Mountain View Municipal Code Art. I General

This chapter shall be known and cited as the "Tree Regulations of the City of Mountain View."

(Ord. No. 175.659, 4/10/61.)

For the purpose of this chapter, the following terms, words, phrases and their derivations shall have the meanings ascribed to them in this section:

Director of parks and recreation. "Director of parks and recreation" shall mean the director of parks and recreation of the city or his authorized agents, assistants or deputies.

Official street trees. "Official street trees" are those trees or shrubs adopted by the parks and recreation commission as a part of the master street tree plan.

Owner. "Owner" shall mean the owner of a fee simple title of the property on which a street tree is planted.

Parkway strip. "Parkway strip" shall mean that portion of a public street between the curb and the sidewalk or the sidewalk and the property line or that portion of the public right-of-way which is not designed or used for vehicular or pedestrian travel.

Street. "Street" shall include every way maintained by a public agency and set apart for public travel or use in the city, including the entire planting strip, sidewalk area, easements and rights-of-way.

Street tree. "Street tree" includes any tree or shrub, by whomever owned or planted, in a street or public place, as defined in this section.

Unofficial street trees. "Unofficial street trees" are all street trees or shrubs which are not on the current master street tree plan.

(Ord. No. 175.659, 4/10/61.)

a. The director of parks and recreation is charged with the enforcement of this chapter and the performance of municipal functions as herein established.

b. The director of parks and recreation shall have the authority to plant, trim, spray, preserve and remove street trees and shrubs and grassy areas to insure safety or preserve the symmetry and beauty of streets and public places.

c. The director of parks and recreation shall have the authority to supervise all work done under a permit issued in accordance with the terms of this chapter.

d. The director of parks and recreation shall have the authority to affix reasonable conditions to the granting of a permit hereunder and to require that applications for permits contain such information as he shall find reasonably necessary to a fair determination of whether a permit should be issued.

e. The director of parks and recreation shall issue any permit provided for in this chapter when he finds that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory.

(Ord. No. 175.659, 4/10/61.)

A master street tree plan shall be established, which master street tree plan shall designate the type, form and location of all street trees and shrubs in the city. The master street tree plan shall be prepared by the director of parks and recreation for consideration and adoption by the parks and recreation commission. Such master street tree plan may from time to time be changed, modified, altered and amended by the parks and recreation commission. A copy of the master street tree plan shall be kept on file in the office of the city clerk.

(Ord. No. 175.659, 4/10/61.)

Any owner of property fronting on any street or public place may request the director of parks and recreation to cause to be planted or located on such street or public place the official street trees designated by the master street tree plan. The director of parks and recreation may cause such trees or shrubs to be planted or located on such street or public place.

In determining whether or not to proceed with such work, the director of parks and recreation shall consider the amount of money budgeted and available for such purposes, the number and scope of similar projects to be undertaken during the fiscal year, and years following, the availability and cost of such trees or shrubs and the projected plan for planting such trees or shrubs as a part of a larger project. The decision of the director of parks and recreation shall be conclusive.

(Ord. No. 175.659, 4/10/61.)

No person shall cut, trim, prune, plant, spray, remove, injure* or interfere with any street tree or shrub without the prior written permission of the director of parks and recreation. The director of parks and recreation may grant such permission in his discretion and, where necessary, condition such permit upon the requirement that the removed tree or shrub will be replaced by an approved tree or shrub in conformity with the master street tree plan and may impose such other reasonable conditions as he may deem in the public interest. No such permit shall be valid for a longer period than thirty (30) days after its date of issuance.

(Ord. No. 175.659, 4/10/61.)

* For state law concerning injury to trees and shrubs, see C. C., Sec. 3346; C. C. P., Sec. 733, 734; Pen. C., Sec. 600, 622; Sts. K H. C. A., Sec. 730.5.

No person shall interfere with the director of parks and recreation or persons acting under his authority, while engaged in planting, mulching, pruning, trimming, spraying, treating, removing or otherwise treating any tree or shrub in any street or public place or in the removal of any stone, cement or other substance from or about the trunk of any tree or shrub in any street or public place.

(Ord. No. 175.659, 4/10/61.)

The director of parks and recreation may inspect any street tree or shrub 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 of any person traveling on any street or public place and for such purpose may enter upon any private property at reasonable times and in a reasonable manner.

(Ord. No. 175.659, 4/10/61.)

No person shall:

a. 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 street tree or shrub nor on any sidewalk, road or pavement at a point from which such substances may, by lying upon or by flowing, dripping or seeping into such soil, injure such tree or shrub, nor to otherwise harm or kill any such tree or shrub.

b. Place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any tree or shrub, without prior written approval of the director of parks and recreation.

c. Build any fire or station any engine in any place in such a manner that the heat, vapors or fumes therefrom may injure any street trees or shrubs.

d. Permit any leak to exist in any gas pipe or main which may result in damage to any street tree or shrub.

(Ord. No. 175.659, 4/10/61.)

No person shall place, apply, attach or keep attached to any street tree or shrub or to a 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. No. 175.659, 4/10/61.)

During the erection, repair, alteration or removal of any building, house or structure in the city, the person in charge of such work shall provide good and sufficient guards and protective measures as shall prevent injury to any street tree or shrub in the vicinity of such work, arising out of or by reason of such erection, repair, alteration or removal.

(Ord. No. 175.659, 4/10/61.)

If, in the opinion of the director of parks and recreation, any tree, shrub or plant is hazardous to the traveling public or creates a hazard by impairing vision thereof or impedes the progress of the public on any street or public place, he may cause the same, or so much thereof as in his opinion is reasonably required so as to remedy such condition, to be trimmed or removed.

