12.28 — STREET TREES

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Curb" means a concrete or asphalt edging which defines the edge of paved street and may, but need not, provide drainage;

"Ground cover" means any plant less than 12 inches in height;

"Gutter" means a depressed, hard-surfaced area for conveying surface water;

"Hedge" means any group of shrubs planted in line or in groups so that the branches of any one plant are intermingled or contact the branches of any other plant in the line or group;

"Landscape maintenance" includes, but is not limited to, maintaining trees, shrubs, hedges and ground covers, through deep root watering; root pruning; installation of root barriers; clearance and structural trimming; fertilization; pests control; removal of branches, leaves and other debris whether dead or dying; removal, filling, and replacement of landscaping within parkways; and all other work necessary to ensure the tree, shrub, hedge or ground cover does not create a dangerous condition;

"Parkway" means that area from the back of the curb to the edge of the right-of-way, or if no curb exists, that area from the edge of the pavement to the edge of the right-of-way;

"Person" means any individual, firm, association, organization, partnership, business, trust company, corporation or other entity;

"Property owner" or "owner" means any person holding title to real property abutting upon a right-of-way, or any agent thereof, as well as any person who has the legal right to occupy the property to the exclusion of others. For purposes of this chapter, prime responsibility for compliance shall rest upon whichever of such persons is the occupant or user of the property, and the ultimate responsibility shall rest upon the property owner;

"Public place" means any real property owned by, leased to, or under the control of the City of Orange or any other public entity;

"Right-of-way" means the entirety of that area dedicated for public street and highway purposes;

"Shrub" means a bush, or plant more than 12 inches but not more than six feet tall. A shrub shall not include a hedge;

"Sidewalk" for purposes of this chapter means any improved or unimproved pedestrian walkway within a right-of-way adjacent to a street;

"Street" for purposes of this chapter means the portion of a right-of-way dedicated to the City of Orange, the County of Orange, or the State of California, whose primary function is to carry vehicular traffic;

"Street tree" means all varieties of trees and shrubs located within all or any portion of a rightof-way including the parkway;

"Tree" means any growing plant exceeding six feet in height, whether planted singly or as a hedge.

(Prior code 7910; Ord. 9-66; Ord. 3-97)

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.28.020

§ 12.28.060

No person shall plant, or remove, any tree or shrub, stakes or tree guards in, or upon, any public street or right-of-way, without having first obtained a permit as required by this chapter. (Prior code 7910.1; Ord. 9-66; Ord. 3-97)

The following requirements shall apply to the planting, removal, and landscape maintenance of trees and shrubs within the parkway of a street:

• A. The Public Works Director/City Engineer is authorized and directed to prepare and file in his office, standard specifications for the planting, removal and maintenance of street trees within the parkways of public streets;

• B. Every person planting or arranging for the planting of street trees shall obtain a permit required by this chapter from the Director of Public Works/City Engineer and perform the work in accordance with the specifications prepared by the Public Works Director/City Engineer;

• C. Every person removing or arranging for the removal of a street tree shall obtain a permit required by this chapter from the Director of Public Works/City Engineer and perform the work in accordance with the specifications prepared by the Public Works Director/City Engineer.

(Prior code 7910.2; Ord. 9-66; Ord. 35-81; Ord. 3-97)

Fees for permits, required by this chapter shall be fixed by resolution of the City Council. Such resolution shall be on file in the office of the City Clerk for public inspection. The resolution may be amended, modified, altered or repealed at the discretion of the City Council, provided that any modification or new resolution which may be adopted shall likewise be on file with the City Clerk as provided for herein.

