Montebello Municipal Code Ch. 12.08 Trees and Shrubs

For the purpose of this chapter, certain terms and words are defined as follows:

"List" means the "Official Tree Planting List of the City of Montebello" as approved by the council.

"Maintain" or "maintenance" includes, but is not limited to, clipping, spraying, fertilizing, staking and tying, treating for disease or injury, and other similar acts which promote life, growth, health or beauty of trees.

"Plan" means the "Comprehensive Plan for the Planting and Maintenance of Trees in Public Areas and Streets in the City of Montebello" as approved by the council.

"Planting easement" means strips of land along the front or sidelines of lots abutting streets, avenues and public thoroughfares.

"Planting strip" means the area between the curb, or the place where the curb should be, and the adjacent property line.

"Public area" means parks, playgrounds, areas around public buildings, and all other areas under the supervision and maintenance of the city.

"Street" includes any public street, avenue, boulevard, lane, walk, road, parkway, alley, right-of-way or other public way.

"Street tree" includes any tree planted for the purpose of providing shade or beauty to the street area.

"Superintendent" means the superintendent or individual appointed by the director of municipal services/director of public works of the city of Montebello.

"Tree" includes any tree planted or maintained by the city.

(Prior code § 2920)

(Ord. No. 2348, § 1, 4-11-2012)

The superintendent shall prepare for approval by the council a list containing the types and varieties of trees for planting along streets and in public areas within the city.

(Prior code § 2921)

The superintendent shall prepare for approval by the council the plan for the planting and maintenance of trees in streets and public areas in the city, which shall include, in general, maps of streets and public areas in the city upon which there shall be designated a general plan for the uniform planting of trees and zoning of streets for certain types of trees, and specifications for the size and type of such trees permissible within the planting strips and planting easements within the city.

(Prior code § 2922)

All new and replacement trees shall be confined to shade and ornamental trees from the current list and shall include all such new and replacement plantings in public areas, streets, planting easements and planting strips.

(Prior code § 2923)

A. No person shall plant or place shrubs, low-growing trees, flowers, vines, fences, rocks, gravel, signs, stakes, or any other object excepting sidewalks, driveways, watering basins for young trees, and temporary protection for newly planted lawns; or cause or create conditions of uneven ground holes or other hazards in planting strips and planting easements in the city.

B. The superintendent shall require planting of street trees within planting strips or planting easements in any new subdivision in conformity with the plan and the list.

C. It shall be the sole responsibility of the property owner to properly maintain all planting strips and planting easements abutting his property, regardless of whether the property is developed. This maintenance shall include keeping such strips free from weeds or any obstructions deemed contrary to the public safety, in conformity with the plan.

(Prior code §§ 2924, 2925 and 2926)

The superintendent shall be responsible for the inspection and maintenance, and removal and replacement of all trees within public areas, planting strips and planting easements. Such trees shall not be removed unless ten days written notice of such proposed removal is given to the abutting property owner, except where the superintendent determines that public safety requires immediate removal thereof. The owner concerned may, within ten days after receipt of such notice, file, in writing, his objection to the removal with the superintendent. If the objection is not sustained by the superintendent, the property owner shall have the right, within five days after notification of the overruling of his objection, to appeal the ruling to the council, by filing, in writing, his objection with the city clerk, stating therein the reasons for is objection to the proposed removal. The council shall thereafter hear and consider the matter, administratively, without the necessity of a noticed public hearing; provided, that the person objecting, and any other person requesting such notice, is given written notice by the city clerk of the time and place of such hearing, five days in advance thereof, by depositing such notice in the United States mail, postage prepaid.

