Gustine Municipal Code Ch. 4 Trees

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved trees means trees planted and growing in accordance with the street tree plan, both as to variety and location.

Nonconforming trees means all street trees other than approved trees.

Permit means a written or printed authorization issued by the city manager.

Street tree areas means the areas where street trees are planted or growing within public rights-of-way, public easements, streets, parking strips, alleys, roads, and ways within the city, except that on existing streets where no room has been planned or provided for street trees on city rights-of-way or easements, the council shall create tree planting easements of from four feet to eight feet in width. Such created easements shall not apply where protested in writing by adjoining property owners. Under such protest, the city shall neither plant nor maintain any tree, and the provisions of section 8-4-9 shall apply.

Street trees means all trees planted or growing within public rights-of-way, public easements, streets, parking strips, alleys, roads, and ways within the city.

(Code 1966, § 10-1.02)

(a) It shall be the duty of the city manager to administer, control, and regulate the street tree program of the city in accordance with the provisions of the landscaping master plan and of this chapter.

(b) The city manager shall have the authority to prune, trim, clip, spray, maintain, and care for the street trees, as needed, to remove diseased or dead trees, and to plant and/or encourage the planting of approved trees throughout the city.

(Code 1966, § 10-1.04)

(a) It shall be the duty of the planning commission to prepare and adopt a landscaping master plan for the city, specifying a list of approved street trees and a uniform method of street tree planning, and designating certain streets or blocks for certain species of trees.

(b) Such plan shall be submitted to the council, and after the adoption of the plan by the council, as submitted or modified, in accordance with law it shall become the landscaping master plan of the city.

(Code 1966, § 10-1.03)

(a) No person shall plant, remove, or trim any street tree without first obtaining a permit from the city manager.

(b) The city manager shall issue to any person doing business as a public utility subject to the jurisdiction of the state public utilities commission and holding a valid franchise a permit which shall authorize the trimming of the trees necessary for the safety and proper maintenance of the utilities' services pursuant to the orders, rules, and regulations of the state public utilities commission. Such permits, unless renewed, shall expire at the end of one year after the date of issuance and may be revoked for good cause.

(c) Permits required by subsection (a) of this section shall be issued only for work to be done in compliance with the landscaping master plan and the provisions of this chapter and shall be issued without a fee. All work done pursuant to a permit shall be done under the supervision of the city manager. Whenever any street tree, whether approved or nonconforming, is removed or needs replacing, it shall be replaced with a tree planned for that specific street tree location. With or before the filing of any final map of any new subdivision, the subdivider shall either file with the planning commission a proposed plan of street tree planting, showing the location and variety of trees proposed to be planted in the subdivision, or shall request the planning commission to designate the type and location of street trees for such subdivision and file the plan with the council before the approval of the final subdivision map.

(d) Subdividers are hereby required to deposit a sum equal to an amount established by resolution per front foot to be used by the city for planting street trees within their subdivisions. Prior to the approval of the final subdivision map, the deposit shall have been either paid or guaranteed by the subdivider's bond. After planting, the subdivider or property owners in the subdivision shall water such trees at their own expense.

(e) When the erection, repair, alteration, or removal of any building, house, or structure necessitates the trimming, pruning, or removal of any street tree, such trimming, pruning, or removal shall be done only after a written permit has been issued by the city manager and shall be done at the expense of the applicant. As a condition to granting a permit for the removal of a tree, the city manager shall collect a deposit from the applicant sufficient to defray the cost of replacing such removed tree with an approved tree in conformance with the landscaping master plan.

(Code 1966, §§ 10-1.05—10-1.07)

No street tree shall be planted except in accordance with the landscaping master plan and the provisions of this chapter. No new street tree shall be planted where an existing street tree or private tree is within 20 feet of a new street.

(Code 1966, § 10-1.08)

No person shall abuse, destroy, or mutilate any street tree, nor attach or place any rope or wire (other than a rope or wire customarily used to support a young or broken tree), sign, poster, handbill, paint, or any other substance, structure, thing, or device of any kind or nature whatsoever to or on any street tree, nor allow any gaseous liquid or solid substance which is harmful to such tree to come in contact with it.

(Code 1966, § 10-1.09)

No person shall place or maintain any stone, cement, or other substance so that it shall impede the free access of water or air to the roots of any street tree. Not less than 12 square feet of open ground shall be left unpaved and maintained in a porous condition around every street tree.

(Code 1966, § 10-1.10)

No person shall in any way interfere with the city manager or other city employees or city contractors while they are lawfully engaged in planting, mulching, pruning, trimming, spraying, treating, or removing any street tree, or in removing any stone, cement, or other substance from about the trunk of any street tree.

(Code 1966, § 10-1.11)

(a) No person shall allow or maintain any tree on private property to become a hazard to pedestrian or vehicular traffic by obstructing vision or impairing necessary clearance, or in any manner endangering the security or usefulness of any public street, sewer, sidewalk, or other public property.

(b) Any such private tree allowed or maintained contrary to the provisions of this section is hereby declared to be a public nuisance. Upon a determination by the city manager that such private tree constitutes a nuisance, he shall give written notice to the owner of the property upon which such nuisance exists to trim, remove, or otherwise control such tree in such a manner as will abate such nuisance. The failure to comply with such written notice within ten days thereafter shall be deemed a violation of this section. Such written notice may be given by a personal service of a copy thereof or by placing a copy of such notice in the United States mail, postage prepaid, addressed to the owner of the property as shown on the last assessment roll of the city. Upon the failure of the owner to comply with such notice, the city manager may cause the work to be done, and the cost shall be charged to the property owner.

(Code 1966, § 10-1.12)

Nothing contained in this chapter shall be deemed to impose any liability upon the city or its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or plant upon any street tree area adjoining his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley, or public place within the city.

(Code 1966, § 10-1.13)

Where any work is done or materials are purchased by the city in performing any of the acts required by the provisions of this chapter, after the failure of the owner or occupant of the abutting property to do so upon demand, the cost of such work or materials may be recovered from such owner or occupant by civil action. The bringing of such action shall not prevent a criminal prosecution for the same act or omission.

(Code 1966, § 10-1.14)

(a) Any person dissatisfied with any order of the city manager may appeal therefrom to the council by filing a written notice of appeal with the city manager not more than five days after the date of such order. Such appeal shall be considered at the next regular meeting of the council, and its decision shall be final.

(b) The acts of the city manager for ordinary trimming and maintenance of street trees shall not be subject to appeal.

(Code 1966, § 10-1.15)