Mission Viejo Municipal Code Ch. 14.30 Trees and Shrubs in City Rights-of-Way and Public Parks

This chapter regulates the planting, maintenance, protection, and removal of trees and shrubs on public streets, parks, and other city-owned property; and establishes the office of city forester in the department of public works. This chapter also provides for the issuing of permits for the planting, maintenance, protection, and removal of trees and shrubs in city-owned places.

(Ord. No. 99-202, § 1, 12-6-99)

This chapter shall be known and may be cited as the City Tree Ordinance.

(Ord. No. 99-202, § 1, 12-6-99)

The following terms shall have the meanings provided in this section unless their context requires otherwise:

Caliper. The diameter in inches of the tree trunk 12 inches above the base of the tree.

City agency. Any department, board, commission, committee, or other entity within the government of the city.

DBH (diameter at breast height). The diameter of tree trunks at a height of four feet, six inches from the finished grade at the back of the tree.

Person. Any natural person, contractor, corporation, firm, partnership, association, limited liability company, limited liability partnership, trust, estate, public or private utility, one or more individuals, and any unit, agency or subdivision of local government, including without limitation, a county, city, school district, water district, or special district, except for a city agency, or employees or agents thereof.

Trees and shrubs. Any woody plants which have self-supporting, aboveground parts, which are viable year-round.

(Ord. No. 99-202, § 1, 12-6-99)

(a) The office of the city forester is hereby established in the department of public works. The city forester shall be the person designated by the director of public works to perform the duties of city forester as set forth in this chapter.

(b) The city forester, in consultation with the department of public works, shall have the authority to implement and enforce the provisions of this chapter and approve, deny, or unconditionally approve the permits or consents required by this chapter.

(c) The city council shall have the authority to adopt by resolution rules and regulations regarding arborcultural specifications and standards of practice, consistent with those specifications and standards recognized and practiced by the International Society of Arborculture, and such additional rules and regulations as are necessary or convenient to implement the provisions of this chapter. These regulations shall govern the planting, maintenance, removal, fertilization, pruning, and protection of trees and shrubs on public streets, parks, or other city property. Violation of such rules and regulations adopted by the city council shall be punished or corrected in accordance with the terms of this chapter.

(Ord. No. 99-202, § 1, 12-6-99)

(a) It shall be unlawful for any person to plant, spray, fertilize, prune, remove, replace, cut, or otherwise disturb any tree or shrub on any public street, park, or other city-owned property, or property in the possession of the city, without first submitting a written request therefore and obtaining written permission from the city forester. Requests for written permission shall be acted on within ten working days of filing the written request with the city forester. All work for which such permission is given shall be done in accordance with the rules and regulations adopted by the council pursuant to section 14.30.040(c) of this chapter.

(b) Except as provided in subsection (c), whenever a person or city agency obtains written permission pursuant to subsection (a) of this section to remove a tree or shrub from any city-owned land for the purpose of construction or for any other reason, such person or agency shall subsequently replace the tree or shrub within one year of the issuance of the tree-removal permit in a location to be determined by the city forester somewhere in the city or have the city replace such tree or shrub at the expense of the person who obtained such permission. Such replacement shall meet the standards of size, species, and placement as provided for in the tree-removal permit issued by the city forester. Unless the city forester, for good cause, determines otherwise, trees shall be replaced by the caliper inch, such that for every inch of diameter (DBH) removed, an equal number of caliper inches shall be replaced. (e.g., the removal of one twelve-inch DBH tree shall necessitate the planting of six two-inch caliper trees or four three-inch caliper trees, etc.)

(c) It is the responsibility of the city forester to determine if trees or shrubs on city-owned property are hazardous and to remove dead or hazardous trees or shrubs from city-owned property. The city forester shall not cause any tree or shrub to be removed, trimmed, or altered for the purpose of a view protection or restoration. If replacement is recommended by the city forester, the city shall replace the tree or shrub within one year of removal.

(d) Wherever it is necessary to remove a tree or shrub from a public right-of-way in connection with the paving of a sidewalk or the paving or widening of a street, the city or responsible agency or person shall replant such tree or shrub or replace it. If conditions prevent planting in the right-of-way, planting on the adjoining property or alternate site approved by the city forester may satisfy this requirement.

(e) Requests from private citizens that new street trees be planted near their property shall be accommodated in accordance with planting priorities established by the city council pursuant to section 14.30.040(c).

(f) Specifications governing tree species, size, spacing, and method and location of planting shall be set forth in the rules and regulations adopted by the council pursuant to section 14.30.040(c) of this chapter. Inspection of the trees by the city forester shall be carried out, whenever possible, prior to planting in order to ensure tree health and quality. Whenever any person is required to replace a tree pursuant to this chapter, a one-year guaranty of the tree's health with a warranty bond shall be provided for such replacement trees.

