Compton Municipal Code § 20-4 Street Trees

[Added by Ord. #1655, § 7800]

The following words and phrases shall have the meanings respectively ascribed to them by this subsection unless otherwise specifically provided and as defined per the Standard Specifications for Public Works Construction:

DIRECTOR

Shall mean the Director of Public Works or his designee.

PARKWAY STRIP

Shall mean that area within the public right-of-way lying between the curb and the sidewalk.

PERSON

Shall mean individuals, corporations, associations, partnerships and to the extent of the City's jurisdiction, public entities.

STREET TREE

Shall mean that plant and arborescent form planted and maintained within the public right-of-way.

[Added by Ord. #1655, § 7801]

It shall be unlawful, a public nuisance, and an infraction punishable by a $100 fine for any person to plant, remove, prune, injure or destroy any street trees, as hereinafter defined, except in conformance with the provisions of this section.

[Added by Ord. #1655, § 7802]

All street trees within the City of Compton are the property of the City. The Director shall have exclusive authority, except as hereinafter provided, to plant, remove, prune, inspect, maintain, root prune or otherwise alter such street trees.

[Added by Ord. #1655, § 7803]

Any person may request the removal, spraying, pruning, root pruning or replacement of a street tree on or adjacent to his property. Upon such request, the Director may inspect such tree, and in his sole and exclusive determination, cause the removal, spraying, pruning, root pruning or replacement of such street tree.

[Added by Ord. #1655, § 7804]

Upon written approval of the Director, any person requesting street tree service pursuant to subsection 20-4.4 may undertake such work privately or by agreement with a private nursery or tree service if, in the sole and exclusive determination of the Director:

a. There is sufficient assurance that such work will be properly undertaken and, except in cases of removal, will not irrevocably damage the street tree; and

b. There is sufficient assurance that the public safety will not be impaired. To this end the Director may require a public liability and property damage insurance policy, permit and processing fee.

[Added by Ord. #1655, § 7805]

Notwithstanding the provisions of subsection 20-4.4 and 20-4.5 herein to the contrary, the Director shall not remove or permit to be removed any live street tree, except instances of immediate public danger, without first posting such tree with a conspicuous notice stating in general that the tree is to be removed 10 days after the date of posting. The notice shall state that any person may protest the removal of such tree by notifying the Director. Upon receipt of such a protest, the Director shall reconsider his decision to remove or permit removal of such tree. If the tree poses no threat to public safety, public or private property (including utilities and sewer laterals) or if removal is not required to allow the construction of public or private improvements, or if such threat may be mitigated by pruning, root pruning, irrigation, feeding or other maintenance, the Director shall not remove or permit removal of the tree. Any person aggrieved by the final determination of the Director may appeal to the City Manager. Any person aggrieved by the determination of the City Manager may appeal to the City Council. The City Manager may establish rules of procedure for the processing of any such appeals.

[Added by Ord. #1655, § 7806]

a. Upon written approval of the Director, any person may undertake privately or by agreement with a private nursery or tree service, the planting of a street tree provided that the location, species and manner of planting are acceptable to the Director.

b. The Director shall prepare a list of those tree species which are acceptable for use as a street tree. The Director shall also establish such criteria relating to the location and manner of planting such tree as will protect public safety and public and private improvements.

c. All new plantings of street trees as replacements for street trees existing on the effective date of this section shall conform to the species and planting criteria set forth in paragraph b of this subsection.

d. There may be imposed as a condition of approval for all parcel and subdivision maps that the subdivider plant street trees at such locations and in such manner as may be determined by the Director.

[Added by Ord. #1655, § 7807]

a. It shall be the duty of any person owning or operating any utilities within the public right-of-way (including but not limited to water, sewers, gas, electrical, telephone and cable television services) to maintain such utilities in a manner to prevent damage to street trees.

b. Any person excavating, trenching or otherwise engaged in subsurface works within the public right-of-way shall not cut any street tree root exceeding three inches in diameter unless specifically authorized to do so by the Director. In addition to the penalties otherwise prescribed by this section for violation of the terms thereof, any person who, without authorization, cuts a street tree root in excess of three inches in diameter shall be liable for the cost of removal and replacement of the street tree, should such removal be necessary in the sole and exclusive determination of the Director, or shall be liable for the costs of remedial pruning should such be necessary in the sole and exclusive determination of the Director.

[Added by Ord. #1655, § 7808]

The provisions of this section shall not be considered to release or relieve any owner of real property within the City from a duty to maintain his property, including such portions of the public right-of-way that are the maintenance responsibility of the property owner. However, in the sole and exclusive determination of the Director, whenever damage to the public right-of-way is directly caused by the action of a street tree, the City may repair and/or reconstruct the right-of-way improvements exclusively or on any proportional cost basis determined by the Director. This subsection shall not be construed as creating an additional cause of action or liability on behalf of any property owner, person or the City.