El Dorado County Municipal Code Ch. 12.12 Roadside Trees

This chapter shall be known and may be referred to in all proceedings as the County Roadside Tree Ordinance.

(Prior Code, § 11,301; Code 1997, § 12.12.010)

It is for the best interests of the County and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in public highways within subdivided lands and land zoned for residential and commercial use within the County should be developed and established; and the ordinance from which this chapter is derived is adopted, therefore, for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees.

(Prior Code, § 11,302; Code 1997, § 12.12.020)

The following words and phrases, when used in this chapter, shall be construed to have the following meaning, unless the context or subject matter otherwise requires:

Director of Transportation means the Director of the Department of Transportation.

Owner includes the legal owner of real property fronting on any highway of the County and any lessee of the owner.

Public highways or highways includes all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way, or any portion thereof, of the County.

(Prior Code, §§ 11,303, 11,304; Code 1997, § 12.12.030; Ord. No. 3766, § 40, 1987; Ord. No. 5051, § 2, 4-18-2017)

The Director of Transportation, or his or her duly authorized representative, shall be charged with the enforcement of this chapter.

(Prior Code, § 11,305; Code 1997, § 12.12.040; Ord. No. 3766, § 41, 1987; Ord. No. 5051, § 2, 4-18-2017)

A. The Agricultural Commissioner is charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which, and conditions under which, the trees shall be planted in the public highways within subdivided lands and land zoned as one-family residential districts, multifamily residential districts and commercial districts within the County. The determination shall be made by the Agricultural Commissioner who may consult with those familiar with the subject of the plantings, such as landscape architects, arborists, nurserymen and park executives. When the determination has been made, the Agricultural Commissioner shall report his or her findings in writing to the County Board of Supervisors. When approved by the Board of Supervisors, the report shall be known as the master tree list, shall be placed on file in the office of the County Clerk, and shall thereafter be the official determination of the Commissioner. Revisions or changes in the master tree list may be made from time to time by the Agricultural Commissioner, in the manner described in this section for the development, approval and filing of the original master tree list.

B. All trees hereafter planted in the public highways within subdivided lands and land zoned as one-family residential districts, multifamily residential districts and commercial districts within the County must be on the master tree list, unless a written permit from the Agricultural Commissioner is first obtained to plant a tree not on the list. The permit may be granted by the Commissioner only upon his or her obtaining approval therefor from the Board of Supervisors.

(Prior Code, § 11,306; Code 1997, § 12.12.050)

The Agricultural Commissioner shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public highways within subdivided lands and land zoned as one-family residential districts, multifamily residential districts and commercial districts within the County, and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof.

(Prior Code, § 11,307; Code 1997, § 12.12.060)

Some types of trees, upon maturing, instead of becoming assets to the community, become liabilities due to structural weaknesses, disease or insect susceptibility, short life, destructive root systems and rank growing branches requiring excessive maintenance. Due to one or more of these characteristics, it is unlawful to plant the following trees in any public highway within subdivided lands and land zoned as one-family residential districts, multifamily residential districts and commercial districts within the County:

A. Acacia;

B. Black walnut;

C. Eucalyptus;

D. Elm;

E. Palm;

F. Poplar;

G. Tree of heaven.

(Prior Code, § 11,308; Code 1997, § 12.12.070)

It is unlawful and it is prohibited for any person other than the Director of Transportation to cut, trim, prune, spray, brace, plant, move, remove or replace any tree in any public highway within subdivided lands and land zoned as one-family residential districts, multifamily residential districts and commercial districts within the County or to cause the same to be done unless and until a written permit so to do is first obtained from the Director of Transportation. Any such permit may be declared void by the Director if its terms are violated.

(Prior Code, § 11,309; Code 1997, § 12.12.080; Ord. No. 3766, § 42, 1987; Ord. No. 5051, § 2, 4-18-2017)

Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State may obtain a permit from the Director, valid for one year from the date of issuance, permitting the person to trim, brace, remove or perform such other acts with respect to trees growing upon the public highways within subdivided lands and land zoned as one-family residential districts, multifamily residential districts and commercial districts within the County, or which grow upon private property to the extent that they encroach upon the public highways, as may be necessary to comply with the safety regulations of the Commission and as may be necessary to maintain the safe operation of its business.

(Prior Code, § 11,310; Code 1997, § 12.12.090)

No person other than an owner or public utility may do any act for which a permit is required under Section 12.12.080 except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the Director of Transportation, is qualified for the business, and who has obtained a permit to carry on the business in the County from the Director of Transportation. Permits issued pursuant to this section may be granted for a period of one year from the date of issuance.

(Prior Code, § 11,311; Code 1997, § 12.12.100; Ord. No. 3766, § 43, 1987; Ord. No. 5051, § 2, 4-18-2017)

It is unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where the fire or the heat thereof will injure any portion of any tree in any public highway within subdivided lands and land zoned as one-family residential districts, multifamily residential districts and commercial districts within the County, nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for protection thereof any wire, rope (other than one used to support a young or broken tree), sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever without having first obtained a written permit from the Director of Transportation so to do.

(Prior Code, § 11,312; Code 1997, § 12.12.110; Ord. No. 3766, § 44, 1987; Ord. No. 5051, § 2, 4-18-2017)

The Director of Transportation may inspect any tree upon or which overhangs any public highway within subdivided lands and land zoned as one-family residential districts, multifamily residential districts and commercial districts within the County to determine whether it or any portion of it is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on the public highway. Any tree or part thereof growing upon private property by overhanging or interfering with the use of any highway that, in the opinion of the Director of Transportation, endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of the private property does not correct or remove the nuisance within ten days after receipt of written notice thereof from the Director of Transportation, the Director shall cause the nuisance to be corrected or removed and the cost shall be assessed to the owner.

(Prior Code, § 11,313; Code 1997, § 12.12.120; Ord. No. 3766, § 45, 1987; Ord. No. 5051, § 2, 4-18-2017)

Any person aggrieved by an act or determination of the Director of Transportation in the exercise of the authority granted in this chapter shall have the right of appeal to the Board of Supervisors of the County, whose decision, after public hearing of the matter, shall be final and conclusive.

(Prior Code, § 11,314; Code 1997, § 12.12.130; Ord. No. 3766, § 46, 1987; Ord. No. 5051, § 2, 4-18-2017)

Any person violating any of the provisions of this chapter or failing to comply with them shall, upon conviction thereof, be punished according to the general penalties described in Chapter 1.24.

(Prior Code, § 11,315; Code 1997, § 12.12.140)