Duarte Municipal Code Ch. 13.08 Street Trees

Any owner, lessee or agent constructing or arranging for the construction of a building or dwelling upon a public street, other than additions, garages or accessory buildings having less than fifty percent of the square footage of existing construction, upon a parcel of real property having at least fifty feet of frontage where no tree exists, shall also install or cause to be installed along such frontage, street trees in accordance with this chapter; provided, however, that this chapter shall not apply to any lots or parcels which have frontage upon Huntington Drive.

(Ord. 143 § 1; January 25, 1965)

Such trees as required by Section 13.08.010 shall be installed at the rate of one tree to a lot with street frontage up to eighty feet. Over that frontage, two trees shall be used. Installation shall be subject to and in accordance with the provisions of Chapter 13.04.

(Ord. 143 § 2; January 25, 1965)

This chapter shall not apply to subdivisions, which shall be governed by the provisions of Title 18, and other ordinances governing subdivisions in the city of Duarte, as in effect from time to time.

(Ord. 143 § 3; January 25, 1965)

The building inspector shall deny final inspection to any building or dwelling until street trees, as required herein, are installed or their installation is guaranteed to the satisfaction of the city administrator.

(Ord. 143 § 4; January 25, 1965)

The city administrator is hereby empowered to grant variances from the provisions of this chapter as may be necessary because of the location of the property, the terrain or condition of the property, street conditions or other similar reasons.

(Ord. 143 § 5; January 25, 1965)

Any decision of the city administrator pursuant to this chapter may be appealed directly to the city council, in writing, stating the grounds for the appeal. 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 at the conclusion of the hearing, unless an extension of the time shall be agreed to by the appellant. The decision and the determination of the city council shall be final.

(Ord. 143 § 6; January 25, 1965)

The city administrator shall promulgate standard planting specifications and requirements for street trees in accordance with generally accepted practices, for the guidance of persons required to plant trees pursuant to this chapter.

(Ord. 143 § 7; January 25, 1965)

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 in Section 1.04.100 of this code.

(Ord. 143 § 8; January 25, 1965)