trees and Shrubs

Footnotes:

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1 ;l For state law authorizing city to plant shade trees, see Gov. C., § 40401. As to cutting, removal, injuring, etc., of trees, see Pen. C., § 384a. As to license fees for tree trimmers or tree surgeons, see § 10-40 of this Code.

Editor's note— Ord. No. 473, § 2, adopted March 20, 2012, repealed § 19-1 which pertained to the tree commission—appointment and compensation of members; meetings; and derived from Ord. No. 407, §§ 1, 2; and Ord. No. 465, § 1, adopted April 5, 2011.

Editor's note— Ord. No. 473, § 2, adopted March 20, 2012, repealed § 19-2 which pertained to terms of office of members and fillings of vacancies, and derived from Ord. No. 407, §§ 1, 2.

Editor's note— Ord. No. 473, § 2, adopted March 20, 2012, repealed § 19-3 which pertained to powers and duties generally, and derived from Ord. No. 407, §§ 1, 2.

Editor's note— Ord. No. 473, § 2, adopted March 20, 2012, repealed § 19-4 which pertained to preparation and adoption of a master list of approved trees and derived from Ord. No. 407, §§ 1, 2.

(a) A property owner may request from the tree commission the planting of trees in the public rights-of-way, at the city expense, subject to the availability of funding. The city can, from time to time, plant trees in the public rights-of-way. The city will, upon application of the property owner fronting of such property, plant trees purchased by the property owner.

(b) No tree shall be planted in any such public rights-of-way or any other public place, unless such tree is included in the master list adopted by the tree commission and approved by the city council.

(c) All trees to be planted in the public rights-of-way or other public places shall be planted by the public works department, unless special permission is granted by the public works administrator/director. The public works administrator/director, acting under the direction of the tree commission, is hereby authorized to give permission for the planting of trees in such public rights-of-way or public places, provided that the trees are included in the master list of trees approved for planting.

(d) Any shrub planted in the public rights-of-way must be approved by the public works administrator/director.

(Ord. No. 407, §§ 1, 2.)

Individuals may cut, trim; prune, remove, or spray trees or shrubs in city streets, rights-of-way, parks, alleys or public places provided they obtain city approval by the tree commission or public works administrator/director. Property owners may trim or prune trees located in the rights-of-way immediately in front of and adjacent to their owned property without city approval provided that the trimming or pruning is done by a certified and licensed arborist in accordance with professionally recognized procedures and standards.

(Ord. No. 407, §§ 1, 2.)

(Ord. No. 512, § 1, 1-19-2016)

Any tree removed at the property owner's request from the city street, rights-of-way, park, alley or public place shall be replaced with another tree of suitable species. The property owner may request from the tree commission the planting of trees in the city street, rights-of-way, park, alley or public place, at the city's expense, subject to available funding. The city will upon application from the property owner of such property fronting on city street, rights-of-way, park alley or public place, plant trees purchased by the property owner.

(Ord. No. 407, §§ 1, 2.)

Any request for the removal or trimming of trees growing in any public parking strip, street, boulevard, alley, park or public place shall be made to the tree commission. Upon approval all such work shall be supervised by the city and at the total expense of the property owner making the request. In the event such tree constitutes an immediate hazard to persons or property, the same may be forthwith trimmed or removed at city's expense.

(Ord. No. 407, §§ 1, 2.)

Any person maintaining any overhead wires, any pipes or any underground conduits along or across any public street, parking strip, boulevard, alley, park or public place in the city, or owning any property abutting upon any public street, parking strip, boulevard, park, public place or alley is responsible for any damage to trees, caused by electric wires, or during the installation of the same. The reasonable expense incurred by the city in restoring or replacing any such damages trees, plants or shrubs shall be paid to the city by the owner of such facilities upon demand thereof. The owner may restore or replace damaged trees, shrub or plants at own expense if approved by the public works department and to their satisfaction.

(Ord. No. 407, §§ 1, 2.)

No person shall move any building or any other device or object along any street in the city in such a manner as to injure any tree, shrub or plant in such street area. The city may, if it deems it advisable, require a bond from any person desiring to move any building or equipment of any kind in sufficient amount to cover any damage or destruction of trees, shrubs or plants. If damage is done, the responsible person shall replace, repair, etc., the damaged tree, shrub or plant at own expense and to the city's satisfaction.

(Ord. No. 407, §§ 1, 2.)

Tree guards or stakes may be placed around trees, shrubs or plants growing in the public places mentioned in this chapter, by the city or by property owners; provided, that the same are merely placed near a tree, shrub or plant for the purpose of protecting or training such tree, shrub or plant.