(g) Excavation within the street right-of-way for the purpose of compliance with this section shall not be undertaken without obtaining all necessary permits and approvals from the city engineer and other city agencies.

(Ord. No. 99-202, § 1, 12-6-99)

Unless specifically authorized in writing by the city forester, it shall be unlawful for any person to intentionally damage, cut, carve, transplant, or remove any tree or shrub on city-owned property; attach any rope, wire, nails, advertising posters, or other contrivance to any such tree or shrub; allow any gas, liquid, or solid substance which is harmful to any such tree or shrub to come in contact with it; or set fire or permit any fire to burn when such fire or heat thereof will injure any portion of any tree or shrub on city property. Actions of police, fire or other emergency officials in carrying out their official duties are not subject to this provision. The topping of any city tree is prohibited except as a precursor to the ultimate removal of the tree or shrub as a result of a threat to life or property.

(Ord. No. 99-202, § 1, 12-6-99)

(a) Without written permission from the city forester, no person or city agency shall:

(1) Undertake any construction or development activity (including but not limited to the excavation of any ditches, tunnels, or trenches or the laying of payment) within the dripline of any city tree or shrub.

(2) Move or park vehicles associated with any construction or development activity, which may affect any tree or shrub on city property.

(b) Unless the city forester, for good cause, determines otherwise, all trees or shrubs on any public street or other city-owned property directly impinging on any excavation or construction of any building, structure, or street work shall be guarded as follows:

(1) For trees or shrubs with a crown spread of eight feet or less, a substantial fence, frame, or box not less than four feet high shall be placed at least at the tree's or shrub's dripline or at a distance prescribed by the city forester; and all building material, soil, or debris shall be kept outside these barriers.

(2) For trees or shrubs with a crown spread of eight feet or more, a substantial fence, frame, or box not less than four feet high shall be placed no less than three times the distance of the total canopy spread from the trunk outward or at a distance prescribed by the city forester and all building material, soil, or debris shall be kept outside of this barrier.

(c) No person or city agency shall deposit, place, store, or maintain upon any public place of the city any stone, brick, sand, concrete, or other materials which may impede the free passage of water, air, and fertilizer to the roots of any tree or shrub growing thereon, except by written permit by the city forester.

(Ord. No. 99-202, § 1, 12-6-99)

(a) It shall be the duty of any person owning real property bordering on a public street to ensure that trees and shrubs on that property are pruned in a manner that will not obstruct or shade street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs or traffic control devices, or obstruct the view of any street or alley intersection. If trees are interfering with utility wires, it is the obligation of the appropriate utility company to correct the situation.

(b) Should any person owning real property bordering on any public street fail to comply as hereinabove provided, the city forester shall order the owner to take corrective action within 14 days after receipt of written notice. The order required herein shall be served by mailing a copy of it to the last known address of the property owner.

(c) 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 or shrubs or to pay for such pruning, and the cost thereof shall be assessed to the owner.

(d) Notwithstanding the provisions of sections 14.30.080(b) and (c), the city forester may elect, in his or her sole discretion, to trim that portion of the trees or shrubs which have grown onto city property or right-of-way so as to alleviate the conditions described in section 14.30.080(a) and assess such costs to the property owner responsible for the tree or shrub.

(Ord. No. 99-202, § 1, 12-6-99)

When plantings are to be done on projects that also require site development plan review, the city forester and the director of community development shall coordinate review of the proposed planting plan.

(Ord. No. 99-202, § 1, 12-6-99)

(a) This chapter shall not govern any emergency activity immediately necessary to protect life, safety, or property or to maintain access to any property. Any such activity shall incorporate reasonable efforts to protect trees and shrubs on city property from unnecessary damage.

(b) Any person or city agency engaged in any action covered by subsection (a) shall make a reasonable effort to notify the city forester prior to commencing that action and shall, in any event, provide written notice of the emergency and the work done to the city forester within three calendar days of commencing work.

(Ord. No. 99-202, § 1, 12-6-99)

Should a dispute arise in the administering of this chapter, an appeal can be requested by petitioning, in writing, the city forester. The city forester will have 30 working days to reply in writing. Should this provide an unsatisfactory resolution, a second appeal can be requested by following the procedures set forth in sections 2.04.100 through 2.04.130 of this Code.

(Ord. No. 99-202, § 1, 12-6-99)

Violation of any provision of this chapter, or failing to comply with any of the requirements of this chapter, shall be deemed to be a public nuisance and may be abated as such and shall also be subject to the criminal and administrative sanctions set forth in Title 1 of this Code.

(Ord. No. 99-202, § 1, 12-6-99)