King City Municipal Code Ch. 13.10 Street Trees

This chapter shall be referred to and cited as the “Street Tree Ordinance of the City.”

(Ord. 441 § 1, 1981)

It is declared to be the policy of the city to line its streets with trees and to maintain control over the planting, care, removal and replacement of street trees and shrubs now or hereafter installed in or abutting any public street, right-of-way, park or public place within the city. It shall be the city’s policy to only require street trees where new development or redevelopment occurs.

(Ord. 441 § 1, 1981; Ord. 642 § 1, 2003)

Whenever in this chapter the words or phrases defined in this section are used, they shall have the following meaning:

“Director”

means the director of the public works department, or designated representative.

“Planting strip”

means the area between the curb and the sidewalk area line, and any area dedicated for the planting of street trees or shrubs.

“Public street”

means every way set apart and accepted by the city for public travel or use, including roadways, planting strips, sidewalk areas, easements and rights-of-way.

“Shrub”

means plants of all kinds which are used for landscaping purposes, including grass and groundcovers.

“Sidewalk area”

means the area reserved for the installation of sidewalks, whether paved or unpaved.

“Street tree”

means any tree within a planting strip, or any tree bordering on a public street and standing so close thereto as to, by its growth, which influences the intended use of said street.

(Ord. 441 § 1, 1981; Ord. 642 § 2, 2003)

The public works department shall prepare and maintain a master tree list, consisting of the types and species of trees suitable and approved for planting as street trees. Said list shall be adopted, and from time to time may be amended, by resolution of the city council, and shall be kept on file and available for public inspection at the City Hall. Plantings of street trees shall be limited to those that are on the master tree list, except that if a tree is being planted as a replacement for one that has been removed, the property owner whose property abuts the street at that location shall, with the approval of the public works director, select the type of tree to be planted.

(Ord. 441 § 1, 1981; Ord. 642 § 4, 2003)

The public works department shall prepare and maintain a tree planting plan, setting forth the types of trees to be planted in different areas of the city in conjunction with future development. Said plan shall be adopted, and from time to time may be amended, by resolution of the city council, and shall be kept on file and available for public inspection at the City Hall. The planting schedules, practices and procedures contained in said plan shall be followed by the city, as well as by developers of private land within the city, whether individuals, contractors or subdividers.

(Ord. 441 § 1, 1981; Ord. 642 § 5, 2003)

Except as otherwise provided in this chapter and in Title 16 of this code, and except as otherwise provided in permits and improvement agreements for new developments within the city, it shall be the responsibility of the city, acting through the public works department, to plant, prune and spray street trees. It shall be the responsibility of the owner or occupant of the property on which the planting strip lies, or if the planting strip is owned in fee by the city, the owner or occupant of the property abutting the planting strip, to water street trees within said strip as needed, and to maintain and care for shrubs within said strip, including but not limited to periodic and regular watering, pruning, trimming, and weed control. In the event such owner or occupant fails or neglects to perform such maintenance work in a timely manner as stated in Section 13.10.120, the city may do the work when and as it deems it to be necessary and assess the cost thereof against the owner of said property.

(Ord. 441 § 1, 1981; Ord. 642 § 6, 2003)

Before any street improvements in a new subdivision of real property in the city are accepted by the city council, the subdivider shall pay to the city the total cost of trees to be planted along all public streets in the subdivision. Total cost shall include the cost of one fifteen-gallon tree specimen for each fifty feet of lot frontage, tree stakes, root barriers, soil amendment, and installation by city forces. After receipt of payment, the city will plant said trees at the proper time.

(Ord. 441 § 1, 1981)

(a) No tree shall be removed from any public street or planting strip without the prior written consent of the city, acting through the director. Such consent shall be granted only if the tree constitutes a hazard to property or persons using the adjoining street; if its roots are causing excessive damage to curbs, gutters or sidewalks; or if it unduly interferes with any utility.

