Delano Municipal Code Ch. 12.32 Trees and Other Plants

No persons owning or occupying any land or premises in the city shall plant or set out, or suffer, allow or permit to be planted or set out, any trees of any kind or nature whatsoever, within a distance of twenty-five feet from the line of any sewer in the city, except by the consent of the city council expressed by resolution of the city council duly passed and entered upon the minutes.

(Ord. 105 §1, 1930).

Any person violating any of the provisions of Section 12.32.010 is guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Chapter 1.16.

(Ord. 105 §2, 1930).

It is for the best interests of the city that a comprehensive plan for the planting and maintaining of trees in the public right-of-way in the city should be developed and established, and this chapter provides for such a plan, and for establishing regulations relating to the planting and maintaining of trees in the streets of the city.

(Ord. 539 §2 (part), 1969).

The parks and recreation commission has the duty of advising the city council on the administration of the chapter.

(Ord. 539 §2 (part), 1969).

The commission shall determine an official street tree planting list and submit it to the city council for approval. Thereafter, from time to time the commission may recommend amendments to the list.

(Ord. 539 §2 (part), 1969).

The commission, with the assistance of the planning commission, shall from time to time prepare plans, for council approval, which shall designate, by means of a complete map of the city streets, a uniform method of street tree planting, the zoning of certain streets for certain specimens of trees, selecting suitable types for residential areas and special types of trees for commercial areas.

(Ord. 539 §2 (part), 1969).

When the uniform plan in its original or modified form is adopted by the council, it shall become the tree planting plan for the streets of the city. Copies of such plans shall be made and kept on file in the office of the city clerk, where they may be obtained by the public.

(Ord. 539 §2 (part), 1969).

The commission shall have full authority to recommend the removal and replacement of trees which do not conform with the approved pattern.

(Ord. 539 §2 (part), 1969).

It is unlawful for the owner, lessee, agent, tenant, or any other person having charge of any lot, piece or parcel of land within the city, to plant or permit to be planted within the public right-of-way adjacent to his respective property any trees prohibited as determined by council resolution.

(Ord. 539 §2 (part), 1969).

Any changes in the street, including alterations in street widths on rezoning of areas, shall include allowances for planting areas.

(Ord. 539 §2 (part), 1969).

The director shall have the right to have trimmed or pruned any trees, plants or shrubs planted on private property which are encroaching upon the public right-of-way or which may constitute a hazard on that right-of-way.

(Ord. 539 §2 (part), 1969).

The director shall have the right to plant, trim, and prune all trees, shrubs or plants and to remove objectionable trees, shrubs or plants in and upon any street, park, pleasure ground, boulevard, alley or public place of the city, subject to the supervision of the city manager.

(Ord. 539 §2 (part), 1969).

The owners of property fronting on any street, alley or public place may petition the parks and recreation commission that such trees, shrubs, or plants shall be a certain kind of variety, and the decision of the commission shall be merely advisory to the action of the council, which makes the final decision.

(Ord. 539 §2 (part), 1969).

The director may inspect any tree, shrub, or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city or any tree, shrub or plant standing on any private property to determine whether the same or any portion thereof is in such condition as to constitute a hazard or an impediment to the progress of vision of anyone traveling on any street, park, pleasure ground, boulevard, alley or public place. If in the opinion of the director any such tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of the public on any such street, park, pleasure ground, boulevard, alley or public place he may cause the same or such part or parts thereof as are hazardous or impediment to be trimmed or removed so as to remedy such condition. However, no such tree, shrub or plant standing on any private property shall be cut down or removed unless ten days' notice in writing of this intention is given by the director to the owner, occupant or agent of the property upon which described condition exists.

A. If the owner of trees on private property does not comply with the provisions of this chapter within twenty days of notification, the city may proceed to have tree maintenance or removal performed to insure compliance with this chapter. Expense shall be charged and paid for by such owner or occupant, together with an administrative cost equal to ten percent of the total cost of maintenance performed.

B. If, after thirty days from the mailing of the notice referred to, the person for whom the maintenance was performed refuses or neglects to pay into the treasury of the city the cost of the work, then the city finance director shall file and record the same as an assessment against the property, lot, land, or parcel thereof. The lien shall become delinquent upon the date of recording and an additional charge of twenty-five percent added to the total cost including contract and administrative cost. From and after recording of cost of the work, all persons interested in the property shall be deemed to have had notice of the contents of the record; provided, however, that failure of the finance director to record such lien claim or to mail such notice, or the failure of the person or corporation who is the owner or occupant of the premises to receive such a notice shall not affect the right to foreclose the lien for such charges as provided in subsection C of this section.

