Merced Municipal Code Ch. 14.12 Trees, Shrubs and Plants

For the purpose of this chapter, the following words and phrases have the meanings respectively ascribed to them in this section:

"Director" means the director of recreation and parks of the city or any of his authorized representatives.

"Master plan" means the plan entitled: "Master Plan—Trees and Shrubs of the City of Merced," on file in the office of the city clerk.

"Street tree" shall mean any tree placed within the road rights-of-way of the city or in easements adjacent thereto.

(Ord. 1501 § 2 (part), 1983).

All street trees within the city of Merced are the exclusive property of the city. The director shall have exclusive authority, except as hereinafter provided, to plant, remove, prune, inspect, maintain, root prune or otherwise alter such street trees.

(Ord. 1501 § 2 (part), 1983).

Subject to the supervision of the city manager, the director shall have the power to designate the kind or variety of trees, shrubs or plants to be planted upon any street, park, pleasure ground, boulevard, alley or public place of the city in conformity with the master plan; provided, however, that the owners of property fronting on any street, alley or public place may petition the recreation and parks commission that such trees, shrubs or plants shall be a certain kind or variety, but the decision of the commission shall be merely advisory to the action of the city council, which makes the final decision.

(Ord. 1501 § 2 (part), 1983).

No person shall cut, trim, prune, plant, spray, 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 the prior permission and approval therefor from the director. The director is authorized to grant such permission in his discretion and, where necessary, subject to the condition that the removed tree will be replaced by an official tree in conformity with the master plan. No such permission shall be valid for a longer period than thirty days after its date of issuance.

(Ord. 1501 § 2 (part), 1983).

Any person granted permission pursuant to Section 14.12.040 may undertake the work personally or by agreement with a private nursery or tree service if the director determines:

A. There is sufficient assurance that such work will be properly undertaken and, except in cases of removal, will not irrevocably damage the street tree; and

B. There is sufficient assurance that the public safety will not be impaired. To this end, the director may require a public liability and property damage insurance policy, a permit and a processing fee.

(Ord. 1501 § 2 (part), 1983).

Any person maintaining any overhead wires or any pipes or underground conduits along or across any street, park, pleasure ground, boulevard, alley or public place of the city, or owning any property abutting upon any street, park, pleasure ground, boulevard, alley or public place of the city, desiring to have any tree, shrub or plant cut, trimmed, pruned or removed may file with the director a written request that such work be done. Such request shall describe the work desired to be done and it shall be within the discretion of the director to require a written agreement upon the part of the petitioner to pay the cost thereof and to do such work in the way stipulated by the director before the issuance of any permit under this chapter.

(Ord. 1501 § 2 (part), 1983).

No person shall interfere with the director, or persons acting under this authority, while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city, or in the removing of any stone, cement or other substance from about the trunk of any tree, shrub or plant in any such street, park, pleasure ground, boulevard alley or public place.

(Ord. 1501 § 2 (part), 1983).

No person shall cause, authorize or permit any brine water, oil, liquid dye or other substance deleterious to tree life, to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city, or onto any sidewalk, road or pavement within the city at a point from which such substance may be lying upon or by flowing, dripping or seeping into such soil injure such tree, shrub or plant, or to otherwise harm or kill any such tree, shrub or plant. No person, without the approval of the director, shall place or maintain any stone, cement or other substance so that it impedes the free access of water or air to the roots of any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city.

(Ord. 1501 § 2 (part), 1983).

No person shall place, apply, attach or keep attached to any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or other public place of the city, or to the guard or stake intended for the protection thereof, any wire, rope, sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever.

(Ord. 1501 § 2 (part), 1983).

During the erection, repair, alteration or removal of any building, house or structure in the city, no person in charge of such work shall leave any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to the tree, shrub or plant arising out of or by reason of the erection, repair, alteration or removal.

(Ord. 1501 § 2 (part), 1983).

A. It shall be the duty of any person owning or operating any utility within the public right-of-way (including, but not limited to, water sewer, gas, electrical, telephone and cable television services) to maintain such utility in a manner to prevent damage to street trees.

B. Any person excavating, trenching or otherwise engaged in subsurface works within the public right-of-way shall not cut any street tree root exceeding three inches in diameter unless specifically authorized to do so by the director. In addition to the penalties otherwise prescribed by this chapter for violation of the terms thereof, any person who, without authorization, cuts a street tree root in excess of three inches in diameter shall be liable for the cost of removal and replacement of tree, or shall be liable for the costs of remedial pruning of said street tree.

(Ord. 1501 § 2 (part), 1983).

When the erection, repair, alteration or removal of any building, house or structure necessitates the trimming, pruning or removal of any tree, shrub or plant on any street, park, pleasure ground, alley or other public place of the city, except any trimming, pruning or removal required by the construction of a residential driveway, which shall be governed by Section 14.12.040, it shall be within the discretion of the director to refuse permission to do such work. Applications for a permit to trim, prune or remove any tree or plant on any of the above-mentioned places for the above mentioned reasons shall be filed with the director at least three days prior to the time of doing such work. The director may stipulate the conditions upon which any trimming, pruning or removal may be done and may require the applicant to enter into an agreement whereby the applicant shall agree to pay all costs incurred for any inspection, labor, equipment or service deemed necessary by the director.

(Ord. 1501 § 2 (part), 1983).

