Duarte Municipal Code Ch. 13.04 Planting and Maintenance

The term "city administrator" as used in this chapter shall mean the city administrator of the city or his authorized representative.

(Ord. 114 § 1; July 22, 1963)

The planting and maintenance of all trees in or upon any street, park, parkway or public place in the city, and the pruning, trimming and removal of the same, shall be at all times subject to the supervision of the city administrator, subject to the authority and control of the city council. The city administrator may authorize the removal of pruning by the city, or by any other person as herein provided, of any tree or shrub in or upon any street, park, parkway or public place which interferes with the construction of any driveway, sidewalk, curb or other construction work, or the maintenance thereof, or any tree or shrub which is dead, or which creates a hazard to the public safety or which does not conform to the type or variety designated for the particular place in which the same is situated.

(Ord. 114 § 2; July 22, 1963)

The city administrator shall maintain a master list of trees approved by the city council upon the recommendation of the parks and recreation commission for planting in streets and parkways throughout the city and indicating rules and regulations governing the planting, location, spacing and maintenance of the various varieties of trees on the list. The city administrator shall designate the kind and variety of trees or shrubs to be planted upon any street, park, parkway or public place of the city and the location, spacing and planting procedure to be followed. No person shall plant or install any tree or shrub upon any portion of any street, park, parkway or other public place which does not conform to the type, variety, location and spacing designated by the city administrator for such portion of such street, park, parkway or public place; provided, however, that owners of property fronting upon any street for which a type or variety of tree or shrub has not been designated by the city administrator, or who are dissatisfied with that which has been designated, may petition to the city administrator to designate such type and variety or to change the designation, and if they are dissatisfied with the action of the city administrator, may appeal to the parks and recreation commission which shall have the power to designate or change the designation of the type or variety of tree or shrub for such street or portion thereof. Any action of the city administrator or of the parks and recreation commission may be set aside, changed or altered by the city council.

(Ord, 114 § 3; July 22, 1963)

No person shall cut, trim, plant, prune, remove, injure or interfere with any tree, shrub or plant upon any street, park, parkway or public place of the city without prior written permission and approval therefor from the city administrator. The city administrator is hereby authorized to grant such permission at this discretion, and may grant the same subject to the condition that any removed tree be replaced by a tree of the type designated for the street and meeting the specifications of the city administrator and/or such other conditions as may be appropriate in the circumstances. No such permission shall be valid for a longer period than thirty days after its date of issuance.

(Ord. 114 § 4; July 22, 1963)

Any person maintaining any overhead wires or any pipes or underground conduits along or across any street, park, parkway or public place of the city, or owning any property abutting upon any street, park, parkway or public place of the city, or proposing to erect, repair, alter or remove any building or structure, and desiring to have any street, shrub or plant cut, trimmed, pruned or removed may file with the city administrator a written request for a permit for such work to be done and it shall be within the discretion of the city administrator to require a written agreement upon the part of the petitioner to pay the costs thereof and to do such work in the way stipulated by the city administrator before the issuance of any permit hereunder.

(Ord. 114 § 5; July 22, 1963)

No person shall interfere with the city administrator or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, park, parkway or public place of the city, or in the removing of any substance or plant material from about the trunk or roots of any tree, shrub or plant in any such street, park, parkway or public place.

(Ord. 114 § 6; July 22, 1963)

No person shall cause, authorize or permit any brine, 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, parkway or public place of the city, or onto any sidewalk, road or pavement within the city at a point from which such substance may flow, drip or seep into such soil, injure such tree, shrub or plant, or to otherwise harm or kill any such tree, shrub or plant. No person, without the written approval of the city administrator shall place or maintain any stone, cement or other substance so that it shall substantially impede the free access of water or air to the roots of any tree, shrub or plant in any street, park, parkway or public place of the city.

(Ord. 114 § 7; July 22, 1963)

No person, without the written permission of the city administrator, shall place, apply, attach or keep attached to any tree, shrub or plant in any street, park, parkway or public place of the city, or to the guard or stake intended for the protection thereof, any wire, rope, sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever which shall be injurious to the tree, shrub or plant, or which shall be a public nuisance.

(Ord. 114 § 8; July 22, 1963)

During the erection, repair, alteration or removal of any building, house or structure in the city, no person in charge of such work shall leave any tree, shrub or plant in any street, park, parkway 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. 114 § 9; July 22, 1963)

No person owning or controlling property abutting upon any public street or public place in the city, upon which are located hedges, trees, shrubs or plants, shall permit said plantings to encroach upon the sidewalk, curb or street or the branches thereof to overhang the sidewalk, curb or street in such a manner as to impede or interfere with vehicular or pedestrian traffic, drainage flow, or maintenance thereof, or to create a hazardous condition, and he shall keep the plantings trimmed as the public convenience shall require.

If any such hedge, tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of the public on any such street or public place, or the maintenance thereof, the city may order the same or such part or parts thereof as are hazardous or impair or impede normal use, to be trimmed or removed so as to remedy such condition. If such tree, hedge, shrub or plant standing on any private property shall not be cut down or removed or trimmed to remove the condition within ten days after notice in writing of the order is given by the city to the owner, occupant or agent of the property upon which such described condition exists, the same shall be deemed a public nuisance and may be abated as such.

(Ord. 114 § 10; July 22, 1963)

If any person shall be dissatisfied with any determination of the city administrator made pursuant to the provisions of this chapter, he may appeal in writing to the parks and recreation commission within twenty days after mailing by the city administrator of written notice of such determination. The parks and recreation commission shall hold a public hearing within thirty days after its receipt of such written appeal, giving to the appellant at least ten days written notice of the date of such hearing, by first class mail. At such hearing, the appellant shall have the right to be heard and to present witnesses in his behalf. The parks and recreation commission shall make its determination and shall mail written notice thereof to the appellant within thirty days of the date of the hearing.

(Ord. 114 § 11; July 22, 1963)

If any person shall be dissatisfied with any determination of the parks and recreation commission made pursuant to the provisions of this chapter, he may appeal in writing to the city council within twenty days after mailing by the parks and recreation commission of written notice of such determination. The city council shall hold a public hearing within twenty-one days after its receipt of such written appeal, giving to the appellant at least ten days written notice of the date of such hearing, by first class mail. At such hearing, the appellant shall have the right to be heard and to present witnesses in his behalf. The city council shall make its determination and shall mail written notice thereof to the appellant within twenty-one days of the date of the hearing. The decision and determination of the city council shall be final.

(Ord. 114 § 12; July 22, 1963)

The provisions of this chapter are supplementary to, and not in lieu of, the provisions of Chapter 9. 32.

(Ord. 114 § 13; July 22, 1963)

Any person, firm or corporation violating any provision of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable as provided by Section 1.04.100 of this code.

(Ord. 114 § 14; July 22, 1963)