La Palma Municipal Code Ch. 38 Trees

Footnotes:

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State Law reference— Tree Planting Act of 1931, Health and Safety Code § 22000 et seq.

(a) Trees are recognized as a valued asset, providing a healthier and more beautiful environment in which to live. They provide oxygen, shade, aesthetics, and a priceless psychological counterpoint to the manmade, urban setting. Trees aid in preventing erosion, air, noise, and visual pollution.

(b) Trees are economically beneficial in attracting new industry, residents, and visitors. Healthy trees of the right size and species, growing in the right places, enhance the value and marketability of property, and promote the stability of desirable neighborhoods, thus helping to prevent the emergence of blighted areas and slum conditions.

(Code 1975, § 23A-2; Ord. No. 89-07, § 2)

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

City means the City of La Palma in the County of Orange, in the State of California.

Committee means the tree committee, otherwise known as the La Palma Community Activities and Beautification Committee.

Community Services Department means the designated department of the City under whose jurisdiction park, street, and public trees fall.

Park means and includes any public parks having an individual name.

Park trees means trees, shrubs, bushes, and all other woody vegetation in public parks or in public places, having individual names.

Person means any person, firm, partnership, association, corporation, company, or organization of any kind, including public utility and City department.

Public place means and includes any other ground owned by or under jurisdiction of the City.

Public trees means and includes all trees now or hereafter growing on any street, park, or any other public places.

Street means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right, for purposes of vehicular and pedestrian traffic.

Street trees means trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City.

(Code 1975, § 23A-3; Ord. No. 89-07, § 3)

(a) There is hereby created and established a Tree Committee for the City which shall consist of the members of the Community Activities and Beautification Committee, who are residents of this City, and appointed by the City Council.

(b) The duties of the Tree Committee shall be as follows:

(1) To study the problems and determine the needs of the City in connection with its tree program.

(2) To recommend to the City Council the type and kind of trees to be planted upon such City streets or parts of City streets, parks, or public places.

(3) To assist the properly constituted officials of the City, as well as the Council and citizens of the City, in the dissemination of news and information regarding the protection, maintenance, removal, and planting of trees on public lands, and to make such recommendations from time to time to the City Council as to desirable legislation concerning the tree program and activities for the City.

(4) To provide meetings as necessary at which the subject of trees may be discussed by members of the committee, officials, City personnel, and all persons interested in the tree program.

(Code 1975, § 23A-4; Ord. No. 89-07, § 4; Ord. No. 92-03)

Under the direction of the City Manager, the Community Services Director shall:

(1) Have the responsibility of formulating a master street tree plan with the recommendations of the Tree Committee. The master street tree plan shall include the inventory of existing trees, and shall specify the species of trees to be protected, maintained, removed, and/or planted on each of the streets, parks, and other public places of the City. From and after the effective date of the master street tree plan, or any amendment thereof, all tree work shall conform thereto.

(2) Advise the Tree Committee of any amendment or addition to the master street plan at any time that circumstances make those amendments or additions advisable.

(3) Consider all existing and future utility and environmental factors when recommending the planting of a tree species or other tree work for each of the streets, parks, and other public places of the City.

(4) Have the authority and jurisdiction of regulating the protection, maintenance, removal, and planting of trees on streets, parks, and public places.

(5) Have the authority and duty to plant, trim, spray, preserve, and remove trees on streets, in parks, or in public places to ensure safety or preserve the symmetry and beauty of such areas.

(6) Have the authority and duty to order the trimming, preservation, or removal of trees upon private property when he or she shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees and places.

(7) Have the authority and duty to supervise and inspect all work done under a permit issued in accordance with the terms of this chapter.

(8) Have the authority to affix reasonable conditions to the granting of a permit in accordance with the terms of this chapter.

(9) Have the responsibility of inventorying (and classifying as to location, species, size, condition, and evaluation) the existing trees on streets, parks, and other public places, as an integral part of the master street tree plan. This inventory shall be updated annually.

(Code 1975, § 23A-5; Ord. No. 89-07, § 5)

State Law reference— Authority of the tree board to remove any tree which appears dead and is liable to fall, is dangerous, or is an obstructions to public travel, whether or not the tree is on private property and overhangs onto public streets or grounds, Streets and Highways Code § 22060.

(a) Obstruction; trees pruned. It shall be the duty of any person or persons owning or occupying real property bordering on any street, park, or public place upon which property there may be trees, to prune such trees in such manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view of any street intersection. The minimum clearance of any overhanging portion therefor shall be ten feet over sidewalks, and 12 feet over all streets except truck thoroughfares, which shall have a clearance of 16 feet.

(1) Notice to prune. Should any person or persons owning real property bordering on any street, park, or public property fail to prune trees as provided in this subsection, the Community Services Director shall order such person or persons, within three days after receipt of written notice, to so prune such trees.

(2) Order required. The order required herein shall be served by first class mail to the last known address of the property owner as delineated on the assessor's parcel map book.

(3) Failure to comply. When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the City to prune such trees and the cost may be assessed to the tree owner.

(b) Insects and diseases. The Community Services Director shall have the authority to direct private property owners to treat or remove a tree suffering from a transmittable disease or insect infestation when such tree is on private property but may affect the health of trees on public property. The owner of said tree shall be notified of the condition and recommended treatment in writing and shall be given a period of one week to instigate the treatment or removal. If not treated or removed within a period of one additional week, the Director shall cause the treatment or removal to be carried out and the cost may be assessed to the tree owner.

(Code 1975, § 23A-6; Ord. No. 89-07, § 6)

(a) Any person who intentionally:

(1) Damages, cuts, carves, removes, or transplants any public tree;

(2) Attaches any rope, wire, nails, advertising posters, or other contrivance to any public tree;

(3) Allows any gaseous, liquid, chemical, or solid substance that is harmful to such public trees to come in contact with them; or

(4) Sets fire or permits any fire to burn when such fire or the heat thereof will injure any portion of any public tree;

shall be liable to penalties as specified in section 38-8.

(b) No person shall deposit, place, store, or maintain any stone, brick, sand, fill dirt, concrete, or other materials that may impede the free passage of water, air, and fertilizer to the roots of any public tree growing on any street, park, or other public place.

(Code 1975, § 23A-7; Ord. No. 89-07, § 7)

State Law reference— Similar provision, Penal Code § 622.

No person shall move any building or other large object that may injure public trees, or parts thereof, without first having obtained the approval of the Community Services Director.

(Code 1975, § 23A-10; Ord. No. 89-07, § 10)

(a) In addition to the general penalty provided for in this Code, any person violating this chapter shall replace any damaged tree, at his or her own expense, with a size and species recommended by the Community Services Director.

(b) Each tree affected by noncompliance with this chapter shall constitute a separate violation.

(Code 1975, § 23A-12; Ord. No. 89-07, § 12)