Livermore Municipal Code Art. I Street Trees

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, unless otherwise specifically defined:

A.

"City engineer"

means the city engineer of the City of Livermore.

B.

"Days,"

unless otherwise provided, always means calendar days.

C.

"Director"

means the Director of Public Works or his designee.

D.

"Parkway," "parkway strip," or "planter strip"

means that area within the public right-of-way lying between the curb and sidewalk.

E.

"Person"

means individuals, corporations, associations, partnerships and, to the extent of the City's jurisdiction, public entities.

F.

"Street/public right-of-way"

means all property dedicated to public use and includes, but is not limited to, streets from property line to property line, alleys, easements, dedicated bike paths, or open spaces.

G.

"Street tree"

means any plant form planted and maintained within the public right-of-way.

H.

"Superintendent"

means the maintenance superintendent or his successor or designee.

(1960 code § 23B.2; Ord. 2065 § 1(A), 2018)

All street trees within the City are the property of the City. The Director shall have the exclusive authority and responsibility, except as hereinafter provided, to plant, remove, prune, inspect, maintain, root-prune, or otherwise alter such street trees.

(1960 code § 23B.3; Ord. 2065 § 1(A), 2018)

It is unlawful, and a public nuisance, for any person to plant, remove, prune, injure or destroy any street tree, as defined in LMC § 12.20.010, except in conformance with the provisions of this chapter.

(1960 code § 23B.1)

The city engineer is authorized and directed to maintain a precise plan for the establishment and maintenance of street trees within the City. The plan will include designation of particular species or varieties of trees that may be planted on certain streets, together with a statement of such plants, shrubs or trees as shall not be planted within the public right-of-way. Such plan will be approved by the City Council.

(1960 code § 23B.4; Ord. 2065 § 1(A), 2018)

No tree, plant or shrub shall be planted or placed in or upon any public right-of-way without a permit therefor having first been issued by the superintendent. Such permit shall not require the payment of any application fee or other cost to the applicant, and will only be issued if it is found that such proposed planting or placing is in accordance with the approved street tree plan.

(1960 code § 23B.5)

A building permit for the construction of any new residential or commercial building or improvement to any existing residential or commercial building in an amount exceeding 50 percent of the current replacement cost of the existing building shall not be issued unless the applicant therefor shall agree to cause street trees to be planted within the city right-of-way adjacent to the property upon which the proposed building is located, in accordance with the adopted street tree plan for the particular streets, and the specifications of the city engineer.

(1960 code § 23B.12)

A. It is unlawful for the owner or occupant of any premises having street trees in front of or adjacent to such premises to fail or neglect to keep such street trees trimmed so that no limbs, branches or leaves thereon are more than two feet, measured horizontally from the trunk of the tree, adjacent to a sidewalk or bike path, or lower than eight feet above the normal grade of the sidewalk or bike path, or lower than 10 feet above the official curb grade on the street side of the tree.

B. If, and/or when the superintendent becomes aware of such condition, he may:

1. Cause the work to be done immediately if such condition poses an extreme hazard to the safe use of the street or sidewalk;

2. Place a notice of such condition on the tree in question and simultaneously notify the owner or occupant responsible for trimming such street tree of such hazard, and requiring such owner or occupant to take action to mitigate such hazardous condition within 10 days of such notice. If the owner of such noticed property fails to complete the required remedial work within the time limit, the superintendent will cause the work to be done, and all costs for such work will be charged to the noticed property owner.

(1960 code § 23B.6)

A. It is unlawful for any person to intentionally cut, trim, prune branches or roots, remove or cause injury by the use of chemicals such as salt, oil, herbicide or any other material deleterious to growth or health of street trees, in or upon any street right-of-way, parkway strip, sidewalk, park, landscaped area, playground, or other public area in the City, or to cause or permit the same to be done.

