Mountain House Municipal Code Ch. 2 Maintenance and Preservation of Trees, Shrubs and Other Plants

Footnotes:

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Editor's note— Ord. 2025-03, § 1(Exh. A), adopted May 14, 2025, amended Ch. 2 in its entirety, in effect repealing and reenacting said Ch. 2 to read as set out herein. The former Ch. 2, §§ 10-5-200 and 10-5-201, pertained to trees, shrubs and other plants and derived from Ord. 2024-27 Exh. A, adopted 2024.

It is the purpose of this Chapter to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other plants within the City of Mountain House.

It is recognized that the preservation of trees enhances the natural beauty of the City, sustains long-term potential increases in property values, maintains the environment, tempers the effect of extreme temperatures, creates the identity and quality of the City, which is necessary for successful business to continue, improves the attractiveness of the City to visitors and increases the oxygen output of the area which is needed to combat air pollution.

(Ord. 2025-03, § 1(Exh. A), 2025)

The following words and phrases, whenever used in this Chapter, shall be construed as defined in this Section:

(a) "City" shall mean the City of Mountain House, California.

(b) "City Manager" shall mean the City Manager of the City or his or her designee.

(c) "Diameter at breast height" or "dbh" means the average diameter of a tree outside the bark at a point four and one-half feet above the highest-level ground.

(d) "Dripline" or "dripline area" refers to the area surrounding the tree trunk, the outer perimeter of which is defined by the unaltered length of the outermost branch tips.

(e) "Mature tree" shall be defined as any tree that is close to its full height and crown size, these dimensions being determined by species and site factors. These are fully established trees around the middle half of their usual life expectancy, generally retaining good vigor.

(f) "Pollarding" is specialty pruning in which a tree with a large-maturing form is kept relatively short. Starting on a young tree, internodal cuts are made at a chosen height, resulting in the development of callous knobs at the cut height. Pollarding requires regular (usually annual) removal of the sprouts arising from the cuts. The practice of pollarding is not considered a best management practice and should be avoided in most cases.

(g) "Private trees" are trees wholly located on privately owned property.

(h) "Pruning" involves removing branches (or occasionally roots) from a tree using approved practices to achieve a specified objective. Topping and attempted pollarding of mature trees are not proper pruning methods and are not acceptable pruning practices.

(i) "Public Right-of-Way" (PROW) or "Right-of-Way" (ROW) means land that is reserved for use by the City as a public roadway, including incidental features within such lands such as sidewalks and landscaping. This includes not only the surface of the roadway and the earth beneath the roadway, but also all facilities and natural features located across, along, beneath, in, on, over, under, upon and within the roadway, this includes pedestrian sidewalks.

(j) "Street tree" is any tree in the Right-of-Way generally located in the parking strip between the curb and the sidewalk.

(k) "Topping" (also known as heading or stubbing) is excessive reduction of tree size by cutting live branches and leaders to stubs, without regard to long-term tree health or structural integrity. In most cases topping is not an acceptable practice.

(l) "Tree" means any woody perennial plant with a single trunk or multiple trunks of a minimum three-inch dbh, which typically develops to a mature size of over seven inches dbh and ten or more feet in height.

(m) "Young tree" means any tree that has been planted within the previous three (3) years. Young trees may need additional care in the way of watering and pruning for proper growth patterns.

(n) "Street Tree Plan" refers to the various plans, as they may be amended by the City Council from time to time, that establish the types, varieties, and locations of street trees to be planted within the City of Mountain House, which plans include Mountain House Master Plan, the three specific plans, the Mountain House Community Services District Design Manual, and the In-Tract Landscape Guidelines adopted by the Mountain House Community Services District and the City for the various neighborhoods.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) The City Manager shall supervise, direct, and control the planting, location, placement, care, trimming, removal, relocation and replacement of all street trees and all trees, shrubs, and other plants in Rights-of-Way, parks and public places that are owned or controlled by the City. This Chapter provides full power and authority over all trees, plants, and shrubs located within Rights-of-Way, parks, and public places of the City and over trees, plants, and shrubs located on private property that constitute a hazard or threat as described herein.

(b) The City Manager shall have the authority and responsibility to do the following:

(1) Carry out the provisions of this Chapter.

(2) Remove or replace any tree located within the Right-of-Way, in accordance with the provisions of this Chapter.

