Commerce Municipal Code Ch. 12.06 City Trees

Footnotes:

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Editor's note— Ord. No. 764, § 2, adopted Oct. 20, 2020, amended Ch. 12.06 in its entirety to read as herein set out. Former Ch. 12.06, §§ 12.06.010—12.06.040, pertained to similar subject matter and derived from Ord. No. 626, § 1, 2010.

For the purpose of this chapter, the word "tree" means any plant or vegetation which exceeds eighteen inches in height. The word "groundcover" means any plant or vegetation which does not exceed eighteen inches in height.

(Ord. No. 764, § 2, 10-20-2020)

The city council shall by resolution, adopt a city tree policy. The intent of the policy shall be to recognize and underscore the importance of trees and the urban forest of the city and to preserve the trees of the city for future generations and safeguard the public from dangerous conditions from the city's urban forest.

(Ord. No. 764, § 2, 10-20-2020)

The director of public works, or his or her designee, shall administer and enforce the provisions of this chapter or any provision set forth in the city tree policy adopted pursuant to Section 12.06.020 herein.

(Ord. No. 764, § 2, 10-20-2020)

(a) It shall be unlawful for any individual, person, company, corporation or entity to plant, remove, prune, or maintain any trees, or allow, cause, or permit the same to be done, in the city, in violation of this chapter or any provision set forth in the city tree policy adopted pursuant to Section 12.06.020.

(b) The City Council of the City of Commerce hereby declares and finds that a violation of this chapter or the city tree policy is a public nuisance subject to enforcement, abatement, remedies, and penalties as provided in this chapter, section, code, city tree policy, and any applicable local, state and federal laws, ordinances, rules and regulations.

(c) Any individual, person, company, corporation or entity causing, allowing, permitting, or maintaining any condition, use or activity in violation of any provision of this chapter or the city tree policy shall be guilty of a misdemeanor, pursuant to Section 1.12.010 of Chapter 1.12 of this code.

(d) A responsible party may also be subject to administrative citations and fines pursuant to Chapter 1.13 of this code, as well as Resolution No. 20-90, as may be subsequently amended.

(e) The individual, person, company, corporation or entity causing or allowing a violation of this code or the city's tree policy shall reimburse the city any costs incurred by the city for undertaking any underlying corrective work, including costs of planting, removal or pruning of trees, and for the administrative time and expense to enforce the provisions of this chapter or the city tree policy, including late charges, and the handling of any assessment or lien. Failure to pay said corrective work or enforcement costs to the city shall authorize the city to collect said costs by any and all available legal remedies available to the city. In this regard, in addition to other penalties provided by law, any condition caused or permitted to exist in violation of this chapter or city's tree policy is deemed a public nuisance and the city may proceed with summary abatement and recover the expenses of abatement for that nuisance, pursuant to Chapter 9.32 ("Public Nuisances and Abatement") of this code, or applicable local or state laws.

(Ord. No. 764, § 2, 10-20-2020)