Huntington Park Municipal Code Art. 2 Trees, Shrubs, and Plants

Note: Prior history: Article 2 entitled "Trees and Shrubs," consisting of Sections 7-5.201 through 7-5.209, codified from Sections 1, 2, and 4 through 11, Ordinance No. 691, as amended by Section 1, Ordinance No. 848, and Sections 2 (93) through 2 (99), Ordinance No. 624-NS, repealed and replaced by Section 1, Ordinance No. 645-NS., repealed and replaced by Section 1, Ordinance No. 810-NS.

For the purposes of this article, the following words, terms, and phrases are defined as follows:

"Approved tree list"

means the list of acceptable trees for parkway planting established pursuant to Section 7-5.203 of this article.

"City"

means the City of Huntington Park.

"City tree, shrub, or plant"

means any tree, shrub, or plant growing on property owned or controlled by the City, including, but not limited to, all streets, parkways, public places, and all easements granted to the City and/or the public.

"Director"

means the Director of Field Services and/or a duly authorized designee.

"Maintain" or "maintenance,"

means and includes pruning, trimming, root pruning or shaving, spraying, supporting, treating for disease or injury, or any other similar act which promotes tree life, growth, health or appearance.

"Parkway"

means the portion of the street between the sidewalk and the roadway for vehicular travel, or any private property adjoining the roadway over which the City or the public holds an easement or other property right.

"Parkway trees"

means any tree growing within any parkway.

"Plant"

means and includes all other plant material, non-woody, annual, or perennial in nature, not necessarily hardy.

"Public place" or "public property"

means any property that is owned or controlled by the City and is open to public use.

"Shrub"

means and includes any wood perennial plant, normally low, several stemmed, adaptable to shaping, trimming, and pruning without injury.

"Street"

means all or any portion of property owned or controlled by the City and designated for the use of the public as a thoroughfare for travel, including, but not limited to, sidewalks, gutters, drains, roadways, medians and parkways.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

Except as otherwise provided herein, no City tree, shrub, or plant shall be planted, maintained, or removed except in conformity with the provisions set forth in this article.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

(a) The Director shall establish and maintain a list of approved street trees. Trees shall be chosen for their low maintenance, moderate to slow growth rates, tendency to be pest free, and aesthetic value. The Director shall review the list from time to time and make any necessary changes thereto.

(b) The Director shall establish planting specifications which shall set forth any size, spacing, location, and planting requirements applicable to the planting of any City tree, shrub, or plant. The Director shall review said specifications from time to time and make any necessary changes thereto.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

No person shall plant or remove any City tree, shrub, or plant without first obtaining a permit to do so from the Director. The Director shall further have the authority to impose any conditions on the approval of such permits as are deemed necessary by the Director to fulfill the purpose and intent of this chapter.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

The Director shall have the authority to require specific maintenance, including removal, of any tree, shrub, or plant in or upon any City property which:

(a) Interferes with the construction, reconstruction, repair, maintenance or use of any City street or public utility;

(b) Is dead or dying;

(c) Creates a hazard to the public health or safety; or

(d) Does not conform to the type, variety or species of tree on the approved tree list.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

(a) The Director may inspect any tree, shrub or plant upon any private property which overhangs or projects into any public property to determine whether the same or any part thereof is in such condition as to constitute a hazard or any impediment to the progress or vision of anyone traveling on said public property.

(b) If in the opinion of the Director, any such tree, shrub, or plant is hazardous to the traveling public or impedes the progress or vision of said public on any such public property, the Director shall give written notice to the owner, occupant, or agent of the subject private property, informing him or her of the necessary trimming or removal that must be done, at the owner, occupant, or agent's expense, so as to remedy such condition. If the owner, occupant, or agent within 10 days of the date on the notice files a written objection thereto, with the Director, he or she shall be given a reasonable opportunity to be heard by the Director regarding such objection. The Director shall render his or her decision, in writing, within three days of hearing the owner, occupant, or agent's objection. The Director's decision shall be final. If the Director does not sustain the objection, the owner, occupant, or agent shall proceed immediately with the required trimming or removal. If trimming or removal is not completed within 10 days of the date on the notice setting forth the Director's decision, then the Director shall cause the necessary trimming or removal to be completed and charge the owner, occupant, or agent for the cost thereof. If the owner, occupant, or agent of the subject private property does not file an objection and does not complete the necessary trimming or removal within 10 days of the date on the initial notice, the Director shall, also, cause the necessary trimming or removal to be completed and charge the owner, occupant, or agent for the cost thereof.

Notwithstanding the foregoing, if a private tree, bush, or plant, or any party thereof, falls on any public right-of-way or otherwise, in the Director's reasonable opinion, presents a clear and immediate danger, the city may immediately clear it, without notice, at the property owner's cost.