(3) Enter in or upon any part of the Right-of-Way or, with the permission of the owner or to the extent allowed by law, adjacent property, as is reasonably necessary for the purpose of planting and maintaining street trees. If a street tree poses an immediate threat to public safety, the City Manager may enter onto the adjacent property without the permission of the owner, to the extent allowed by law.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) Except as may be authorized or required in this Chapter, it is unlawful for any person to perform any of the following acts with respect to street trees, without a tree permit issued by the City Manager.

(1) Plant any tree, shrub, or plant, other than grass or similar planting materials, within the Right-of-Way.

(2) Move, remove, cut down, poison, set fire to or permit fire to burn in proximity to, or perform or fail to perform any act that results in the unnatural death or destruction of a street tree.

(3) Perform any activity that will interfere with or retard the natural growth of any street tree.

(4) Perform any work or permit any work to be performed within the dripline area of a street tree that would endanger the tree.

(5) Trim or prune any branch of a street tree the diameter of which is five inches or greater.

(b) Public Utilities. Public utilities are not subject to the prohibitions in this Section. Their activities are regulated separately pursuant to Section 10-5-211.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) Compliance with Street Tree Plan. The Street Tree Plan includes the types, varieties, and locations of street trees to be planted in commercial, industrial and neighborhood zones. Any removal and installation of a street tree, whether by the City or a person, shall follow the Street Tree Plan. The City Manager may, from time to time, recommend any revisions to the Street Tree Plan that he or she deems appropriate or necessary.

(b) Public Information. The Public Works Department shall, as soon as feasible following the effective date of this section, maintain in a prominent place on the City's website a page or document that provides details and information, in accessible, nontechnical language, about the proper maintenance of street trees and the various requirements of the Street Tree Plan, including the process for removal and installation of street trees.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) Initial Consultation. Any person seeking to perform any activity on a street tree shall first contact the City Manager to discuss the proposed activity. If he or she deems it necessary, the City Manager will inspect the site of the proposed activity. After initial consultation between the applicant and the City Manager, the City Manager shall confirm whether or not a permit is required. If it is determined that a permit is required, the applicant shall apply for a permit.

(b) Application Contents. The application shall be signed by the property owner or his or her authorized agent and shall contain the following information:

(1) Location, size, and species of the tree.

(2) The type of activity for which the permit is sought.

(3) A statement of the reasons for the activity.

(4) Funds for the preparation of an arborist's report if such a report would be required for the City Manager to issue the permit.

(5) And such additional pertinent information as the City Manager may require.

(c) Basis for Decision. In reaching a decision to grant or deny a tree permit, the City Manager shall consider the following:

(1) The condition of the tree with respect to disease, general health, damage public nuisance danger of falling.

(2) The tree's proximity to existing or proposed structures and interference with utility services, and

(3) Whether or not the tree acts as host for a plant which is parasitic. If the removal of the tree is requested for this reason, a written evaluation of the health and status of the tree(s), by an I.S.A Certified Arborist, may be commissioned by the City Manager. The person requesting removal of the tree shall be responsible for the cost of the arborist report.

(4) The number of existing trees in the area and the effect of any proposed removal upon the public health and safety, or the prosperity, beauty, and general welfare of the area.

(5) Mitigation measures as proposed, or replacement measures as required.

(6) Steps to avoid or minimize removal and destruction of trees.

(7) The adverse impacts on the future development of the site, including the increased costs of development and construction,

(8) The reduction in the size of the proposed structure or structures and other adverse economic impacts on the landowner or developer.

(9) The zoning of the property and the immediate and future impacts are based on the granting or denial of the permit.

(d) Decision. The City Manager shall render a decision granting or denying the application for a tree permit within thirty days from the date the completed application is received. In so doing, the City Manager may impose such conditions as he or she determines necessary to protect or maintain the public health and safety, or the prosperity, beauty, and general welfare of the area. As a condition of granting a tree permit the City Manager may require that the work be performed by a person who, in the opinion of the City Manager, is qualified by education or experience to perform the work and holds a valid business license issued by the City for such purpose. If the City Manager fails to decide in thirty days, the tree permit shall be deemed to have been denied.

(e) Posting of Permit. If a permit is granted to remove the tree(s), a copy of the tree permit shall be posted in a conspicuous location on the property near the tree during the removal of the tree. The tree contractor removing the tree(s) shall provide the City Manager proof of current liability insurance prior to final issuance of the tree permit.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) Replacement requirements. When the City Manager has granted a tree permit to remove a street tree, said permit shall require the permittee to replace the tree. Anyone who removes a street tree shall replace it on a one-for-one basis. The size and species of the replacement shall be determined by the City Manager based on the size of the tree that was removed, with the minimum size being a 15-gallon container stock. If possible, the replacement tree shall be planted on the same parcel as the tree that was removed; if not possible, it shall be planted in a City park or some other location determined by the City Manager. Such off-site planting shall be performed by a contractor hired by the City. The applicant shall reimburse the City for the cost of any off-site planting together with a two and one-half (2.5) percent administration fee based on the actual cost of the planting contract.

