Del Mar Municipal Code Ch. 11.13 Proper Maintenance of Trees and Plants

The City Council finds that the City's trees, shrubs, and plants are a vital part of the City's character, and help in buffer coastal winds, reduce soil erosion, and reduce greenhouse gases. In order to preserve the natural beauty of the City's urbanized forest, and to protect the City's unique and defining Torrey Pine and Monterey Cypress populations, and its many fruit and ornamental trees and bushes, the City finds it necessary to adopt requirements for the appropriate care of trees and other vegetation to ensure that there are no hazards to the public health, or to other trees or vegetation.

(Ord. No. 914)

A. City Arborist shall mean "Certified Arborist" as that term is defined by the International Society of Arboriculture that is retained by the City under contract to perform duties on behalf of the City. The Certified Arborist may also be a City staff person if appropriately certified.

B. Tree shall mean any perennial plant growing on public or private property, having a self-supporting woody main stem or trunk, typically growing to a considerable height with a definable crown.

The City Manager or his or her authorized designee shall serve as the Regulating Authority for the provisions of this Chapter.

A. Trees on Private Property. Any trees, shrubs and other plants growing on private property, when infested by any insect or infected by any disease threatening the life of same, or which by reason of such infestation or infection endangers the life or growth or healthful existence of other trees, shrubs or other plants within the City not so infested or infected, or any trees determined by the City Arborist to be a clear and present danger to persons or property, through structural weakness or any other reason may be declared, by the City Manager, to be a public nuisance, as that term is defined in Section 1.08.050 of the Municipal Code, and thereafter abated as provided for in this chapter. In addition to abatement as provided for herein, the City may impose the fines and liens set forth in Section 1.08.050.

B. Trees on Public Property. Any tree, shrub or other plants growing on City property, when infested by any insect or infected by any disease threatening the life of same, or which by reason of such infestation or infection endangers the life or growth or healthful existence of other trees, shrubs or other plants within the City not so infested or infected, or any trees determined by the City Arborist to be a clear and present danger to persons or property, through structural weakness or any other reason shall be removed or treated as recommended by the City Arborist and directed by the City Manager.

C. Nuisance Abatement. Following the City Manager's determination that a tree, shrub or plant is a public nuisance the following is required.

1. Notice to Owner. Immediately upon determination by the City Manager that any tree, shrub or other plant is a nuisance, s/he shall cause a copy of this chapter to be mailed to the owner together with a notice setting forth the details of the nuisance and the requirement of its abatement, advising the owner of the property that the nuisance shall be abated by the owner within 30 days if the City is not to proceed with the further steps set forth in this chapter. The notice will be:

a. Sent by certified mail to the property owner at the address shown on the latest tax assessment rolls available from the Office of the County assessor. Such address shall be conclusively deemed to be the proper address for the purpose of mailing such notice.

b. Mailed by regular mail to "Owner or Occupant" at the address of the subject property.

c. Posted in a conspicuous place on the real property involved.

2. The notice shall be headed, in letters of not less than one inch in height, with the wording "Notice to Abate Violation".

The Notice to Abate Violation shall contain:

a. The date the notice is mailed.

b. The address of the property involved.

c. A description of the violation.

d. An order to cure the violation.

e. A warning that if the violation is not cured within 30 days of the date of mailing of the notice, or such additional time as may be expressly authorized by the City Manager, the City shall abate the violation as a public nuisance and charge the owner for the costs incurred.

f. A warning that the costs incurred may become a lien on the property.

g. A notice that the owner, lessee, or occupant may contest the existence of the violation or deny the responsibility for its cure by filling a written response with the City Clerk within ten days of the date of the mailing of the notice.

h. A notice that the owner, lessee, or occupant may appear and present evidence when the City Council considers the response.

i. Information that a removal of a Protected Tree under DMMC Chapter 23.50, if directed by the City Manager will constitute an emergency removal under DMMC Subsection 23.50.050.C. and no tree removal permit will be required.

