Kingsburg Municipal Code Ch. 12.24 Street Trees

This chapter is adopted to preserve, protect and promote the public health, safety, peace, comfort, convenience, prosperity and general welfare. More specifically, this chapter is intended to achieve the following:

A. To provide a comprehensive plan for planting, replanting and maintenance of trees, shrubs and ground cover within public streets, or which may overhang public streets within the city.

B. To establish and maintain a pattern of street trees, shrubs and ground cover within public streets which will enhance the living and working environment of the city, enhance real property values, conserve energy, reduce glare, diminish the effects of vehicular and other noise generated within the city and avoid hazards to public safety occasioned by trees, shrubs and ground cover which are of such physical location or condition as to constitute a public nuisance.

(Prior code § 61-4000)

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in the following subsections of this section shall govern the construction, meaning and application of words and phrases used in this chapter, and, except to the extent that a particular word or phrase is otherwise specifically defined in this chapter, the definitions and provisions contained in Chapter 1.04 (commencing with Section 1.04.010) of Title 1 of this code shall also govern the construction, meaning and application of the words and phrases used in this chapter. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derived from it, or from which it is a derivative, as the case may be.

"Director of public works" or "director" means the director of public works of the city.

"Ground cover" means any herbaceous plants and flowering plants which normally grow in close vertical relationship to the ground and which are intended for the ornamental enhancement or conservation of soil areas.

"Maintenance" or "maintain" means the pruning, trimming, thinning, spraying, bracing, staking, watering, fertilizing, treatment for disease or injury, or other work performed to promote the life, health, growth or beauty of trees, shrubs and ground cover.

"Owner" means the legal owner of real property fronting on any street of the city and any lessee of such owner.

"Planning commission" means the city planning commission.

"Public street" or "street" means all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way or any portion thereof, of the city.

"Shrub" means woody vegetation or a woody plant which normally has multiple stems and which bears foliage from the ground level up under natural conditions of growth.

"Tree" means any woody plant which normally has one stem or trunk bearing foliage or a crown of foliage well above the ground level at maturity.

(Prior code § 61-4001)

The planning commission shall prepare and the city council shall adopt a comprehensive plan for the planting and maintaining of trees, shrubs and ground covers within public streets of the city, which plan shall be designated as the comprehensive street tree plan. Such plan shall include those public streets which, in the commission's judgment, bear a relationship to the purposes of this chapter. The comprehensive street tree plan shall be so prepared that all appropriate public streets may eventually be included in the plan. The comprehensive street tree plan shall consist of a written statement and a map or maps, and such detailed designs as may be appropriate, setting forth or depicting the following:

A. The specific types of trees, shrubs and ground covers to be planted and/or maintained and including their desirable spacing and location.

B. The identification of those existing trees, shrubs and ground covers which should be retained.

C. The identification of those trees, shrubs and ground covers which may constitute a hazard or public nuisance, and which may require substantial maintenance or removal.

In preparing the initial version of the comprehensive street tree plan, the planning commission and city council may limit the plan's content to stating or depicting the specific types of trees required as provided under subsection (A) of this section. It is the intent of this section that all information required in the comprehensive street tree plan shall be developed gradually in recognition of the practical problems associated with fulfilling all requirements of this section.

(Prior code § 61-4002)

The planning commission shall prepare and the city council shall adopt by resolution, a master list of trees, shrubs and ground covers that are suitable for purposes of implementing and carrying out the comprehensive street tree plan. The master list shall be prepared and adopted within six months after January 3, 1977, and thereafter shall be amended as may be required to achieve the purposes of this chapter. In preparing and amending the master list, the planning commission shall consult with those persons who by reason of training and experience have expertise in the selection, planning, planting and maintenance of trees, shrubs and ground covers that are well suited to local climatic and soil conditions. When the master list is adopted, the list shall be known as the master list of trees, shrubs and ground cover and shall be placed on file in the office of the city clerk, and shall thereafter be the official list of trees, shrubs and ground covers to be used in preparing the comprehensive plan of street trees. Revisions or changes in the master list may be made from time to time in the same manner described hereinabove for the preparation, adoption and filing of the original master list.