(b) Emergencies. In circumstances where the condition of a street tree poses an immediate threat to health or safety, as determined by the City Manager, the tree may be removed by the City without a permit. The permittee shall provide the replacement tree of a size and species pursuant to the Street Tree Plan and plant said tree in the location specified by the City Manager. The minimum replacement tree size should be at least fifteen gallons and shall be planted in accordance with the guidelines set forth in the Street Tree Plan.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) Property owner responsibilities. Each property owner is responsible for the watering, planting, removal, and replacement of street trees that are located in the Right-of-Way abutting the property owned by the property owner. The failure to do so is a violation enforceable pursuant to Division 2 of Article 1 of this Code.

(b) City responsibilities. The City shall be responsible for pruning existing street trees in the Right-of-Way.

(c) Enforcement. The City Manager shall have the authority to require property owners to meet their responsibilities under subdivision (a) of this section. In addition, the City Manager shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant material that are present on the individual's property that would cause serious injury to street trees and other plant material within the City. In either case, the City Manager shall notify the property owner in writing, describing, as the case may be, (i)(A) the property owner's responsibility and the steps to be taken to satisfy it or (B) the conditions needing remediation and the control necessary to correct the condition, and (ii) establishing a reasonable time within which the corrective steps shall be taken.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) The City Manager shall be responsible for overseeing the inspection, maintenance, removal and replacement of street trees planted within rights-of-way or easements. The City Manager may authorize or order the removal of street trees or other plant material planted in the Right-of-Way if he or she determines them to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements, or street trees.

(b) The City Manager shall have the authority to require property owners to remove or prune any privately planted tree, shrub, vine, or other plant material if he or she determines it to be seriously interfering with the growth and health of any street tree.

(c) In the event a property owner desires to remove a tree from the Right-of-Way abutting their property, the property owner or their authorized agent shall submit an application for a tree permit pursuant to Section 10-5-205. In addition to the requirements therein, prior to approving a tree permit for a tree removal, the City Manager shall determine whether or not such tree is required to be retained in order to preserve the intent and purpose of the Street Tree Plan. In making his or her determination, the City Manager shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and also the condition, age, desirability of variety and location of the tree. The City Manager shall impose conditions that require the removal to be at the property owner's own expense and liability, that require all removal work to be completed within sixty (60) days from the date of issuance of the permit and under the general supervision of, and in accordance with, rules established by the City Manager, that require all tree stumps to be removed to a depth specified by the City Manager. All such removal permits shall be void after the expiration of sixty (60) days from the date of issuance, unless extended by the City Manager.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) No person shall interfere or cause any person to interfere with any work being done under the provisions of this Chapter by any employee of the City, or by any person or firm doing work for the City or under a permit granted by the City.

(b) No person shall interfere or cause anyone to interfere with or damage any overhead wires or underground pipes or conduits while removing, trimming, pruning, spraying, or cutting any street trees in the Right-of-Way. The owner of such facilities shall be notified when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to overhead wires, underground pipes or conduits shall be the responsibility of the person, firm or corporation doing or causing the work to be done. The City and its officers and employees shall be exempt from the provisions of this subsection.

(c) No person shall pour concrete (driveway, patios, walkways or other types of concrete pours) on private property less than six (6) feet from the center of any existing street tree in any direction, unless otherwise approved by the City Manager.

(d) It shall be unlawful for any person to injure or destroy by any means any street tree, including, but not limited to, by doing any of the following:

(1) Constructing a concrete sidewalk or driveway or otherwise filling up the ground around any street tree so as to shut off air or water from its roots.

(2) Piling building materials, equipment, or other substance around any tree.

(3) Pouring any deleterious material on any tree or on the ground near any tree.

(4) Posting any sign, poster, notice, or other object on any tree, tree stake or guard, or fastening any guy wire, cable, rope, nails, screws, or other device to any tree, tree stake or guard.

(5) Causing or encouraging any fire or burning near or around any tree.

(6) Using any mechanical weeding device against a tree.

(7) Constructing retaining walls, fences, or other similar improvements that prohibit the planting or maintaining of street trees or otherwise affect their growth.