(Prior code § 2927)

The superintendent may cause the roots of young trees in the process of development to be cut to prevent future damage to sidewalks. Roots on older trees that have lifted sidewalks, or otherwise damaged sidewalks or curbs, may be cut and the limbs may be pruned or cut back to compensate for loss of root area. The superintendent shall have the right to remove limbs from any tree, regardless of its location, if it appears that such removal is necessary in the public interest. If such trees requiring such removal are located on private property, the superintendent shall notify the property owner of such intent to remove limbs by written notice at least ten days prior to such removal except where he determines that public safety requires immediate removal. The property owner shall have the rights as provided in Section 12.08.090, in the case of tree removal, except that if the superintendent determines that the public safety requires such removal, no such notice need be given.

(Prior code § 2928)

Whenever a person desires to have a street tree removed from a planting strip or easement, located immediately adjacent and abutting such person's property, a written request therefor shall be filed with the superintendent. If such removal is requested solely as a matter of convenience to such person, the matter shall be referred to the city council to determine whether the public interest, convenience and necessity require such removal. The council may, at its discretion, permit such removal; provided, that the person requesting the same shall pay the full cost thereof in advance to the city.

(Prior code § 2929)

(Ord. No. 2348, § 2, 4-11-2012)

No person shall remove or cut any tree planted or maintained by the city or on city property. No person shall trim or prune any tree planted or maintained by the city or on city property without first obtaining a permit to do so pursuant to Section 12.08.110 of this code. No person shall injure or destroy any tree planted or maintained by the city, by any means, including but not limited to, the following:

A. By constructing a concrete, asphalt, brick or gravel sidewalk, or otherwise filling up the ground area around such tree so as to shut off its air, light or water from its roots;

B. By piling building material and equipment, or other substance and materials, around any such tree so as to cause injury thereto;

C. By pouring any deleterious matter on or around any tree, or on the surrounding ground, lawn or sidewalk;

D. By posting any sign, poster or notice on any such tree, tree stake or guard, or by fastening guide wires, cables, ropes, nails, screws or other devices to any tree, tree stake or guard; or

E. By causing or encouraging any fire near or around any such tree.

(Prior code § 2930)

(Ord. No. 2348, § 3, 4-11-2012)

No person having charge or control of any premises, either as owner, lessee or tenant or otherwise, shall allow any limb, twig, or leaf of any bush or tree growing in or upon any public street in front of such lot or premises, or upon any premises abutting such street, to interfere with or obstruct the free passage of pedestrians or vehicles along such street. Whenever any bush or tree growing in or upon any premises in such manner that any portion thereof shall overhang any sidewalk of any portion thereof shall overhang any sidewalk of any public street, or growing in or upon any such sidewalk, is greater than fifteen feet in height, the lower limbs, twigs and leaves of such tree or bush shall be kept removed at all times so that at no time shall any portion of any twig, limb or leaf hang nearer than nine feet above the sidewalk or street; and wherever such bush or tree is less than fifteen feet in height, the lower limbs, twigs or leaves of such bush or tree shall be kept so at all times the same will not interfere with or obstruct the free passage of pedestrians or vehicles along such street.

(Prior code § 4235)

A. Any city resident who desires to have a tree trimmed or pruned in front of their residence may apply for a permit with the superintendent. The application shall state the nature of the work and the location where it will be done. Applications for permits under this section shall be made to the municipal services department on forms provided by the superintendent and shall include information as the superintendent deems necessary to review the application.

B. The superintendent shall issue the permit if, in his or her judgment, the following conditions are met:

1. The resident agrees to hire a private contractor at the resident's sole expense.

2. The resident provides sufficient proof that the contractor is duly licensed, certified and bonded to do work in the city at the time of the application.

3. The resident provides a certificate of insurance naming the city of Montebello as an "additional insured."

4

The resident agrees that any and all trimming of the tree shall be done to meet the American National Standard for pruning.

5. The resident agrees that all debris from the work shall be removed by contractor.

C. The superintendent may order the work to immediately cease in the event that the superintendent determines the work or conditions set forth in the permit are in violation of this chapter.

D. Any violation of this section or Section 12.08.090 may be punishable as a misdemeanor or infraction pursuant to Section 1.12.010 of this code.

(Ord. No. 2348, § 4, 4-11-2012)