No person shall move any building, house or portion thereof without notifying the director at least three days in advance of such moving. The notice shall designate the route to be followed and all other details pertinent to such work. The director shall have the authority to change such route and designate one which in his opinion will cause less damage to trees, shrubs or plants owned by the city along and adjacent to such route. If necessary to protect such trees, shrubs or plants, the director may require that the house, building or portions thereof be cut into segments small enough to fit the available width between such trees, shrubs or plants along the designated route. As a condition to approving any route for the moving of any building, house or portion thereof, the director may require the person doing such work to enter into an agreement to pay all costs incurred for any labor, equipment or material used to protect or preserve such trees, shrubs or plants, either before or after such moving.

(Ord. 1501 § 2 (part), 1983).

The director may inspect any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city, or any tree, shrub or plant standing on any private property, to determine whether the same, or any portion thereof, is in such condition as to constitute a hazard or an impediment to the progress or vision of any person traveling on any street, park, pleasure ground, boulevard, alley or public place.

(Ord. 1501 § 2 (part), 1983).

If, in the opinion of the director, under the provisions of Section 14.12.120, any tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of the public on any street, park, pleasure ground, boulevard, alley or public place, he may cause the same, or such part thereof as is hazardous or impedient, to be trimmed or removed so as to remedy such conditions.

(Ord. 1501 § 2 (part), 1983).

No tree, shrub or plant referred to in Section 14.12.130, standing on any private property shall be cut down or removed unless ten days' notice in writing of such intention is given by the director to the owner, occupant or agent of the property upon which such described condition exists.

(Ord. 1501 § 2 (part), 1983).

If the owner, occupant or agent of any private property referred to in Section 14.12.140, within seven days after receipt of such notice, files his objection to such removal with the director, such tree, shrub or plant shall not be cut down or removed unless the director gives the owner, occupant or agent a reasonable opportunity to be heard in support of the objection. If objection is not sustained, the director shall thereafter approve in writing the cutting down or removal of such hazardous or impedient tree, plant or shrub. Any decision of the director may be appealed to the recreation and parks commission and to the city council.

(Ord. 1501 § 2 (part), 1983).

Whenever a property owner desires to have a tree removed from a planting strip or planting easement owned or controlled by the city, he shall file or cause to be filed with the department of recreation and parks an official application for removal. If such tree is found to be in good condition and the removal is granted solely for the convenience of the applicant, then the full cost of such removal may be apportioned to the applicant. Cost of removal may be apportioned where removal is granted in part for convenience of the city.

(Ord. 1501 § 2 (part), 1983).

Nothing contained in Sections 14.1.1120 through 14.12.150 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 street, park, pleasure ground, boulevard, alley or public place within the city.

(Ord. 1501 § 2 (part), 1983).

A "Master Plan—Trees and Shrubs" is established, which master plan shall designate the type, form and location of all trees, shrubs and plants on public property in the city. The master plan shall be adopted by the city council, upon the recommendation of the recreation and parks commission, and may be changed, modified, altered and amended by the city council upon recommendation of the recreation and parks commission. A copy of the master plan shall be kept on file in the office of the city clerk.

(Ord. 1501 § 2 (part), 1983).

A. Street trees shall be required as a condition of issuance of a building permit, and shall be installed prior to occupancy. Needed right-of-way or easements to accommodate planting of street trees shall also be dedicated.

B. Unless landscaping (including street trees) is required as a condition of development approval, the street trees shall be purchased and installed by the city for all residential projects and the cost thereof, as determined by the director, shall be paid prior to building permit issuance.

(Ord. 1635 § 1, 1986: Ord. 1501 § 2 (part), 1983).

A. Owners of private property shall be responsible for watering trees in parkways or other public property immediately adjacent to the private property. The city shall not be responsible for watering any such trees.

B. Irrigation systems for street trees may be required as a condition of issuance of building permit or other approval to develop. The private property owner shall be responsible for the installation and maintenance of any such system.

C. Should a private property owner allow or cause the demise of a street tree, it shall be replaced at the discretion of the director. The cost of such replacement(s) shall be the responsibility of the private property owner.

(Ord. 1501 § 2 (part), 1983).

A. The director, each year, no later than the first day of September, shall prepare a tree removal program for the period ending the first day of September of the year following, which shall be immediately presented to the recreation and parks commission.

B. Trees having a caliper size of less than six inches shall not be considered as part of this program. Caliper size shall be measured at four feet six inches above ground level.

(Ord. 1501 § 2 (part), 1983).

After notice given by the director, the recreation and parks commission shall hold one public hearing on the tree removal program, at which time all interested persons may appear and be heard. After the public hearing has been concluded, the recreation and parks commission shall make its recommendation on the program to the city council.

(Ord. 1501 § 2 (part), 1983).

The city council, after notice, shall likewise hold one public hearing on the tree removal program and the city council, upon the conclusion thereof, shall either adopt, reject, modify or amend the program.

(Ord. 1501 § 2 (part), 1983).

A. The notice provided for in Sections 14.12.210 and 14.12.220 shall be given by marking each of the trees to be removed. The marking shall be accomplished at or prior to the time of the submission of the program to the recreation and parks commission, and by giving ten days' notice in writing by mail to the owner of the immediately adjacent property or his agent of the fact that the trees are to be removed and of the time and place of the public hearing.

B. Notice by mail shall be deemed complete upon depositing in the United States mail the notice in an envelope bearing the address of the property owner, or his agent, as appears on the last equalized assessment roll or as known to the director.

(Ord. 1501 § 2 (part), 1983).