Guadalupe Municipal Code Ch. 12.12 Street Trees

The ordinance codified in this chapter shall hereafter be referred to as the "Street Tree Ordinance" of the City.

(Ord. 63 §1, 1959; Ord. 2023-512, 10/24/2023)

The Director of Public Works, or duly authorized designee, shall be charged with the enforcement of this chapter. The Director of Public Works, or designee may request assistance for enforcement from code compliance.

(Ord. 63 §2, 1959; Ord. 2023-512, 10/24/2023)

No trees or shrubs shall hereafter be planted in or removed from any public parking strip or other public place in the City without permission from the Director of Public Works or duly authorized designee. For purposes of this chapter, "parking strip" shall refer to any portion of a City easement over privately owned property adjacent to a City street.

(Ord. 63 §3, 1959; Ord. 2023-512, 10/24/2023)

All trees and shrubs hereafter planted in any public parking strip or other public place in the City shall conform as to species and location with the recommendation of the Director of Public Works or duly authorized designee or to the street tree plan of the City, which are hereby made a part of the ordinance codified in this chapter.

(Ord. 63 §4, 1959; Ord. 2023-512, 10/24/2023)

The Director of Public Works or duly authorized designee, may cause to be trimmed, pruned or removed any trees, shrubs, plants or vegetation in any parking strip or other public place, or may require any property owner to trim, prune or remove any trees, shrubs, plants or vegetation in a parking strip abutting upon the owner's property at the sole cost of the owner, and failure to comply therewith after 15 days' notice from Director of Public Works or duly authorized designee, or from code compliance, shall be deemed a violation of this chapter.

(Ord. 63 §5, 1959; Ord. 2023-512, 10/24/2023)

Any tree or shrub growing in a parking strip or any public place, or on private property, which is endangering or which in any way may endanger the security or usefulness of any public street, sewer, sidewalk, or the full and safe operation of public utility wires, is hereby declared to be a public nuisance, and the City may remove or trim such tree, or may permit any public utility to do so, or may require the property owner to remove or trim any such tree on private property or on a parking strip abutting upon such owner's property at the sole expense of the property owner. Failure of the property owner or his or her duly authorized agent to comply therewith, within 30 days after notice from Director of Public Works or duly authorized designee, or from code compliance, shall be deemed a violation of this chapter, and subject to the penalties set forth in Section 12.12.100.

(Ord. 63 §6, 1959; Ord. 2023-512, 10/24/2023)

Appeals from directions and orders made under this chapter may be made by filing written notice thereof with the City Clerk within 10 days after such direction and order is received, stating in substance that appeal is being made from such direction and order to the City Council. The City Clerk shall thereupon call such appeal to the attention of the City Council at the next regular succeeding meeting, or otherwise as soon as possible but no later than within 45 days, at which meeting the appellant and the from Director of Public Works or duly authorized designee, or from Code Compliance may present evidence. Action taken by the City Council after such hearing shall be conclusive, and in the event the City Council shall uphold the decision of the from Director of Public Works or duly authorized designee, or from code compliance, the property owner or his or her duly authorized agent shall have 10 days thereafter to comply with such notice.

(Ord. 63 §6, 1959; Ord. 2023-512, 10/24/2023)

Nothing contained in this chapter shall be construed as limiting the right of any public utility to remove or trim trees which, in its opinion, endanger the safe operation of its wires, poles and appurtenances.

(Ord. 63 §6, 1959; Ord. 2023-512, 10/24/2023)

It is a violation of this chapter to abuse, destroy or mutilate any tree, shrub or plant in a public parking strip or any other public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill or other thing to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous, liquid or solid substance which is harmful to such trees to come in contact with their roots or leaves.

(Ord. 63 §7, 1959; Ord. 2023-512, 10/24/2023)

Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of a misdemeanor or an infraction, depending on the discretion of the City Attorney when filing the criminal complaint, and upon conviction thereof shall be punished by a fine in accordance with the general penalty provision then effect in the City, pursuant to Chapter 1.08 of this code, as amended. In addition to or in lieu of criminal prosecution, from Director of Public Works or duly authorized designee, or from code compliance may pursue the administrative remedies set forth in Chapter 1.10 and 1.11 of this code.

(Ord. 63 §8, 1959; Ord. 86-271 §33; Ord. 2023-512, 10/24/2023)