Morgan Hill Municipal Code Ch. 12.28 Tree Planting Plan

For the best interests of the city and of the citizens and public thereof a comprehensive plan for the planting and maintenance of trees in or which may overhang public streets within the city should be developed and established. This chapter is adopted therefor, for the purpose of developing and providing for a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees.

(Ord. 150 N.S. § 1, 1963)

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

1. "City" means the city of Morgan Hill situated in the county of Santa Clara, California.

2. "Owner" means and includes the legal owner of real property fronting on any street of the city, and any lessee of such owner.

3. "Park superintendent" or "superintendent" means the public works superintendent of the city.

4. "Person" means and includes an individual, firm, association, corporation, copartnership and the lessees, trustees, receivers, agents, servants and employees of such person.

5. "Public streets" or "streets" means and includes all roads, streets, avenues, boulevards, alleys, parkways, public rights-of-way or any portion thereof, of the city.

B. Whenever used in this chapter the singular number includes the plural and the plural includes the singular.

(Ord. 150 N.S. §§ 2, 3, 1963)

The park superintendent shall have the jurisdiction and control of the planting, setting out, location and placement of all trees in the public streets of the city, and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof.

(Ord. 150 N.S. § 6, 1963)

A. The park superintendent is charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which may overhang the public streets within the city. The determination shall be made by the park superintendent who may consult with those familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen and park executives. When such determination has been made the park superintendent shall report his findings in writing to the city council. When approved by the city council the report shall be known as the master tree list, shall be placed on file in the office of the city clerk, and shall thereafter be the official determination of the superintendent. Revisions or changes in the master tree list may be made from time to time by the park superintendent, in the manner described in this chapter for the development, approval and filing of the original master tree list.

B. All trees hereafter planted in or which may overhang the public streets of the city must be on the master tree list, unless a written permit from the park superintendent shall have first been obtained to plant a tree not on the list. The permit may be granted by the superintendent only upon his obtaining approval therefor from the city council.

(Ord. 150 N.S. § 5, 1963)

A. Some types of trees and groundcovers, upon maturing, instead of becoming assets to the community, become liabilities due to structural weaknesses, disease or insect susceptibility, short life, destructive root systems, and rank growing branches requiring excessive maintenance. Due to one or more of these characteristics, it is unlawful to plant the following trees in or where they may overhang any public street:

B. Trees shall be planted a minimum of thirty feet apart. If the parkway is to be concreted, the area left for trees shall be nine square feet.

C. All shrubs which grow to a natural height of more than eighteen inches are prohibited and shall be removed at the violator's expense. It is unlawful to plant any groundcover in any public street, which groundcover is not on the master list of approved groundcovers approved by the superintendent of public works and such groundcover shall be removed at the violator's expense.

(Ord. 272 N.S. § A (part), 1970: Ord. 150 N.S. § 7, 1963)

It is unlawful and prohibited for any person other than the park superintendent or his duly authorized agent or deputy to cut, trim, prune, spray, brace, plant, move, remove or replace any tree in any public street within the city, or to cause the same to be done, unless and until a written permit so to do shall have been first obtained from the park superintendent. Any such permit may be declared void by the superintendent if its terms are violated.

(Ord. 150 N.S. § 8, 1963)

Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the state and any constituted public agency authorized to provide and providing utility service, shall be given a permit from the superintendent, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the city or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to maintain the safe operation of its business.

(Ord. 150 N.S. § 9, 1963)

No person other than an owner or public utility may do any act for which a permit is required under Section 12.28.060 of this chapter, except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the park superintendent, is qualified for such business, and who has obtained a permit to carry on such business in the city from the park superintendent. Permits issued pursuant to this section may be granted for a period of one year from the date of issuance.

(Ord. 150 N.S. § 10, 1963)

It is unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public street in the city, nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for the protection thereof any wire, rope (other than one used to support a young or broken tree), sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever, without having first obtained a written permit from the park superintendent to so do.

(Ord. 150 N.S. § 11, 1963)

The park superintendent or his duly authorized representative shall be charged with the enforcement of the provisions of this chapter.

(Ord. 150 N.S. § 4, 1963)

The park superintendent may inspect any tree adjacent to or overhanging any public street in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any street that in the opinion of the park superintendent endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within ten days after receipt of written notice thereof from the park superintendent, the superintendent shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.

(Ord. 150 N.S. § 12, 1963)

Any person aggrieved by any act or determination of the park superintendent in the exercise of the authority granted in this chapter shall have the right of appeal to the city council of the city, whose decision, after public hearing of the matter, shall be final and conclusive.

(Ord. 150 N.S. § 13, 1963)

It is unlawful for any person to violate or to fail to comply with any of the provisions of this chapter. In addition, the city shall assess the costs of removing the tree or ground cover that violates the provisions of this chapter to the person planting or maintaining the shrub or tree.

(Ord. No. 2276 N.S., § 46, 5-2-2018)

Editor's note— Ord. No. 2276 N.S., § 46, adopted May 2, 2018, amended § 12.28.130 in its entirety to read as herein set out. Former § 12.28.130 pertained to violation—penalty and derived from Ord. 150 N.S., § 14, adopted in 1963; Ord. 272 N.S., § A(part), adopted in 1970; Ord. 1192 N.S., § 20, adopted in 1994; and Ord. 1320 N.S., § 15, adopted in 1997.