B. Provided, however, that permission to cut, prune branches or roots, remove or otherwise impair the natural growth of any such street tree may be had by the owner of the property upon approval of an application to do so. Such application will be made to the superintendent, who will cause an inspection to be made of the circumstances described in the application, and may thereafter recommend approval or denial of such application, with specific reference to the approved street-tree planting plan and the provisions of this chapter. There shall be no fee for such application or inspection.

C. Upon approval of the application, the property owner may do or cause to be done such work as is described on the approved application. Any such work contemplated which may cause a hazard or nuisance to vehicular or pedestrian traffic, or threaten the integrity or continuous operation of electric, telephone or cable TV systems or structures, or to any public utilities or public or private structures, may only be undertaken after the superintendent has certified that he is satisfied that proper and sufficient measures will be carried out by the applicant to mitigate against such hazards or nuisances, and in the event of such damage, that the applicant will bear full responsibility or the repair or replacement of such damaged facilities.

D. If such application is denied by the superintendent, the applicant may appeal such denial to the Livermore Beautification Committee within 10 working days. The decision of the committee will be final, and will be made in writing to the applicant.

E. The superintendent, in his discretion, may remove or cause the removal of any street tree which he finds to be:

1. Dead;

2. Damaged beyond repair;

3. Having a root system not adequate to reliably support continued growth;

4. Causing documented storm drainage or sanitary sewer stoppages;

5. Part of a planned street-tree removal program;

6. The obvious cause of continuing structural damage which cannot be mitigated by pruning limbs or roots;

7. Hazardous to public safety or welfare, or where unusual circumstances require action to be taken by the City.

(1960 code § 23B.7; Ord. 2065 § 1(A), 2018)

A. Whenever it is determined, under the provisions of LMC § 12.20.080, that a street tree is to be removed, the superintendent shall cause a notice of such action to be prominently posted on the tree to be removed. Such notice shall include the date following which the tree will be removed, the reason(s) for such removal, the person responsible for removal, the name, address and telephone number of the agent of or person responsible for such removal, and the approximate date of such removal.

B. The notice required by this section shall be posted at least five working days in advance of the proposed removal date so that any person wishing to comment on the proposed removal may have the opportunity to respond in writing to such notice to the superintendent. All such comments as are received before the end of such posting period will be considered by the superintendent, who will have authority to proceed at his discretion.

(1960 code § 23B.8)

Notwithstanding the provisions of LMC § 12.20.090, the superintendent, at his discretion, may proceed to remove or alter, to any extent he deems necessary, any street tree found to be an imminent threat to the public safety or likely to cause injury or damage to persons, structures or utilities if the provisions of LMC § 12.20.090 are followed.

(1960 code § 23B.9)

Any person taking exception to any denial, suspension or revocation by the public works department of a permit applied for or held by such person pursuant to the provisions of this chapter may appeal in writing to the Council by filing with the city clerk a written notice of such appeal, setting forth the specific grounds thereof. Such notice shall be filed within 14 days after notice of such action appealed from, but in no event later than 30 days after the date of such action. The city clerk shall forthwith set such matter for hearing before the Council, and cause notice thereof to be given to the applicant not less than three days prior to such hearing. At such hearing, the applicant shall show cause, on the grounds specified in the notice of appeal, why the action excepted to should not be approved. The Council may continue such hearing from time to time, and its findings on the appeal shall be final and conclusive in the matter.

(1960 code § 23B.10; Ord. 2065 § 1(A), 2018)

A. The city engineer shall forthwith cause rules and regulations to be established governing the paving of parkways or parkway strips within the public right-of-way. Such rules and regulations shall be based on the area involved, the number of trees, shrubs or plants to be located therein, and the existence or nonexistence of public utilities and materials to be used.

B. It is unlawful for any person to pave any parkway strip in any manner or with any material whatsoever without having first secured permission there to do so from the public works department. Such department shall grant permission to pave only when the proposal therefor shows that the work to be done shall be in accordance with the rules and regulations therefor as established by the city engineer.

(1960 code § 23B.11)