(8) Operating construction equipment in such a manner to cause it to contact the tree.

(9) Disrupting the anchorage of the tree or change the grade around the tree.

(Ord. 2025-03, § 1(Exh. A), 2025)

Notwithstanding other provisions of this Chapter, it is hereby made the duty of every person owning or occupying any land within the City to keep all trees on private property that extend over any street or alley trimmed up to a height of not less than twelve (12) feet, except that a height of not less than seven (7) feet shall be permitted over the sidewalk area. Such persons are also responsible for keeping the street, alley and sidewalk space clear of debris.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) Permissions and Approvals. Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain permission from the City Manager before performing any maintenance to wires, pipes, or conduits, if the maintenance would cause injury to street trees. A public utility shall in no way injure, deface, prune, or disfigure any street tree until its plans and procedures have been approved by the City Manager.

(b) Inspection, Stop-Work Orders. Any public utility performing work which might affect street trees shall permit the City Manager to inspect any and all maintenance or operational work performed by the public utility. If the City Manager believes that a public utility's work would cause excessive or unnecessary injury to any street tree, the City Manager shall have the authority to stop the maintenance and operational work. The public utility shall arrange with the City Manager another method of maintenance or operational work satisfactorily to the City Manager.

(c) Emergencies. The provisions of subsections (b) and (c) of this section shall not apply to emergency public utility maintenance work which is performed during nonworking hours for City personnel.

(Ord. 2025-03, § 1(Exh. A), 2025)

(a) Nothing in this Chapter shall impose any liability upon the City, or members of the City Council, or any of its officials or employees, nor relieve the owner or occupant of any private property from the duty to keep his private property, sidewalks, and rights-of-way abutting such private property in a safe condition, free from hazards to public use.

(b) By enactment of this Chapter the City is not assuming responsibility for the maintenance of street trees, except as otherwise expressly specified in this Chapter, and is not relieving the property owner of the duty to maintain such trees at his or her own expense.

(c) Abatement of Dangerous Condition.

(1) An owner is not precluded by this Chapter from taking action, in the event of an emergency, which action would otherwise violate the terms of this Chapter, if such action were necessary to minimize a dangerous condition. In the event such emergency action is taken, the owner shall notify the City Manager as soon as reasonably possible and no later than the next working day.

(2) In the event that an owner has not properly maintained trees for which the owner is responsible, and the trees pose an imminent danger to persons and/or property, constituting an emergency, the City Manager shall refer the matter to the Code Enforcement for consideration of commencement of summary abatement pursuant to Section 1-2-409 of this Code.

(3) In the event that an owner has not properly maintained trees for which the owner is responsible, and the trees and the condition does not pose an imminent threat to persons and/or property but has the potential to pose such a threat, the City Manager shall notify the property owner of the nature of the condition and give the property owner thirty days to eliminate the potentially dangerous condition. If the condition has not changed within thirty days of the notification, the City may pursue remedies pursuant to Chapter 4 of Division 2 of Title 1 of this Code.

(d) Stop-work order. Whenever the City Manager determines that an action being taken is in conflict with this Chapter, he or she shall cause there to be issued a stop work order, which shall prohibit such action. Such stop work order shall set forth the alleged violations and may list remedies to be taken to correct the violations. The person receiving the stop work order shall be required to report in writing to the City Manager within forty-eight hours regarding the steps to be taken to correct the violations or to appeal the posting of the stop work order. The stop work order shall remain in effect until a finding is made and the circumstances giving the rise to its order no longer exist. Any party receiving a stop work order may appeal through the process outlined in Section 1-2-405 of this Code.

(Ord. 2025-03, § 1(Exh. A), 2025)

Any person may appeal any administrative action taken by the City Manager pursuant to the provisions of this Chapter, including the denial, suspension or revocation of a permit applied for or issued pursuant to this Chapter, to the City Council. Such an appeal shall be taken in accordance with the procedure prescribed by Section 1-2-219 of this Code.

(Ord. 2025-03, § 1(Exh. A), 2025)

Anyone violating this Chapter, including by removing, disfiguring, or damaging a street tree(s) without a permit in compliance with Section 10-5-250, shall be subject to Section 1-2-201 and any other remedies set out in this Chapter and in Division 2 of Title 1.

All revenue from fines received for violations of this Chapter shall be used to purchase and plant replacement trees in compliance with Section 10-5-206.

(Ord. 2025-03, § 1(Exh. A), 2025)