Fillmore Municipal Code Ch. 11.04 Trees

The city council finds that a comprehensive plan for the planting and maintenance of trees on or near streets within the city is required for the public safety, for the protection of property, and for the general welfare of the residents of the city. This chapter is adopted for the purposes of creating such a plan and regulating the planting, care, maintenance, removal and replacement of such trees.

(Ord. 367 § 1, 1968)

Wherever in this chapter the words and phrases defined in this section are used, they have the meanings given them in the following definitions:

(1) "Commission" means the parks and recreation commission of the city;

(2) "Intrude" means to overhang or to extend under;

(3) "Owner" means the legal owner of land, and is not synonymous with "occupant" or "lessee";

(4) "Streets" mean all publicly owned highways, roads, streets, avenues, boulevards, alleys, parkways, sidewalks designed for and open for use by, and commonly used by members of the public, and public rights of way or any portion thereof, in the city;

(5) "Superintendent" means the superintendent of public works of the city and his authorized representatives. Whenever no one occupies the office of superintendent, "superintendent" means the city manager of the city.

(Ord. 367 § 2, 1968)

As used in this chapter the masculine, feminine or neuter gender, and the singular or plural number, shall each be deemed to include the others when the context requires.

(Ord. 367 § 3, 1968)

The superintendent shall enforce this chapter.

(Ord. 367 § 4, 1968)

The superintendent shall make a preliminary determination of what species and varieties of trees are suitable for planting in streets, or in locations where trees fully matured would intrude into streets, and what trees are not suitable for such planting. The superintendent is authorized to consult with arborists and horticulturists, and to perform any research or investigation he deems appropriate to enable him to make his determination. He shall report his findings, which shall include lists of suitable and unsuitable trees, and may in his discretion include tables or other specifications of distances from the margin of specified improvements within which the planting of certain trees is proposed to be restricted, to the city manager and to the commission. The commission shall hold one or more hearings to consider the report, shall approve or disapprove in whole or in part, or amend, the lists contained therein. All such action by the commission shall be by resolution. Upon approval, with or without modification, the lists contained in the Superintendent's report, and specification of distances if any, shall become the master tree list.

The master tree list shall be filed in the office of the city clerk. Changes may be made from time to time in the master tree list, initiated either by the superintendent, in the manner provided in this chapter for establishment of the original list, or by any member of the commission and acted upon in the same manner as a change initiated by the superintendent.

(Ord. 367 § 5, 1968)

In determining the suitability of any variety of tree to be included in the master tree list, the commission shall consider factors such as size above and below ground, longevity, rate of growth, style of growth above and below ground, shade producing characteristics, beauty, susceptibility to disease and pests, likelihood of breakage, wind resistance, production of litter, scent and pollen, characteristics as host for disease and pests, ease of maintenance, and probability of survival and healthy growth in the soil and climate of Fillmore.

(Ord. 367 § 6, 1968)

Without first obtaining a permit to do so from the superintendent, no person other than the superintendent shall plant any tree in a street, or in a location prohibited for that variety of tree by the master tree list. In no event shall any person plant a pot-bound tree in a street.

(Ord. 367 § 67, 1968)

Without first obtaining a permit to do so from the superintendent, no person other than the superintendent shall cut, trim, prune, spray, brace, move, remove, or replace any tree in a street, or cause any of these things to be done by another. The superintendent may require as a condition of granting a permit to remove a tree from a street that the applicant replace the tree with a tree of a variety specified by the superintendent. Such specification shall be consistent with the policies of the commission expressed by resolution.

(Ord. 367 § 8, 1968)

The superintendent shall provide one or more standard forms for application for a permit to plant trees otherwise prohibited under Section 11.04.070, and for application for a permit to perform the acts described in Section 11.04.080. Any such form shall specify the applicant's address, action intended, exact location of each action, variety of tree involved, proposed date of action, and locations of any street improvements and underground utilities within fifteen feet of each proposed removal or planting. Within ten days of receiving an application for a permit, completed and in a proper form, the superintendent shall grant, conditionally grant, or deny the permit. Failure to act within ten days shall be deemed a denial, but no time within which an appeal must be noticed as provided in Section 11.04.150 shall begin to run until the superintendent has mailed to the applicant, at the address shown on the application a notice of the denial and a statement of the time limit and procedure for appeal.

(Ord. 367 § 9, 1968)

In deciding whether to grant an application, the superintendent shall consider the factors stated in Section 11.04.060, the locations of utility structures with which the tree might interfere, and in addition if the tree in question is proposed to be planted in a street shall also take into consideration the varieties and spacing of other trees in the vicinity and the effect of the proposed tree on the beauty of and view from the neighborhood. The commission is authorized by resolution to provide that tree plantings in a specific street or portion thereof shall be of a single variety of tree, and in such event, applications to plant trees of other varieties in such street or portion thereof shall be denied.