(Prior code 7910.3; Ord. 9-66; Ord. 3-97)

Any person doing business as a public utility, subject to the jurisdiction of the Public Utilities Commission of the State, and any duly constituted public agency, authorized to provide and providing utilities service, may be issued a permit, valid for one year from the date of issuance permitting such person to trim, brace, remove or perform other such acts with respect to street trees or trees which grow on private property and encroach upon rights of way or public places as may be necessary to comply with the safety regulations of the commission and as may be necessary to maintain the safe operation of its business. (Prior code 7910.6; Ord. 9-66; Ord. 3-97)

Before a permit may be issued under the provisions of this chapter, to any person engaged in the business of removing trees in the City, the person shall file a certificate showing adequate public liability and property damage insurance; the amount shall be fixed by the Director of Public Works/City Engineer before the permit is issued. Such policies or certificates shall be filed with

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City of Orange, CA § 12.28.060

ORANGE CODE

§ 12.28.110

the City Clerk showing the City as an additional insured. (Prior code 7910.7; Ord. 9-66; Ord. 35-81; Ord. 3-97)

As a condition of approval of the tentative map of any subdivision, or the approval of and division of real property, the subdivider or owner of the property, as the case may be, shall provide for the planting and maintenance of trees in accordance with standards adopted by the Department of Public Works.

(Prior code 7911; Ord. 9-66; Ord. 3-97)

An agent of the City may inspect any tree or shrub adjacent to or overhanging any public street in the City to determine whether the same, or any portion thereof, is in such condition as to constitute a hazard or impediment to the progress of vision of anyone traveling on such public street. Any tree or shrub or part thereof growing upon private property, but overhanging or interfering with use of any right-of-way that endangers the life, health, safety or property of the public, shall be declared a public nuisance. If the owner of such private hedge property does not correct or remove such nuisance within 10 days after receipt of written notice thereof from the City, the City shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.

(Prior code 7912; Ord. 9-66; Ord. 3-97)

No unauthorized person shall injure, deface or destroy any tree or shrub in the planting strip areas by any means, including but not limited to, the following:

• A. Constructing a concrete, brick or other approved sidewalk or otherwise filling the ground area around any tree so as to shut off light, air or water from the roots;

• B. Piling building materials, equipment or other substance around any tree so as to cause injury;

• C. Pouring any deleterious matter on or around any tree or on the ground, or on any lawn in such a manner as to damage the tree;

D. By cutting, breaking, defacing or damaging in any manner whatsoever. (Prior code 7913; Ord. 9-66; Ord. 3-97)

The City Council, by resolution, shall establish a list of recommended street trees. This list shall be periodically reviewed by the Director of Public Works/City Engineer and may from time to time be modified by the City Council. Only trees on this recommended list may be planted on any public street, parking strip, public right-of-way, parkway, or where said trees may overhang on any public street.

(Prior code 7914; Ord. 9-66; Ord. 35-81; Ord. 3-97)

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.28.110

§ 12.28.140

The City Council may, by resolution, adopt a uniform master street tree plan and from and after its adoption said plan shall be adhered to in all future street tree planting improvement projects, and in the removal and replacement of trees or shrubs on streets or rights-of-way. Such resolution shall be in pamphlet form, three copies of which shall be on file in the office of the City Clerk for public inspection. Such resolution may be amended, modified, altered or repealed at the discretion of the City Council; provided, that any modification or new resolution which may be adopted shall likewise be on file with the City Clerk as provided for herein. (Prior code 7915; Ord. 9-66; Ord. 3-97)

Any person aggrieved by the action of the Director of Public Works/City Engineer, acting under this chapter, may appeal, by written application to the Department of Public Works, if such appeal is filed with the Public Works Department within 15 days of the Director of Public Works/City Engineer's decision. If the appeal application is denied by the Director of Public Works/City Engineer, the applicant may appeal the decision to an ad hoc committee composed of the Director of Community Services, Director of Community Development or their designees, a member of the City Manager's office, a certified arborist from the community and a City Council representative, if such appeal is filed within 15 days of the Director of Public Works/City Engineer's decision. If the appeal application is denied by the ad hoc committee, the applicant may appeal the decision to the City Manager, pursuant to the provisions of Section 5.10.045 of this code. The decision of the City Manager shall be final. (Prior code 7916, 7916.1; Ord. 9-66; Ord. 3-97)

A violation of this chapter is considered a misdemeanor punishable as prescribed by Section 1.08.010 of this code.

(Ord. 3-97)

In addition to the penalties provided in Section 1.08.010, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be summarily abated as such by the City, as provided in Section 1.08.020 of this code. (Ord. 3-97)

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City of Orange, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.32.010

§ 12.32.020