(b) Acceptable reasons for the removal of a tree shall include, but shall not be limited to, a finding by the director that the tree is any of the following:

(1) Dead, dying, decayed or hazardous;

(2) Diseased beyond reclamation;

(3) Obstructing curb, gutter or sidewalk repair;

(4) In the way of new sidewalk, curb and gutter installation and, in the judgment of the director, deviation from standard design of such improvements would be inconsistent with policies and standards for street tree planting and maintenance established pursuant to the provisions of this chapter;

(5) In dangerous proximity to existing structures, or interfering with existing utilities;

(6) Obstructing proposed improvements so as to restrict economic enjoyment of the property;

(7) Crowded, and good horticultural practice dictates thinning;

(8) One which is of a proven nuisance specie. Also to be considered is the existing topography of the land and the effect of the proposed tree removal on erosion, soil retention, and the resulting increase flow of surface water.

(c) Any tree in a public street that, in the judgment of the director, should be removed because of type, growth habits, or disease, or which does not meet city standards, may be removed or replaced by the city.

(d) Any tree growing on private property which is endangering, or, in the judgment of the director, constitutes a hazard to users of a public street or a public place, or which in any way constitutes a hazard to the usefulness of facilities owned by a public utility, shall be removed or trimmed by the owner of the property within thirty days after receipt of written notice to do so from the director. In the event the property owner fails to remove or trim such tree within said thirty-day period, the city may then remove or trim the same and assess the cost thereof against the property owner.

(e) Any public utility subject to the jurisdiction of the Public Utilities Commission of the state and any constituted public agency authorized to provide and providing utility service, shall be given a permit from the director, valid for one year from the date of issuance, permitting such utility to trim, brace, or perform such other acts, except removal, with respect to trees growing adjacent to the public streets of the city, or which are on private property and have grown to the extent that they encroach upon a public street, so as to comply with the safety regulations of said commission and so as to maintain the safe operation of facilities owned by said utility; provided, that before any tree is removed pursuant to this subsection, written consent to do so must be obtained from the director.

(f) In addition to the reasons for removal of trees specifically set forth in subsections (b)(1) through (b)(8) of this section, the city may remove trees from planting strips when requested to do so by the owner of abutting property and when, in the judgment of the director, such removal would not be inconsistent with established city policy or with the objectives of this chapter. Written application for such removal shall be made to the director and shall be accompanied by a cash deposit in an amount deemed by the director to be sufficient to cover the cost of removal. If the application is approved by the director, the tree shall be removed by city forces and the applicant’s cash deposit shall be applied to the cost of removal; any excess money deposited shall be refunded to the owner and any deficiency in the amount deposited shall be assessed against and paid by the owner. If the application is denied, the entire amount deposited shall be returned to the owner.

(g) The public works director shall be vested with the discretion whether to replace the removed tree, subject to the rights of the property owner in Section 13.10.050.

(Ord. 441 § 1, 1981; Ord. 642 § 7, 2003)

When the removal of a tree or trees is proposed in connection with the improvement or development of property by subdivision, building permit, or other entitlement, the applicant shall file with the public works director, and include in the application for such permit or entitlement, a plot plan showing the location and type of tree or trees to be removed and a brief statement of the reason for removal, as well as any other information that may be pertinent. On receipt of such plot plan and statement, the public works director will make an inspection of the site to determine the health, value, ease of relocation, and susceptibility to damage of the tree or trees proposed to be removed and thereafter will file with the city official or city body having jurisdiction of such application (e.g., the planning commission or city council) a report of his findings and recommendations concerning the proposal. If the official or city body having jurisdiction approves the application, a permit for tree removal shall be issued at the same time as other permits or entitlements for the project.

(Ord. 441 § 1, 1981; Ord. 642 § 8, 2003)

(a) Wilful injury to or disfigurement or destruction of any street tree or shrub, whether situated within a planting strip, a park, or any other public property owned by the city, is prohibited.

(b) Any person who accidentally or wilfully damages, disfigures or destroys any street tree or shrub shall be charged for the treatment or replacement of the same in addition to any other penalties, charges or assessments imposed by other provisions of this chapter or this code, or by state law. If replacement is necessary, said charge shall be sufficient to cover the cost of removal and replacement of the damaged tree or shrub; in the case of a tree, such cost shall include the price of a new fifteen-gallon tree, the price of a deep root container, and the labor costs. The city will select the type of tree to be used as a replacement.

