Hollister Municipal Code Ch. 12.24 Street Trees

This chapter shall be known as the Street Tree ordinance and may be cited as such.

(Prior code § 17-36)

As used herein:

City means the city of Hollister acting by and through its authorized representatives.

City council means the city council of the city of Hollister.

Commission means the park and recreation commission of the city of Hollister.

Director means the director of public services of the city of Hollister.

Hedge means any plant material when planted in a dense continuous line or area so as to form a thicket or barrier.

Park means any open area maintained by the city which is open to the public for recreational purposes.

Person means all individuals, associations, partnerships or corporations and the agents, employees, representatives and servants thereof.

Plant means all plant material not defined herein as a "hedge," "shrub" or "street tree," which is nonwoody, annual or perennial in nature and not necessarily hardy.

Public place means all open areas not defined herein as a "park" or "street," open to the public and owned by or leased to or under the control of the city.

Shrub means any woody perennial plant which is normally low, several stemmed, adaptable to shaping, trimming and pruning without injury.

Street means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel, including alleys and walks, and includes not only the improved or paved area but also parkway, sidewalks, public utility easements and tree planting and maintenance easements.

Street tree means any woody perennial plant having a single main axis or stem commonly achieving ten or more feet in height and capable of being pruned and shaped to develop a branch-free trunk at least nine feet in height, planted and/or maintained within a park, public place or street or planted and/or maintained on private property to the extent it encroaches or overhangs a park, public place or street.

(Prior code § 17-37)

The city shall have control of and be responsible for the planting, maintaining and removal of street trees.

(Prior code § 17-38)

Under the direction of the commission, the director shall be responsible for and supervise the planting, maintaining and removal of street trees.

(Prior code § 17-39)

No person shall plant, root-trim, cut, prune, trim, brace, spray, remove or replace any street tree without prior written authority therefor issued by the director, which written authority may be subject to reasonable conditions and which shall be valid for a period of 30 days from and after the date of issuance; provided, however, without such written authority, a person may prune or trim the limbs of a street tree, not in excess of one inch in diameter, if such street tree has been planted for more than five years. All requests for authority to plant, root-trim, cut, prune, trim, brace, spray, remove or replace street trees shall be in writing, describe the work to be done and set forth the reason or reasons therefor. In the event the director shall determine that the planting, root-trimming, cutting, pruning, trimming, bracing, spraying, removal or replacement of any street tree is solely due to the request of, or solely for the benefit of, the property owner abutting the park, public place or street in which such street tree is to be, or is, located, the same shall be accomplished and done under the direction or supervision of the director, at the expense of such property owner and the director may require such owner to pay the estimated cost thereof in advance.

(Prior code § 17-40)

The director shall examine and inspect all street trees and determine whether the same, or any part or parts thereof, are in such condition so as to endanger or constitute a hazard to the health, safety, welfare or property of the public or the owner of property abutting a park, public place or street. As to any such street tree, or any part or parts thereof, the director shall take such action as is necessary to correct such condition and, when such action requires the removal of a street tree, the same shall be replanted.

(Prior code § 17-40.1)

Any person doing business as a public utility and subject to the jurisdiction of the Public Utilities Commission of the state of California or any governmental agency authorized to provide and providing public utilities shall be issued written authority by the director, valid for a period of one year from and after the date of issuance, to root-trim, cut, prune, trim, brace, spray, remove or replace any street tree in order to comply with the safety regulations of such commission or as may be necessary in order to maintain the usual, uninterrupted and safe providing of such public utility.

(Prior code § 17-41)

The city shall not be responsible, in damages or otherwise, for any damage or injury to any overhead wire or underground conduit or pipeline in any park, public place or street caused by any street tree or the planting, root-trimming, cutting, pruning, trimming, bracing, spraying, removal or replacement of any street tree.

(Prior code § 17-42)

The commission shall prepare and maintain and, from time to time, change and revise, a schedule of authorized street trees specifying, by species and/or types, trees desirable and suitable for street trees. Other than or with a tree specified in the schedule of authorized street trees, no person shall plant or replace any street tree.

(Prior code § 17-43)

On written notice to the owner of property abutting a park, public place or street, the director may order such owner to plant street trees. In the event such owner does not comply with such order within 30 days from and after the date thereof, the same shall be accomplished and done under the direction or supervision of the director, at the expense of such owner.

(Prior code § 17-44)

A. All street trees shall be planted between the curb and the sidewalk and/or within tree planting and maintenance easements.

B. No street tree shall be planted or maintained if it obscures adequate site distances at intersections and, in no event, within 30 feet of the curb lines of intersecting streets.