(Prior code § 61-4003)

All trees, shrubs and ground covers hereinafter planted in a public street in the city shall conform as to type, species, spacing and location as prescribed by the comprehensive street tree plan and the master list of trees, shrubs and ground covers as prescribed by Sections 12.24.030 and 12.24.040.

(Prior code § 61-4004)

Should a person desire to plant a tree, shrub, or ground cover in a public street which is not included in the comprehensive street tree plan or master list of trees, shrubs and ground covers, such person shall first request a permit from the director of public works to do so, and the director shall issue such permit only upon first obtaining the approval therefor from the planning commission and city council.

(Prior code § 61-4005)

The responsibility for maintaining trees, shrubs and ground covers under this chapter rests with the owner of the property which abuts upon a section of public street affected by the provisions in this chapter. All affected street trees, shrubs and ground cover shall be maintained by such property owner in a good and healthy condition, including regular watering. Any tree which is removed by a property owner under the provisions of this chapter shall be replaced by the property owner in accordance with provisions of the comprehensive street tree plan. Where required, replacement shall be made at the expense of the property owner within sixty (60) days of obtaining a permit for the removal of the original tree as prescribed under Section 12.24.080.

(Prior code § 61-4006)

No person shall plant, remove, injure or interfere with any tree upon the public streets of the city without the prior written permission and approval of the director of public works. The director is hereby authorized to grant such permission at his discretion, and where in the opinion of the director it is necessary; provided, that a permit to remove a tree shall not be granted until the proposal has been reviewed by the planning commission in the manner prescribed under Section 12.24.090, and further; provided, that a removed tree shall be replaced by an approved tree in the manner prescribed under Section 12.24.070 of this chapter. A permit to remove or trim a tree shall be valid for a period not to exceed sixty (60) days after its date of issuance.

(Prior code § 61-4007)

Any tree growing in a public street or on private property which is endangering or in any way may endanger the security or usefulness of any public street or of any underground utility or overhead utility wires, is hereby declared a public nuisance, and the director of public works may cause to have such tree pruned, thinned, cut back at the roots, or removed, or to permit any affected public utility to do so. Before taking such action, the director shall notify the planning commission, city council and affected property owner. The planning commission shall have thirty (30) days to review the proposed action of the director and may appeal such proposed action to the city council within such time period. The affected property owner may also appeal such proposed action to the city council within thirty (30) days of receipt of written notice from the director of the proposed action. The city council shall hear and have final authority over any appeal by the planning commission or property owner. The director shall have the authority to cause a street tree to be trimmed, pruned or removed when the condition of the tree is so hazardous as to constitute an immediate and significant danger to the public. Conditions warranting such action include serious damage to the tree incurred through vehicular collision, fire, explosion or other casualty, or by acts of God or the public enemy. In taking any action to cause the pruning, trimming or removal of a hazardous tree, the director shall comply with all applicable requirements of the California Environmental Quality Act, as amended.

(Prior code § 61-4008)

It shall be a violation of the provisions of this chapter to abuse, destroy or mutilate any tree in a public street, or attach or place any rope or wire (other than one used to support a young or broken tree) sign, poster, handbill or other thing to or on any tree growing in a public street, or to cause or permit any wire charged with electricity to come in contact with any such tree, or to allow any gaseous liquid or solid substance which is harmful to such tree to come in contact with its roots or leaves.

(Prior code § 61-4009)

Nothing contained in this chapter 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 property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any public street within the city.

(Prior code § 61-4010)

The director of public works, or its designee, is hereby authorized to enforce the provisions of this chapter in accordance with the applicable provisions of Chapter 17.92 of Title 17 of the Kingsburg Municipal Code.

(Prior code § 61-4011)

(Ord. No. 2010-02, § 7, 7-21-2010)

Any person violating any provision of this chapter shall be guilty of an infraction.

(Prior code § 61-4012)