Los Altos Municipal Code Ch. 9.20 Trees and Shrubs

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A.

"Street" shall mean and include all land lying between the boundaries of property abutting on all public streets, boulevards, alleys, and walks.

B.

"Park" shall mean and include any park designated as such by resolution of the council and in actual existence or to be created.

C.

"Public place" shall mean and include all grounds, other than streets or parks, owned by or leased to and under the control of the city.

D.

"Street tree" shall mean and include any woody perennial plant having a single main axis or stem commonly achieving ten (10) feet in height and capable of being shaped and pruned to develop a branch- free trunk at least nine feet in height.

E.

"Shrub" shall mean and include any woody perennial plant, normally low, several-stemmed, adaptable to shaping, trimming, and pruning without injury, within the area planted.

F.

"Hedge" shall mean and include any plant material, shrub, or plant when planted in a dense, continuous line or area as to form a thicket or barrier.

G.

"Plant" shall mean and include all other plant material, non-woody, annual, or perennial in nature, not necessarily hardy.

H.

"Street tree, shrub, or plant" shall mean and include any tree, shrub, or plant in any street, park, or public place in the city.

I.

"Weeds" shall be construed to include any form of vegetation not a cultivated garden tract or lawn and growing to a height of six inches or more; and also any form of obnoxious or harmful or dangerous plant life.

(Prior code § 7-3.01)

The city shall have control of all street trees, shrubs, plants, and flowers now or hereafter growing in any street, park, or public place within the city and shall have the authority to plant, care for, and maintain such trees, shrubs, plants, and flowers. No person shall remove or interfere with street trees in any street, park or public place without a permit therefor from the council or such officer as may be delegated.

(Ord. 03-251 § 2.1: prior code § 7-3.02)

A.

The owner of a lot fronting on or adjacent to any portion of a street, except for properties located in commercial zoning districts designated CD, CN, CRS, CS, CT, OA, OAD, and PUD shall maintain any trees, shrubs, plants and flowers in the area fronting and along the side yard of the property between the property line and the back of curb or edge of pavement where no curbs exist in such a manner that the trees, shrubs, plants and flowers will not interfere with public safety or convenience in the use of the streets and sidewalks. Property owners shall maintain such trees so that there is a minimum nine-foot vertical pedestrian clearance and a minimum thirteen (13)-foot vertical vehicular clearance from the top of the curb, edge of pavement, or adjacent ground surface (whichever is higher) to any part of the tree.

B.

For purposes of this section, maintenance of trees, shrubs, plants and flowers includes, but is not limited to: deep root watering, root pruning, installing root barriers, clearance and structural trimming, fertilizing, pest control, and removal of branches, leaves, and other debris. All trimming performed will be conducted in accordance with requirements of this code and conform to current standards as set forth in the American National Standards Institute (ANSI) A300 Tree, Shrub, and Other Woody Plant Maintenance Standard Practices and the International Society of Arborculture (ISA) Tree Pruning Guidelines. Property owners shall perform pruning in compliance with the foregoing standards and guidelines.

C.

If any property owner fails to maintain any trees, shrubs, plants or flowers in a safe and passable condition as required by this section, and any person suffers damage or injury to person or property, the property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain the trees, shrubs, plants or flowers.

D.

In order to enforce maintenance of street trees and parkways under this chapter, all relevant provisions and procedures delineated in Section 9.20.020 of this code and Chapter 22 of Division 7, Part 3, of the Streets and Highways Code (Sections 5600 and following) and related provisions will be applied.

(Ord. 03-251 § 2.3)

Unless authorized by permit, no person shall:

A.

Remove or in any way injure or mutilate any street tree;

B.

Fasten any sign, wire or injurious material to any street tree; or

C.

Excavate any ditch or tunnel, or place concrete or other pavement within a distance of ten (10) feet of the center of the trunk of any street tree.

(Ord. 03-251 § 2.2; prior code § 7-3.03)

A.

Application. Any person desiring to do any of the work described in Section 9.20.030 hereof may apply for a permit so to do. The applicant shall state the nature of the work and the location where it will be done.

B.

Issuance. A permit shall be issued authorizing so much of the work as:

Will not create, continue or aggravate any hazardous condition or public nuisance;

Will not prevent or interfere with the growth, location or planting of approved street trees; and

Is consistent with the planting plan being followed by the city.

(Prior code § 7-3.04)

The following are defined to be public nuisances for the purposes of this chapter:

A.

Any dead, diseased, infested or dying tree in any street or on any private property so near to any street tree as to constitute a danger to street trees or streets or portions thereof;

B.

Any tree or shrub on any private property or in any street of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers or other public improvements, including utility mains or services;

C.

Any tree limb, shrub or plant, except tree trunks having no limbs lower than nine feet above street center, reaching a height more than three feet above the street center adjacent to within the thirty (30) foot triangle of private property at the intersection of any streets improved for vehicular traffic;

D.

Vines or climbing plants growing into or over any street tree or any public hydrant, pole or electrolier;

E.

Existence of any tree within the city that is infested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees;

F.

The existence of any branches or foliage which interfere with visibility of, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel;

G.

Hedges or dense thorny shrubs and plants on any street or part thereof;

H.

Shrubs and plants more than two feet in height in any street measured above the top of street center; and

I.

Any weed or dangerous or obnoxious plant.

(Prior code § 7-3.05)

When a public nuisance, as defined in Section 9.20.050 exists, a notice may be sent by ordinary United States mail to the owner or tenant involved. Such notice shall describe the condition, state the work which is necessary to remedy the condition, and specify the time within which the work must be performed. If, at the end of the time specified, such work has not been performed, the city may perform such work, and the cost thereof shall constitute a charge against such owner or tenant, and such charges shall be a lien on the property.

(Prior code § 7-3.06)

Damages to any street tree caused by any act or omission by any person, whenever such act or omission is prohibited by or not authorized pursuant to this chapter, shall be charged to such person.

(Prior code § 7-3.07)

No person shall interfere with or delay the authorized representatives of the city from the execution and enforcement of this chapter except as provided by law.

(Prior code § 7-3.08)

The city may adopt regulations prescribing standards of landscaping and the planting of streets, parks and public places. A copy of such regulations shall be available for public inspection upon request, and all work performed in streets, parks, or public places shall be performed in accordance therewith.

(Prior code § 7-3.09)