(Ord. No. 175.659, 4/10/61.)

a. The director of parks and recreation shall not trim or remove any tree, shrub or plant on private property except in the event of extreme urgency and imminent danger to persons or property, unless the owner or person shown as the owner upon the last equalized tax assessment roll, has been given notice of intent to do so. Such a notice shall be given by registered or certified mail, addressed to such owner at his last known address or at the address shown upon the last equalized tax assessment roll. A copy of such notice shall also be posted on the premises or in front thereof.

b. If the owner or occupant of the property shall, within ten (10) days, file written objection to such trimming or removal with the director of parks and recreation, such officer shall give such owner or occupant a reasonable opportunity to be heard in support of such objection before such trimming or cutting shall be performed. Such cutting or trimming shall thereafter be done only by written order of the director of parks and recreation, and the objector shall have three days' notice of such order before such work is commenced. If the objector shall, within such three (3) day period, file a written appeal from such order with the parks and recreation commission, the proposed work shall not be done until the matter has been determined by the parks and recreation commission and, in the event of an appeal therefrom to the city council, filed within three (3) days of such determination in open meeting, until the matter has been finally determined by the city council.

(Ord. No. 175.659, 4/10/61.)

Nothing contained in Sec. 32.11 to 32.13 of this chapter 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. No. 175.659, 4/10/61.)

Owners of private property shall be responsible for watering street trees and shrubs in streets, parkways or other public places abutting such private property. The city can or may water such trees or shrubs at the discretion of the parks and recreation department.

(Ord. No. 175.659, 4/10/61; Ord. No. 11.71, 4/12/71.)

The following are declared to be public nuisances:

a. Any dead, diseased, infested or dying trees on public or private property so near to any street as to constitute a danger to street trees or streets or portions thereof.

b. Any tree or shrub, or part thereof, which is unsafe and constitutes a hazard to the life, health or safety or property of the public or constitutes a center of infection for disease or insects which may endanger the health or life of other trees or shrubs.

c. Any tree or shrub on any private or public property which is of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees or other official street trees, gutters, sewers, other public improvements including utility mains, pipes or lines or their appurtenances.

d. Vines or climbing plants growing into or over street trees, public hydrants, poles or electroliers.

e. Existence of any tree on private or public property within the city limits that is infested, infected or in danger of becoming infested or infected with objectionable insects, scales, fungus or growth injurious to trees.

f. Thorny shrubs and plants or foliage of any type which would tend to catch the clothing of a pedestrian using the street or sidewalk.

g. Shrubs and plants more than twelve (12) inches in height in any parkway strip between the curb and the sidewalk, measured from the top of the curb grade.

(Ord. No. 175.659, 4/10/61.)

It shall be the duty of the owner of the property wherein or whereon any such nuisance exists to abate such nuisance by destroying, removing or trimming the growth by spraying or by other usual means of abatement.

(Ord. No. 175.659, 4/10/61.)

a. If any property owner fails or refuses to abate any nuisance as defined in Sec. 32.16 hereof, the city council may, after report and request filed with the city council by the director of parks and recreation, adopt a resolution requiring such property owner to abate such nuisance by removal or destruction at his cost and expense within time specified in the resolution, a copy of which resolution shall be served on such property owner personally or by registered or certified mail; if the removal or destruction is not made by such owner within the time specified, the director of parks and recreation may forthwith enter upon the premises whereon such nuisance exists and abate the same.

b. When the city has abated any such nuisance, the director of parks and recreation shall promptly determine the cost thereof to the city, and such costs, plus accrued interest at the rate of six (6) percent per annum from the date of the completion of the work, shall be paid by the owner to the city within thirty (30) days of completion.

c. Where the full amount so due the city is not paid by such owner within such thirty (30) days after completion, then, and in that case, the director of parks and recreation shall cause to be filed in the office of the county auditor a sworn statement showing the cost and expense incurred for the work, the date the work was done and the location of the property on which such work was done. The recordation of such sworn statement shall constitute a lien and privilege on the property and shall remain in full force and effect for the amount due in principal and interest, plus costs of court, if any, for collection until final payment has been made. Such costs and expenses shall be collected in the manner fixed by law for the collection of taxes and, further, shall be subject to the delinquent penalty of ten (10) percent in the event same is not paid in full on or before the date the tax bill upon which such charge appears become delinquent. Sworn statements filed in accordance with the provisions thereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and shall be full notice to every person concerned that the amount of the statement, plus interest and penalties, constitutes a charge against the property designated or described in the statement and that the same is due and collectible as provided by law.

(Ord. No. 175.659, 4/10/61.)

The resolution mentioned in Sec. 32.18(a) shall not be passed until the property owner is given at least five (5) days' notice that a report of the director of parks and recreation and a request for adoption of such resolution has been filed with the city council. Such notice shall be given by the director of parks and recreation by registered or certified mail to the owner or the person shown as the owner upon the last equalized tax assessment roll; a copy of the notice shall be posted upon the property or in front thereof. The mailing and posting shall be made at least five (5) days before the resolution is adopted, and proof thereof shall be made by affidavit of the director of parks and recreation filed with the city clerk.

(Ord. No. 175.659, 4/10/61.)

a. Except to abate a nuisance as defined in Sec. 32.16, or to perform official duties required by this chapter, it shall be unlawful to damage, destroy or mutilate any street tree or shrub without a permit from the director of parks and recreation so to do.

b. No person shall, without a permit from the director of parks and recreation:

1. Pick the flowers or seeds of any street tree or shrub; or

2. Dig in or otherwise disturb grass areas or flower beds in public streets or places, or in any way injure or otherwise impair the natural beauty or usefulness of any such area.

(Ord. No. 175.659, 4/10/61.)

The remedies prescribed in this article are in addition to all other remedies provided or authorized by law.

(Ord. No. 175.659, 4/10/61.)