(c) Nothing contained herein shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub, or plant upon his or her property or under his or her control in such conditions as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, alley or public place within the City.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

Nothing contained in this chapter shall prevent the City from planting trees, shrubs, or plants upon public property (including, but not limited to, parkways), and if so planted shall thereafter be the responsibility of the owner, occupant or agent of the abutting property, to water and sweep up after. The City is responsible for all other maintenance.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

It is unlawful for any person to perform or cause any of the following actions:

(a) Damage, cut, carve, etch, hew or engrave, poison or injure the bark or root system of any City tree, shrub, or plant.

(b) Post or affix to any City tree, shrub, or plant any bill, poster, placard, picture, announcement, notice, advertisement or sign, or cut, paint, print or make any of the same upon such tree, shrub, or plant or affix or attach in any manner any other thing whatsoever, including any guy wire or rope.

(c) Top or prune any City tree, shrub, or plant in a manner that threatens the health of the tree, shrub, or plant.

(d) Allow any gaseous, liquid or solid substance harmful to trees, shrubs, or plants to come in contact with any part of any City tree, shrub, or plant, including, but not limited to, over watering.

(e) Deposit, place, store or maintain upon the ground surrounding any City tree, shrub, or plant any stone, brick, concrete or other material which may impede the free passage or air, water and fertilizer to the roots of the tree, shrub, or plant.

(f) Remove, damage, or tamper with any guard or device placed to protect any City tree, shrub, or plant.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

Any person responsible for the illegal topping, pruning, damage to, destruction of, or removal of any City tree, shrub, or plant may be required to pay a restoration fee to the City. The fee shall be established by the Director with the following considerations:

(a) An amount sufficient to permit the City to maintain the damaged City tree, shrub, or plant over whatever period is required to restore it to appropriate condition;

(b) If the City tree, shrub, or plant cannot be fully restored within a reasonable time, the Director shall fix the restoration fee at an amount sufficient to replace the tree, shrub, or plant with a like tree, shrub or plant and maintain the new tree, shrub, or plant until it is fully established.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

Before the Director may order the removal of any tree, shrub, or plant located in or upon a parkway, he or she must first provide the owner, occupant, or agent of the abutting property with written notice.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

An owner, occupant or agent of property abutting a parkway where a tree, is designated to be removed may request the Director to exempt such tree from removal. Such a request must be in writing and must be made within 10 days of the date on the notice from the Director providing notice of the anticipated removal. If a timely request is not filed, then the Director may proceed with the removal. If a timely request is filed, then the Director shall consider it and may approve or deny such request. The Director's decision shall be in writing. The Director may impose conditions upon the approval including, but not limited to, a requirement that the abutting owner, occupant, or agent post cash, a bond or other security acceptable to the City to defray the present and future costs of maintaining the tree and public improvements affected thereby. If the Director denies the request, the aggrieved individual may appeal the decision to the Commission, pursuant to Section 7-5.213.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

If the owner or agent of private property, in front of which a parkway tree is planted, wishes to have the parkway tree removed, he or she must file a written request with the Director, on a form to be provided by the Director. The Director may approve or deny such requests. The Director's decision may be appealed to the City Council, pursuant to Section 7-5.213.

The Director shall not consider requests for the removal of a parkway tree from anyone other than the owner or agent of the private property in front of which the subject parkway tree is planted. The only exception to the foregoing is in cases were a parkway tree presents a health and/or safety concern. In such cases, any interested individual may file a written request with the Director for removal of the parkway tree that presents a health and/or safety concern.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

Any person aggrieved by the determination of the Director may appeal the determination to the City Council in writing within 10 days after written notice of such determination by the Director. The City Council shall set the matter for hearing and Director shall give written notice to the appellant of the time and place set for the hearing. The City Council's decision is final. Any person ordered to pay a restoration fee shall do so within 10 days of the City Council's action on the appeal. If not so paid, the cost of restoration shall be a lien on the property or a debt of the person who removed the tree, shrub, or plant if such person does not own the property on which the tree, plant, or shrub was located.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

Nothing in this article shall be deemed to impose any liability upon the City, its officers, employees or agents for any action or failure to act which occurs on public or private property. Nor shall any provision in this article relieve the owner of any private property from the duty to keep any tree growing thereon in such condition as will prevent it from constituting a health or safety hazard or an impediment to travel or vision upon any street, parkway or public place.

(§ 1, Ord. 810-NS, eff. September 20, 2007)

No person shall obstruct, impede or interfere with any representative of the City enforcing the provisions of this chapter, whether the actions by the City representative take place on public or private property.

(§ 1, Ord. 810-NS, eff. September 20, 2007)