Hemet Municipal Code Art. IV Care and Maintenance of Street Trees

Footnotes:

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Cross reference— Park commission, § 2-221 et seq.; removal or trimming of trees or shrubs obstructing visibility at intersections, § 78-67.

State Law reference— Municipal authority to cause shade trees to be planted and set out in public streets, etc., Government Code § 40401; injury to shade trees, Penal Code § 622; Tree Planting Act of 1931, Streets and Highways Code § 22000 et seq.

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

Department means the public works department.

Director means the director of public works.

Maintain and maintenance, when used in reference to street trees, mean pruning, spraying, mulching, fertilizing, cultivating, supporting, treating for disease or injury, promoting public safety or any other similar act which promotes the life, growth, health or beauty of street trees, not to include the control of vertebrate pests.

Official street trees means those specified in the street tree plan.

Planting easement means that portion of land made available as a public easement for the purpose of planting and maintaining city street trees.

Right-of-way means that portion of the public street right-of-way between the curb or curbline and the adjacent property line, used for the purpose of planting and maintaining city street trees.

Street tree means any tree whose center of trunk at ground level is within the right-of-way or planting easement.

Street tree plan means an official adopted plan for the planting of certain varieties of trees in public rights-of-way or planting easements within the city.

(Ord. No. 1358; Code 1984, § 13210)

Cross reference— Definitions and rules of construction generally, § 1-2.

(a) The board of park commissioners shall prepare or have prepared a street tree plan. Such plan shall be submitted to the city council, which shall make any revisions thereto which it may deem advisable, and shall adopt such plan by resolution. The director of public works shall, from time to time, recommend any revisions thereto. Amendments to the plan shall be made in the same manner as the original adoption. The plan shall include the types, varieties and locations of street trees to be planted. The plan shall include types of trees to be planted in commercial, industrial and neighborhood zones. The types of trees shall be divided into general varieties, which may be modified at the discretion of the director of public works.

(b) The board of park commissioners shall have the authority to cause any tree located within a planting right-of-way or easement to be removed at its discretion, except that any person aggrieved by such action may appeal such action to the city council within ten calendar days of the meeting that such action was taken and the city council shall have the authority to grant relief as it may deem proper in the circumstances.

(Ord. No. 1358; Code 1984, § 13211)

The director, under the general supervision of the city manager, shall have the authority and responsibility to do the following:

(1) Carry out the provisions of this article.

(2) Remove or replace any tree located within a planting right-of-way or easement, in accordance with the provisions of this article.

(3) Enter in or upon any part of a right-of-way or easement or adjacent property as is reasonably necessary for the purpose of planting and maintaining street trees.

(Ord. No. 1358; Code 1984, § 13212)

(a) The city will supply, replace or plant approximately one tree per lot, except for corner lots, where two to three trees will be planted, and maintain street trees in all rights-of-way and planting easements within the city.

(b) Fees shall be charged to provide the cost of furnishing, locating, planting and fertilizing street trees as may be adopted by the council by resolution from time to time.

(c) The property owner or occupant, as the case may be, shall be responsible for watering street trees located in planting strips or easements abutting the property.

(d) This section shall not prevent any person from installing and maintaining any overhead wires or underground pipes or conduits lawfully on, over or under public streets or public rights-of-way. The director, when reviewing plans for planting, maintenance or removal of street trees, shall consider the effect upon existing overhead wires or underground pipes or conduits, and shall avoid unnecessary disturbance to or relocation of the facilities.

(Ord. No. 1358; Code 1984, § 13213)

(a) The director shall be responsible for inspection, maintenance, removal and replacement of street trees planted within rights-of-way or easements. The director may cause street trees or other plant material planted in a right-of-way or easement to be removed by the city if it is deemed by the director to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements or street trees. The police chief shall have the authority to remove or have removed any trees or shrubs from any parkway or public parking place in the city where, in his opinion, the tree or shrub constitutes a hazard to traffic. The city manager shall have the authority to remove or have removed any trees or shrubs from any parkway in the city, which trees or shrubs are in a dead or diseased, damaged or dangerous condition or which trees or shrubs interfere with the activities of the various departments of the city or interfere with the alignment or realignment of streets, highways, alleys or driveways within the city. Any trees removed to facilitate construction or removal of buildings shall be removed and replaced, where possible or practical, upon the completion of such removal or construction, at the expense of the person for whose convenience the trees were removed, and any such replacements shall be made only when the particular trees have been approved by the board of park commissioners.

