Chapter 12.32 — STREET TREES AND SHRUBS

For the purpose of this chapter certain words and phrases are defined and certain provisions shall be construed as herein set out, unless it shall be apparent from the context that they have a different meaning:

"Boats" means and includes canoes, rowboats, sail boats, hydro-planes and any and all other watercraft.

"Improvement" when used in this chapter in reference to trees or shrubs, means and includes the planting, removal or maintenance of same, and any or all acts necessary thereto.

"Maintenance" or "maintain," when used in this chapter in reference to trees or shrubs, means and includes clipping, spraying, fertilizing, irrigating, propping, treating for disease or injury, and any other similar acts which promote the life, growth, health or beauty of such trees or shrubs.

"Public street," when used in this chapter means and includes all public streets, avenues, highways, alleys, walks and lanes in the city.

(Prior code § 6-3.01)

The City Manager shall have full power and authority over the planting, removal and maintenance of trees and shrubs in or upon any public street or public grounds and shall have the right and power to establish rules and regulations relating thereto. The City Manager or his or her delegated representative shall have the power to cause the trimming or removal of any tree or shrub in or upon any public street or public grounds which is diseased or is endangering or which may endanger the security or usefulness of any public street, sewer or sidewalk.

(Prior code § 6-3.02)

Any tree or shrub growing partially in any public street or sidewalk, or on a private estate and overhanging or projecting into any such street, and which is endangering, or which may in any way endanger, the security or usefulness of any public street, sewer or sidewalk, or any tree or shrub growing wholly on a private estate but which because of its physical condition, height, angle of lean, or other factor, which is endangering, or may in any way endanger, the security or usefulness of any public street, sewer or sidewalk, is declared to be a public nuisance. The City Manager of the city or his or her delegated representative may remove such tree or shrub, or such parts thereof as are liable to fall or are dangerous or an obstruction; provided, that except in case of manifest public danger and immediate necessity, no such tree or shrub located upon a private estate shall be wholly cut down or removed unless ten days' notice in writing shall be given personally or by certified mail by the City Manager or his or her delegated representative to an owner as set forth in the last equalized assessment rolls used by the city, and occupant, or agent of the private estate most immediately affected by such cutting or removal; and if any owner, occupant or agent of such estate shall, within seven days after the giving of such notice, file with the Parks and Recreation Commission of the city his or her objections in writing to such removal, such tree or shrub shall not be cut down or removed unless said Commission shall give such owner or other proper person who has made said objection a reasonable opportunity to be heard in support of such objection, and shall thereafter notify the City Manager, in writing, of its decision in the matter. If the Commission overrules the objections and approves the cutting down or removal of such tree or shrub or portion thereof, the City Manager or his or her delegated representative shall forthwith have such tree or shrub or portion thereof cut down or removed.

(Prior code § 6-3.03)

The city shall be reimbursed by the owner, occupant, or agent of such estate for all costs incurred by the city in the removal of said dangerous tree or shrub located upon a private estate. Upon completion by the city of the abatement of said dangerous tree or shrub, the City Manager or his or her delegated representative shall cause written notice to be given to the occupant and owner as set forth in the last equalized assessment rolls used by the city or agent of such estate, personally or by certified mail, showing the itemized cost of such abatement and giving notice of the day, hour and place when the City Council will hear and pass upon a report of the City Manager or his or her delegated representative of the cost of the abatement, together with any objections or protests, if any, which may be raised by said owner, occupant or agent.

(Prior code § 6-3.031)

Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the City Manager or his or her delegated representative and shall hear such evidence as may be presented by any interested party. Thereupon, the City Council may make such revision, correction or modification in the report as it deems just and shall thereafter confirm by resolution the report as submitted, revised, corrected or modified. The decision of the City Council shall be final. If the amount of the expense to the city as confirmed by the City Council is not paid by the owner, occupant or agent or said owner within fifteen (15) days after such confirmation by the City Council, said amount shall constitute a lien on said real property and the City Manager or his or her delegated representative shall record in the Office of the County Recorder of the county of Alameda, state of California, a certificate substantially in the following form:

NOTICE OF LIEN

Pursuant to the authority granted by Resolution No.__________ C.M.S. of the City Council of the City of Oakland, adopted on the _____ day of __, 19, and the provisions of Section 12.32.030 of the Oakland Municipal Code, the City Manager did on the ___ day of , 19, cause a dangerous (tree- shrub) located upon the hereinafter described real property to be removed at the expense of the owner, occupant or agent thereof, in the amount of $, and that said amount has not been paid, nor any part thereof, and the City of Oakland does hereby claim a lien upon the hereinafter described real property in said amount, and the same shall be a lien upon said real property until said sum with interest at the rate of 6% per annum, from the date of the recording of said notice, has been paid in full and discharged of record. The real property hereinabove mentioned and upon which a lien is claimed is that certain piece or parcel of land lying and being in the City of Oakland, County of Alameda, State of California, and particularly described as follows, to-wit:

(insert description of property)

Dated this ___ day of __, 19.

CITY OF OAKLAND

By _____

City Manager

and the same shall be a lien against the property described therein until the amount thereof, plus accrued interest from and after the date of the recording of said notice of lien, has been paid in full. All persons shall be deemed to have had notice of the contents thereof. The amount of such lien shall draw interest at the rate of six percent per annum from the date of recordation of said lien in the Office of the County Recorder.

(Prior code § 6-3.032)

It is unlawful for any person to make any tree or shrub improvement, or to destroy, deface or mutilate any tree or shrub in and along any public street, or to attach or place any rope, wire, sign, poster, handbill or other thing to or on any tree growing in any public street, or any guard or protection of such tree, or to cause or permit any wire charged with electricity to come in contact with any such tree, without having first obtained a written permit therefor from the Director of Parks and Recreation of the city.

(Prior code § 6-3.04)

The Board of Park Directors may authorize the Superintendent of Parks, or any other officer under its jurisdiction, to issue permits in this chapter required to be secured from the said Board and notices in this chapter required to be given. Every permit granted under Section 12.32.070 shall specifically prescribe the work to be done under it and shall expire sixty (60) days from its date. Any permit granted may be revoked by the Board of Park Directors at any time upon satisfactory proof to said Board that the privilege thereunder is being abused.

(Prior code § 6-3.06)