(Ord. 367 § 10, 1968)

(a) The owner of private property on which there is any tree which overhangs a street shall prune the tree to provide a minimum of seven feet, six inches of vertical clearance over any sidewalk portion of a street and ten feet of vertical clearance over any portion of a street designed for travel by or parking of motor vehicles.

(b) The owner of private property shall remove any dead, injured, insecurely rooted or diseased portion of any tree on his property, which either overhangs a street or is reasonably likely to fall onto a street.

(Ord. 367 § 11, 1968)

(a) Trees described in Section 11.04.110 (b) and section (c) of this section are public nuisances.

(b) The superintendent may inform the owner of property in writing that a tree on the property is in a condition described in Section 11.04.110(b), describing the tree and specifying the condition, and that the owner is required to correct the condition within a period of fifteen days, that the owner has the right to stay further action by appeal, and that the condition will be corrected by the city, at the owner's expense, if he does neither during the time specified. If the owner does not correct or remove such nuisance, or file a notice of appeal, within fifteen days after receipt of such written notice from the superintendent, the superintendent may cause the nuisance to be abated, and may enter upon private property to do so.

(c) When any tree or part thereof on private property is in such condition as to be an immediate hazard to users of streets or to vehicles or other property on streets, the superintendent may forthwith remove the tree or take such other action as may be necessary to alleviate the hazard, and may enter upon private property to do so. Such action by the superintendent is abatement of a nuisance.

(d) No provision of this chapter shall impose any liability upon the city, its officers, or employees, nor relieve the owner or occupant of private property from any duty to keep any tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance, nor relieve the owner or occupant of private property from any duty to use care in the selection of trees for planting on private property.

(Ord. 367 § 12, 1968)

The cost of abatement of a nuisance by the superintendent under the provisions of Section 11.04.120 shall be paid by the property owner, and shall be determined and assessed as follows:

(1) The commission shall hold a public hearing commencing within forty-five days of the abatement at which the superintendent shall present proof of the facts justifying his action under Section 11.04.120, including the giving of notice, if required, and proof of the actual cost to the city of the abatement. If labor by city employees or use of city equipment is involved, the ordinary administrative and supervisory cost of providing such labor or equipment shall be included, as well as the direct cost. The owner may present any proof tending to show that the cost ought not to be paid by him, or ought to be paid in an amount less than that asserted by the superintendent. The owner may appear personally, or may present a written statement;

(2) Notice of hearing shall be mailed at least ten days before the hearing by certified mail, with a five-day return requested, to the owner of the land as shown on the last equalized city assessment roll, or to any public agency other than the city which is the owner of the land. If the notice is returned undelivered by the United States Post Office, the hearing shall be continued to a date not less than ten days from the date of such return;

(3) The commission shall receive such documentary, real, and oral proof it deems pertinent, and shall not be limited by the technical rules of evidence. The commission may continue the hearing from time to time as may be necessary for a complete determination of the matter, but its decision shall be rendered within thirty days of the commencement of the hearing. The decision of the commission need not be in the form of a formal written order, but the clerk of the commission shall record the decision, which shall include a finding of whether the action taken by the superintendent was an abatement of a nuisance within the meaning of Section 11.04.120, and if so the cost thereof;

(4) Within five days after the commission's decision the clerk of the commission shall mail written notice of the decision to the owner in the manner provided for mailing notice of the hearing;

(5) If the costs charged in the order are not paid within thirty days after the mailing of notice of the commission's decision, such costs shall be assessed against the parcel of land pursuant to Section 38773.5 of the Government Code and notice of the amount of the assessment shall be transmitted to the tax collector for collection. The assessment shall have the same priority as other city taxes.

(Ord. 367 § 13, 1968)

The superintendent may obtain and provide trees for planting in streets. If such trees are provided to applicants under Section 11.04.080, the superintendent shall charge the applicant a price equal to the cost of providing the tree.

(Ord. 367 § 14, 1968)

An owner may appeal to the city council from any determination made by the commission or any denial or condition of grant of a permit by the superintendent. The time within which notice of appeal may be filed is fifteen days after receipt of written notice of the determination or act to be appealed. For the purpose of appeal the owner is presumed to have received notice forty-eight hours after it is mailed in compliance with the provisions of this chapter.

(1) An appeal is perfected by filing with the city clerk a notice in writing specifying the determination or act which the appellant complains of and specifying wherein the determination or act is claimed to be improper;

(2) Premature filing shall not vitiate an appeal, but the time limit for filing shall otherwise be jurisdictional;

(3) The city council shall hear only those aspects of the matter specified in the notice of appeal, but within such limitation may hear any pertinent proof, and on proper appeal from a determination of fact may hear the matter de novo under the same rules of proof provided for original hearings;

(4) The time for appeal from the application of a specification contained in the master tree list or a varietal determination by the commission shall commence to run upon notice to an owner of a determination or act pursuant to the provisions of the master tree list.

(Ord. 367 § 15, 1968)