(Ord. No. 407, §§ 1, 2.)

No person shall fasten or attach any wires, pipes, signs, placards or structure of any kind to any tree, shrub or plant growing in any parkway, parking strip, boulevard, park, or alley, without first having obtained written permission from the city.

(Ord. No. 407, §§ 1, 2.)

No person shall cause or authorize any substance harmful to tree life to lay, leak, pour, flow or drip upon or into the soil about the base of any tree, in any street, park, boulevard, parking strip, parking place or alley in the city or on to any sidewalk, road or pavement within the city.

(Ord. No. 407, §§ 1, 2.)

The parks, recreation and tree commission, subject to all protections and limitations set forth in the Government Code including but not limited to Section 835 thereof, shall reasonably inspect trees, on streets, parks, parking strips, boulevards, alleys or public places in the city to determine the requirements for trimming, pruning, repairing, removing injecting or spraying. The commission may obtain the advice of experts in this field.

(Ord. No. 407, §§ 1, 2.)

(Ord. No. 512, § 1, 1-19-2016)

The tree commission may inspect street intersection hazards where trees, shrubs or plants on any street, park, boulevard, parking strip, alley or public place are causing a traffic hazard or obstruction to travel, it may take steps to have the city remove or trim them.

The tree commission shall inspect all streets, parking strips, boulevards, sidewalks and alleys for low branches that are hazardous to pedestrians, and have the same removed wherever these hazards are found.

(Ord. No. 407, §§ 1, 2.)

(a) Nuisance. All species and varieties of elm trees (trees of genus Ulmus) infected with the fungus known as Dutch elm disease (Ceratocystis ulmi) are hereby declared to be a public nuisance. Said nuisance can be abated by using procedures set forth in Section 14-14 through 14-23 of the City Code.

Determination of existence of infection with said fungus shall be made by submission of samples to a suitable testing facility to be selected by the officer responsible for enforcement of this section.

All species and varieties of elm trees that are dead or substantially dead and all dead elm wood to which the bark is still attached, which because of their condition may serve as a breeding place for the smaller European elm bark beetle (Scolytus multistriatus), and the native elm bark beetle (Hylurgopinus rufipes), or any other carrier of said disease, are hereby declared to be public nuisances.

(b) Enforcing Officer. The public works administrator/director of the city shall perform the duties set forth in this section and shall enforce provisions hereof. He/She may have such assistance as the city council may from time to time provide.

(c) Inspections. The public works administrator/director is authorized and empowered to enter upon any lot or parcel of land in the city in accordance with city and state law for the purpose of inspecting any elm trees or dead elm wood situated thereon and he/she may remove such specimens from any such trees as are required for the purpose laboratory analysis referred to in this section, or to determine whether such tree because it is dead, or substantially dead, may serve as a breeding place for any carrier of Dutch elm disease. It shall be unlawful for any person to take any action to prevent the public works administrator/director from entering on any lot or parcel of land in the city for the purpose of such inspection or to interfere with the public works administrator/director in the performance of any of his/her duties provided for under the provisions of this section.

(d) Notice to owner. If, on analysis of specimens removed from any elm tree by the public works administrator/director, it is determined that such tree is a public nuisance as provided herein, or if the public works administrator/director determines that any dead, or substantially dead elm tree or dead elm wood, is a public nuisance as provided herein, the public works administrator/director shall serve or cause to be served upon the owner of record of the lot or parcel of land on which such tree or dead elm wood is located, a written notice requesting such owner to abate such nuisance. If any person upon whom such notice is served, fails, neglects or reuses to move and destroy by burning such elm tree or dead elm wood within ten days after service of such notice, the public works administrator/director may proceed to remove and burn such tree or dead elm wood, and the cost thereof shall be borne by the city.

Service of notice provided for herein shall be by personal service on the owner of the lot or parcel of land as a resident of the city. If such owner cannot be found in the city or is a nonresident of the city, written notice shall be serviced by registered mail upon the record owner of the lot or parcel at the address appearing on the last equalized assessment roll of the county.

(e) Abatement of Nuisance by City. Any elm tree or dead elm wood on property owned by the city which is a public nuisance as defined in this section, within ten days of routine lab analysis, shall be removed and burned under the supervision of the public works administrator/director as an expense to the city.

(Ord. No. 407, §§ 1, 2.)

Violation of this Chapter 19 shall be an infraction punishable as follows:

1. First offense-$500.00 fine.

2. Second offense within five years-$1,000.00 fine.

3. Third offense or subsequent offense within five years of the last violation-$2,000.00.

(Ord. No. 407, §§ 1, 2.)