(b) The director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungi and other injurious pests or plant material that would cause serious injury to street trees and other plant material within the city. The city shall notify the property owner in writing, describing the conditions and stating the controls necessary to correct the condition, and establishing a reasonable time within which the corrective steps shall be taken.

(c) The director shall have the authority to require property owners to remove or prune any privately planted tree, shrub, vine or other plant material if it is determined by the director to be seriously interfering with the growth and health of any street tree.

(d) If a property owner desires to remove a tree from the right-of-way or easement abutting his property, he or his authorized agent shall make application to the board of park commissioners. The board of park commissioners shall determine whether or not such tree is required to be retained in order to preserve the intent and purpose of the street tree plan. In making its determination, the board of park commissioners shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and also consider the condition, age, desirability of variety and location of the tree. If the board of park commissioners finds that the tree may be removed without violating the intent and spirit of the street tree plan, it may authorize the property owner to remove such tree at his own expense and liability. If a permit is granted for removal of a street tree, all removal work shall be completed within 60 days from the date of issuance of the permit, and shall be under the general supervision of and in accordance with rules established by the director. All tree stumps shall be removed to a depth specified by the director. All removal permits shall be void after the expiration of 60 days from the date of issuance, unless extended by the director.

(Ord. No. 1358; Code 1984, § 13214)

(a) No person shall remove, trim, prune, spray or cut any portions of any street tree above or below the ground in a right-of-way or easement without first obtaining permission from the director.

(b) No person shall interfere or cause any person to interfere with any work being done under the provisions of this article by any employee of the city or by any person doing work for the city or under a permit granted by the city.

(c) No person shall interfere or cause anyone to interfere with or damage any overhead wires or underground pipes or conduits while removing, trimming, pruning, spraying or cutting any street tree in a right-of-way or easement. The owner of such facilities shall be notified when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to the overhead wires, underground pipes or conduits shall be the responsibility of the person doing or causing the work to be done. The city and its officers and employees shall be exempt from the provisions of this subsection.

(d) It shall be unlawful for any person to injure or destroy, by any means, any tree planted or maintained by the city in rights-of-way or easements, including but not limited to the following:

(1) Constructing a concrete sidewalk or driveway or otherwise filling up the ground around any street tree so as to shut off air or water from its roots. The minimum size clear area shall be 25 square feet.

(2) Piling building materials, equipment or any other substance around any tree.

(3) Pouring any deleterious material on any tree or on the ground near any tree.

(4) Posting any sign, poster, notice or other object on any tree, tree stake or guard, or fastening any guy wire, cable, rope, nail, screw or other device to any tree, tree stake or guard.

(5) Causing or encouraging any fire or burning near or around any tree.

(6) Using any mechanical weeding device against a tree.

(7) Constructing retaining walls, fences or similar improvements which prohibit the planting or maintaining of street trees or otherwise affect their growth.

(8) Operating construction equipment in such a manner to cause it to contact the tree.

(9) Disrupting the anchorage of the tree or changing the grade around the tree.

(e) No person shall plant a tree or other plant material in a planting strip or easement other than lawn or other similar planting materials, unless approved by the city.

(Ord. No. 1358; Code 1984, § 13215)

(a) Notwithstanding any other provisions of this article, it is hereby made the duty of every person owning or occupying any land or lots of land within the city to keep all private trees extending over any street or alley trimmed up to a height of not less than 15 feet, except that a height of not less than seven feet shall be permitted over the sidewalk area, and also to keep such space clear of debris.

(b) Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain permission from the director before performing any maintenance to such wires, pipes or conduits which would cause injury to street trees. The public utility shall in no way injure, deface, prune or scar any street tree until their plans and procedures have been approved by the director.

(c) The director shall be permitted to inspect any and all maintenance or operational work performed by public utilities which might affect street trees. If, during the performance of such work, in the opinion of the director, it would cause excessive or unnecessary injury to any street tree, the director shall have the authority to stop such maintenance and operational work and arrange with the public utility another method of maintenance or operational work satisfactory to the city.

(d) The provisions of subsections (b) and (c) of this section shall not apply to emergency public utility maintenance work which is performed during nonworking hours.

(e) Nothing in this article shall impose any liability upon the city or members of the council or any of its officials or employees, or relieve the owner or occupant of any private property from the duty to keep his private property and the sidewalks and rights-of-way abutting such private property in a safe condition, free from hazards to public use.

(Ord. No. 1358; Code 1984, § 13216)