C. Property subject to a lien for the foregoing shall be sold for nonpayment of the same and the proceeds of such sale shall be applied to pay the charges after deducting costs as is the case in the foreclosure of statutory liens. Such foreclosures shall be in equity in the name of the city.

D. The city attorney is authorized and directed to institute such proceedings in the name of the city in any court having jurisdiction over such matter against any property for which such bill has remained unpaid sixty days after it has been rendered.

(Ord. 845 §1, 1986; Ord. 539 §2 (part), 1969).

Any person desiring to have any tree, shrub, or plant cut, trimmed, pruned or removed may file with the director a written request that such work be done and such request shall describe the work desired to be done and it shall be within the discretion of the director to require a written agreement upon the part of the petitioner to pay the cost thereof and to do such work in the way stipulated by the director before the issuance of any permit hereunder.

(Ord. 539 §2 (part), 1969).

Existing plantings or persons desiring to plant or place shrubs, vines or fences above thirty inches, or eighteen inches thirty feet from apex, or any other object which encroaches upon the dedicated city right-of-way between the curb and property line shall obtain a permit from the director of parks and recreation. Permits may be granted if such encroachment does not, or will not in the future become a hazard to public health, welfare and safety or create a maintenance problem.

(Ord. 539 §2 (part), 1969).

It is unlawful for the owner, occupant or agent to place within the public right-of-way bituminous, concrete, cement or similar materials other than approved sidewalk, without a permit from the director of parks and recreation, filling in of parking strip within residential areas is unlawful, without a permit.

(Ord. 539 §2 (part), 1969).

No person shall cause, authorize or permit any brine water, oil, liquid, dye or other substance deleterious to tree life, to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub, or plant in any street, park, pleasure ground, boulevard, alley or public place of the city or onto any sidewalk, road, or pavement within the city at a point from which such substance may be lying upon or by flowing, dripping or seeping into such soil injure such tree, shrub, or plant or otherwise harm or kill any such tree, shrub or plant. No person, firm or corporation, without the approval of the director, shall place or maintain any stone, cement, or other substances so that it impedes the free access of water or air to the roots of any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city.

(Ord. 539 §2 (part), 1969).

No person shall place, apply, attach or keep attached to any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or other public place of the city or to the guard or stake intended for the protection, any wire, rope, sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever.

(Ord. 539 §2 (part), 1969).

During the erection, repair, alteration or removal of any building, house or structure in the city, no person, firm or corporation in charge of such work shall leave any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to the tree, shrub, or plant arising out of or by reason of the erection, repair, alteration or removal.

(Ord. 539 §2 (part), 1969).

When the erection, repair, alteration or removal of any building, house or structure necessitates the trimming, pruning or removal of any tree, shrub or plant on any street, park, pleasure ground, alley or other public place of the city except any trimming, pruning, or removal required by the construction of a residential driveway, it shall be within the discretion of the director to refuse permission to do such work. Application for permit to trim, prune or remove any tree or plant on any of the abovementioned places for the abovementioned reasons shall be filed with the director, at least three days prior to the time of doing such work. The director may stipulate the conditions upon which any trimming, pruning or removal whereby said applicant shall agree to pay all costs incurred for any inspection, labor, equipment, replacement or service deemed necessary by the director.

(Ord. 539 §2 (part), 1969).

No person, firm or corporation shall move any building, house, or portion thereof without notifying the director at least three days in advance of such moving. The notice shall designate the route to be followed and all other details pertinent to such work. The director shall have the authority to change such route and designate one which in his opinion will cause less damage to trees, shrubs or plants owned by the city along and adjacent to the route. If necessary to protect such trees, shrubs or plants, the director may require that the house, building or portions thereof be cut into segments small enough to fit the available width between such trees, shrubs, or plants along the designated route. As a condition to approving any route for the moving of any building, house or portion thereof the director may require the person, firm, or corporation to pay all costs incurred for any labor, equipment or material used to protect or preserve such trees, shrubs or plants either before or after such moving. If it is necessary to remove such trees, the individual, firm or corporation doing such work shall pay all costs of replacement.

(Ord. 539 §2 (part), 1969).

Owners of private property shall be responsible for watering trees in parkways or other public property immediately adjacent to the private property. The city shall not be responsible for watering any such trees.

(Ord. 539 §2 (part), 1969).

Whenever a property owner desires to have a tree removed from a planting strip or planting easement, he shall file a written request therefor with the director. If the tree is found to be in good condition and the request is granted solely for the convenience of the applicant, then the full cost of such removal and replanting as necessary, shall be assumed by the applicant, the amount as determined by the director of parks and recreation shall be paid to the city treasurer before such removal shall take place.

(Ord. 539 §2 (part), 1969).

Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the city.

(Ord. 539 §2 (part), 1969).