D. The City Manager shall file with the City Clerk a declaration that the Notice to Abate Violation has been served pursuant to this Chapter.

If a written response to the Notice to Abate Violation is received by the City Clerk within ten days of the mailing of the Notice to Abate Violation which sets forth the reasons for the response, the matter shall be set for consideration by the City Council at the next regular meeting. The City Clerk shall notify the person submitting the response of the date and time on which the City Council will consider the response.

A. Abatement of Nuisance—No Protest Received. If no protests or objections have been received, the City Manager shall order the abatement of the nuisance by having any and all trees, shrubs, or other plants infected otherwise deemed a nuisance as aforesaid treated or removed from the premises in question, and the City Manager, her/his deputies and assistants are expressly authorized to enter upon private property for such purpose except that, in any case where the nuisance exists in an area where there is a reasonable expectation of privacy, the City Manager shall first obtain an inspection warrant pursuant to California Code of Civil Procedure §§ 1822.50—1822.57 before proceeding with abatement activities. Any property owner shall have the right to have any such trees, shrubs, or other plants removed at the property owner's expense, providing the same is done prior to the arrival of the City Arborist or her/his assistants to remove the same.

B. Abatement of Nuisance—Protest Received. If a protest is received, the City Council shall hear and consider all objections, if any to the proposed abatement, and may continue the hearing from time to time. Upon conclusion of the hearing, the Council shall direct the City Manager to complete the abatement or shall uphold the protest and direct the City Manager to take no further action on the property.

A. Cost of Abatement. The City Manager or his or her designee shall keep an account of the cost of abating such nuisance upon each lot, piece, or parcel of land, and shall forthwith mail a full and correct copy of such statement to the property owner at the address shown on the latest tax assessment rolls available from the Office of the County assessor. Such address shall be conclusively deemed to be the proper address for the purpose of mailing such notice.. In the event that any such owner is unknown, the statement shall be posted on the bulletin board of City Hall for one week, giving notice when such statement will be submitted to the City Council for approval.

B. Opportunity to Satisfy Abatement Cost. The property owner will be given 30 days in which to pay to the City the full amount of the cost of abatement, and upon failure to pay within the 30-day period, the City will proceed to consider an assessment against the owner.

C. Upon removal of the violation, and expiration of the 30-day Opportunity to Satisfy Abatement Cost period, the City Manager shall prepare and submit to the City Council a report listing the proposed assessment to be levied against the property. The City Clerk shall set the proposed assessment for consideration by the City Council at the next regular meeting no sooner than ten days from the date of sending notice of the proposed assessment.

D. Notice of the proposed assessment shall be distributed in accordance with the procedures applicable to a Notice to Correct Violation and shall contain the date and time when the City Council shall consider the report of the City Manager and such information as the owner, lessee, or occupant wishes to present regarding the amount of the proposed assessment.

At the time set for considering the report of the City Manager, the City Council shall hear any objections from persons liable to be assessed. The City Council may affirm, modify or reject the proposed assessment. The affirmation of any assessment shall declare that the amount is a lien upon the subject property.

A. The assessment roll as confirmed by the City Council shall be delivered to the City Treasurer or Authorized Designee who may receive the amount due on the assessment and issue receipts at any time within ten days after the confirmation.

B. At the end of the ten-day period, any unpaid assessment shall be given to the Tax Collector of San Diego County.

C. The provisions of Government Code §§ 39580 and 39585, inclusive, are incorporated in this Chapter by reference. The County Auditor shall enter each assessment in the county tax roll opposite the parcel of land. The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes; and, if delinquent, the amount is subject to the same penalties and procedures of foreclosure and sale as is provided for ordinary municipal taxes.

(Ord. No. 914)

The owner, occupant or person in control of any lot or premises within the City who permits or allows the existence of a public nuisance as that term is defined in Section 1.08.050 of the Municipal Code and as defined in this Chapter, upon any lot or premises owned, occupied or controlled by him, or who violated any of the provisions of this Chapter, shall be subject to enforcement and penalties as prescribed within the Del Mar Municipal Code.