Mendota Municipal Code Ch. 12.16 Street Trees and Shrubs

The superintendent of public works, or his duly authorized representative, shall be charged with the enforcement of this chapter.

(Prior code § 9.01.001)

All trees or shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location with the street tree plan of the city which is made a part of this chapter.

(Prior code § 9.01.003)

No trees or shrubs shall hereafter be planted in or removed from any public parking strip or other public place in the city without permission from the superintendent of public works.

(Prior code § 9.01.002)

In all portions of the city wherein the curbs, gutters and sidewalks are contiguous to one another, it is unlawful for any person to plant any trees or shrubs on private property within three feet from the edge of the said sidewalk that borders on private property.

(Prior code § 9.01.004)

It is unlawful to plant in any public parking strip the following trees: Acacia, Black Walnut, Eucalyptus, Elm, Palm, Poplar, Tree of Heaven or Sycamore. It is unlawful to plant Willow, Cottonwood or Poplar trees anywhere in the city unless the superintendent of public works approves the site as one where the roots will not interfere with a public sewer.

(Prior code § 9.01.005)

It shall be a public offense to abuse, destroy or mutilate any tree, plant or shrub in a public parking strip or any other public place, or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill or other things to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to be placed or attached to any such tree, or to allow any gaseous, liquid or solid substances which are harmful to such trees to come in contact with their roots or leaves.

(Prior code § 9.01.010)

The superintendent of public works, or his duly authorized representative, may cause to be trimmed, pruned or removed, any trees, shrubs, plants or vegetation in any parking strip or other public place, or may require any property owner to trim, prune or remove any trees, shrubs, plant or vegetation in any parking strip abutting upon said owners' property, and failure to comply therewith after fifteen (15) days' notice by the superintendent of public works shall be deemed a violation of this chapter.

(Prior code § 9.01.006)

No person, firm or corporation shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city without prior permission and approval therefor from the superintendent of public works. The superintendent of public works is authorized to grant such permission in his discretion and where necessary, subject to the condition that the removed tree be replaced by an official tree in conformity with the street tree plan. No such permission shall be valid for a longer period than thirty (30) days after its issuance.

(Prior code § 9.01.009)

Any tree or shrub growing in a parking strip or public place or on private property which in any way may endanger the security or usefulness of any public street, sewer, sidewalk or the full and safe operation of public utility wires, is declared to be a nuisance, and the city may remove or trim such trees, or may require the property owner to remove or trim any such tree on private property or on a parking strip abutting upon said owners' property. Failure of the property owner or his duly authorized agent to remove or trim such tree after fifteen (15) days' notice by the superintendent of public works shall be deemed a violation of this chapter, and the superintendent of public works may then remove or trim said tree. Nothing contained in this chapter shall be construed as limiting the right of any public utility to remove or trim trees which, in its opinion, endanger the safe operation of its wires, poles and appurtenances.

(Prior code § 9.01.007)

A. Appeals from directions and order made hereunder may be made by filing a written notice thereof with the city clerk within ten (10) days after such direction and order is received, stating in substance that an appeal is being made from such direction and order to the city council. The city council at their next regular succeeding meeting, shall hear evidence presented by both the appellant and the superintendent of public works. Action by the city council after such hearing shall be conclusive, and in the event the city council upholds the decision of the superintendent of public works, the property owner or his duly authorized agent shall have ten (10) days thereafter to comply with such notice.

(Ord. 95-07 § 2, 1995; prior code § 9.01.008)

B. Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owners of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley, or public place within the city.

(Ord. 95-07 §2, 1995; prior code § 9.01.008)