(c) No person shall, with respect to street trees:

(1) Construct a concrete asphalt, brick, or gravel sidewalk or otherwise fill up the ground area around any tree so as to shut off air, light, or water from the roots, except under written authority from the director;

(2) Pile building materials, equipment, or other substance around any tree so as to cause injury thereto;

(3) Apply any harmful matter on or around any tree, or on the ground around it, or on any planting strip; or

(4) Post any sign on any tree, tree-stake, or guard. Violation of this subsection is declared to be an infraction.

(d) Damage caused to street trees or shrubs by house moving or demolition shall be paid for by the person doing the moving or demolition; said payment shall be assessed in the same manner as the charges for treatment and replacement of damaged trees and shrubs set forth in subsection (b) of this section.

(Ord. 441 § 1, 1981)

In cases where roots from street trees cause damage to sidewalks, curbs, gutters or driveway approaches within a sidewalk area, the director, upon receiving notice of such condition, shall investigate the damage and order corrective action as stated in this section if in his judgment such action is necessary for the safety of the public.

(1) The city requires the owners of lots or portions of lots fronting on any portion of a public street or place, when that street or place is improved or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, to maintain any sidewalk in such condition that the sidewalk will not endanger persons or property and maintain it in a condition which will not interfere with the public convenience in the use of those works or areas, save and except as to those conditions created or maintained in, upon, along or in connection with such sidewalk by any person other than the owner, under and by virtue of any permit or right granted to him by law or by the city authorities in charge thereof, and such person shall be under a like duty in relation thereto.

(2) When any portion of the sidewalk is out of repair or pending reconstruction and in condition to endanger person or property or in condition to interfere with the public convenience in the use of such sidewalk, the city council, by resolution, may empower the director to notify the owner or person in possession of the property fronting on that portion of such sidewalk so out of repair, to repair the sidewalk.

(3) Notice to repair may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the sidewalk so out of repair, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of the city or to the name and address of the last person owning such property as shown in the records of the office of the clerk.

(4) The postal card shall contain a notice to repair the sidewalk so out of repair, and the director shall, immediately upon the mailing of the notice, cause a copy thereof printed on a card of not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property. In lieu of posting a copy of the mailed notice on the property as provided in this section, the director may, not less than seven days nor more than ten days after the mailing of the first postal card notice, mail an additional postal card, postage prepaid, marked “Second Notice,” to the person to whom the first postal card notice was addressed. The second notice shall otherwise contain the material required by this section, but shall not extend the time for commencing repairs specified in this section.

(5) The notice shall particularly specify what work is required to be done, and how it is to be done, and what materials shall be used in the repair and shall further specify that if the repair is not commenced within two weeks after notice is given and diligently and without interruption prosecuted to completion, the director shall make such repair, and report the cost of the same to the city council. The city council may assess the cost against the parcel of property fronting the sidewalk.

(6) If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice, the director shall forthwith repair the sidewalk and the cost thereof may be assessed by the city council against the parcel of property fronting upon the sidewalk upon which such repair was made, and such cost so assessed, if not paid within five days after its confirmation by the city council, shall constitute a special assessment against that parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until it is discharged, all pursuant to Chapter 22 of the Improvement Act of 1911, being Division 7 of the Streets and Highways Code, commencing with Section 5600.

(Ord. 441 § 1, 1981; Ord. 642 § 9, 2003)

All costs and charges imposed upon or assessed against property owners under the provisions of this chapter shall constitute a debt owed by said property owner to the city, and the city may bring an action in any court of competent jurisdiction to collect the same, together with reasonable attorneys’ fees incurred in the prosecution of such action.

(Ord. 441 § 1, 1981)

The public works department shall be responsible for the enforcement of this chapter. Requests and proposals for the planting, removal or replacement of street trees and shrubs made in conjunction with applications for the subdivision of land, building permits, or other entitlements, shall be processed through the public works department in accordance with the provisions of this chapter.

(Ord. 441 § 1, 1981)

Any person aggrieved by any act or determination of the director in the exercise of the authority granted by this chapter shall have the right of appeal to the city manager. Such appeal shall be taken by filing written notice thereof with the director within thirty days after the date of said action or determination. The decision of the city manager may in turn be appealed to the city council by filing written notice of appeal with the city clerk within thirty days after the date of such decision.

(Ord. 441 § 1, 1981; Ord. 642 § 10, 2003)

Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor, unless such violation is declared to be an infraction.

(Ord. 441 § 1, 1981)