(Prior code § 17-46)

The director shall examine and inspect all trees planted and/or maintained on private property which encroach or overhang a park, public place or street and determine whether the same, or any part or parts thereof, is in such condition so as to endanger or constitute a hazard to the health, safety, welfare or property of the public. Such tree, or any part or parts thereof, which, in the opinion of the director, is in such condition so as to endanger or constitute a hazard to the health, safety, welfare or property of the public shall, by the director, be declared to be a public nuisance. If the owner of the private property on which such tree, or any part or parts thereof, is situate does not correct such condition within ten days after the receipt of written notice from the director to do so, the director shall correct such condition at the expense of such property owner. Nothing herein contained shall be deemed to impose any duty or liability on the city nor to relieve any property owner of the duty to keep all trees planted and/or maintained on the owner's property in such condition so as not to endanger or constitute a hazard to the health, safety, welfare or property of the public.

(Prior code § 17-46.1)

No person causing, or in charge of, the alteration, construction, erection or repair of any structure shall leave any street tree in the vicinity of such structure without good and sufficient barriers, guards or other protectors as shall prevent injury thereto.

(Prior code § 17-46.2)

No person shall:

A. Break, damage, deface, burn, injure, mutilate, destroy or kill any street tree;

B. Set or permit any fire to burn where such fire or the heat therefrom will injure any street tree;

C. Apply, attach or place to any street tree or to any guard or stake intended for the protection thereof any paint, rope, sign, wire or any other device or substance of any kind or nature whatsoever without prior written authority therefor issued by the director;

D. Authorize, cause or permit any substance deleterious to tree life on or into the soil about the base of any street tree or on any paved area from which said substance may seep into such soil;

E. Cause or permit concrete, stones or other substances to be maintained or placed in such a manner as to impede the free access of air and water to any street tree; or

F. Delay, interfere with, obstruct or resist the director in the planting, maintaining or removal of street trees.

(Prior code § 17-46.3)

A. Any person affected by any action, decision or ruling of the director may, within ten days of the date of such action, decision or ruling, appeal the same to the commission by filing a written notice of appeal, which shall specify with particularity wherein such action, decision or ruling was in error, with the secretary of the commission. Within 45 days of the date of the filing of a notice of appeal, the secretary of the commission shall set the appeal for hearing by the commission and, at least ten days prior thereto, give to the appellant, the director and any other person requesting the same, written notice of the date, time and place set for the hearing on the appeal. The appellant shall have the right to the assistance of counsel, or may appear by counsel, and shall have the right to present evidence and cross-examine witnesses. At the hearing on the appeal, the commission shall consider the record and any additional evidence that may be presented. The commission may continue the hearing on the appeal for not to exceed 30 days. Within ten days of the conclusion of the hearing on the appeal, the commission shall render its decision on the appeal and may affirm, modify or reverse, in whole or in part, the action, decision or ruling appealed from, or may take or make such additional or substitute action, decision or ruling as it may find warranted. Within five days of the date the commission renders its decision on the appeal, the secretary of the commission shall give notice thereof to the appellant, the director and any other person requesting the same.

B. Any person affected by any action, decision or ruling of the commission may, within ten days of the date of such action, decision or ruling, appeal the same to the city council by filing a written notice of appeal, which shall specify with particularity wherein such action, decision or ruling was in error, with the city clerk. Within 45 days of the date of the filing of a notice of appeal, the city clerk shall set the appeal for hearing by the city council and, at least ten days prior thereto, give to the appellant, the director, the commission and any other person requesting the same, notice of the date, time and place set for the hearing on the appeal. The appellant shall have the right to the assistance of counsel, or may appear by counsel, and shall have the right to present evidence and cross-examine witnesses. At the hearing on the appeal, the city council shall consider the record and any additional evidence that may be presented. The city council may continue the hearing on the appeal for not to exceed 30 days. Within ten days of the conclusion of the hearing on the appeal, the city council shall render its decision on the appeal and may affirm, modify or reverse, in whole or in part, the action, decision or ruling appealed from, or may take or make such additional or substitute action, decision or ruling as it may find warranted. Within five days of the date the city clerk renders its decision on the appeal, the city clerk shall give notice thereof to the appellant, the director, the commission and any other person requesting the same. The decision of the city clerk shall be final.

C. Any and all notices shall be in writing and shall be served either personally or by mail. If served personally, service shall be conclusively deemed made at the time of service. If served by mail, service shall be conclusively deemed made 48 hours after the deposit thereof in the United States Postal Service mail, postage prepaid, addressed to the person to whom such notice is to be given.

(Prior code § 17-46.4)

Any person who violates any of the provisions of this chapter or any of the provisions of any written authority issued by the director shall be liable for a civil penalty of not less than $100.00 nor more than $1,000.00 per day for each and every day, or any part thereof, during which any such violation is committed, continued or permitted, which shall be assessed and recovered in a civil action brought in the name of the city.

(Prior code § 17-46.5)

Any person who violates any of the provisions of this chapter or any of the provisions of any written authority issued by the director shall be guilty of a misdemeanor. Each and every day, or any part thereof, during which any such violation is committed, continued or permitted, shall be a separate offense.

(Prior code § 17-46.6)