Chapter 12.16 — TREES AND OTHER PLANTS

* For statutory provisions regarding municipal programs of street tree plantings, see Gov. Code §40401.

This chapter shall be known as the "tree ordinance" and may be cited as such.

(Ord. 80-NS §1, 1954).

"Superintendent" means the superintendent of parks and streets of the city or any of his authorized deputies.

(Ord. 80-NS §2, 1954).

It shall be the duty of the superintendent to plant, trim, prune and care for all trees, shrubs or plants and to remove all objectionable trees, shrubs or plants in and upon any street, park, pleasure ground, boulevard, alley or public place of the city, subject to the approval of the city council. Subject to said supervision the superintendent shall have the power to designate the kind or variety of trees, shrubs or plants to be planted upon any street, park, pleasure ground, boulevard, alley or public place of the city, provided however, that the owners of property fronting on any street, alley or public place may petition the city council of the city that such trees, shrubs or plants shall be a certain kind or variety, but such petition shall be merely advisory to the action of the city council.

Street trees shall not be planted in any parking less than five and one-half feet wide without the prior approval of the city council.

(Ord. 80-NS §3, 1954).

No person, firm or corporation shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city without a permit therefor from the superintendent. The superintendent is authorized to grant such permit in his discretion and, where necessary, subject to the condition that the removed tree be replaced by an official tree meeting the specifications of the park department of the city. No such permit shall be valid for a longer period than thirty days after its date of issuance.

(Ord. 80-NS §4, 1954).

Any person, firm, or corporation maintaining any overhead wires or any pipes or underground conduits along or across any street, park, pleasure ground, boulevard, alley, or public place of the city, desiring to have any tree, shrub, or plant cut, trimmed, pruned or removed may file with the superintendent a written request that such work be done and such request shall describe the work desired to be done and it shall be within the discretion of the superintendent to require a written agreement upon the part of the petitioner to pay the cost thereof and to do such work in the way stipulated by the superintendent before the issuance of any permit hereunder.

(Ord. 80-NS §5, 1954).

No person, firm, or corporation shall interfere with the superintendent or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the city, or in the removing of any stone, cement or other substance from about the trunk of any tree, shrub or plant in any such street, park, pleasure ground, boulevard, alley or public place.

(Ord. 80-NS §6, 1954).

No person, firm or corporation shall cause, authorize or procure 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 tree, shrub, or plant in any street, park, pleasure ground, boulevard, alley or public place of the city or onto any sidewalk, road, or pavement within the city at a point from which such substance may be lying upon or flowing, dripping or seeping into such soil, injure such tree, shrub, plant, or to otherwise harm or kill any such tree, shrub or plant. No person, firm or corporation without the approval of the superintendent shall 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, shrub, or plant in any street, park, pleasure ground, boulevard, alley or public place of the city.

(Ord. 80-NS §7, 1954).

No person, firm or corporation, without the permission of the street superintendent of the city, shall attach or keep attached to any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or other public place of the city, or to the guard or stake intended for the protection thereof, any wire, rope, sign, or any other device whatsoever.

(Ord. 80-NS §8, 1954).

During the erection, repair, alteration or removal of any building, house or structure in the city, no person, firm or corporation in charge of such work shall leave any tree, shrub, or plant in any street, park, pleasure ground, boulevard, alley, or public place of the city in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to said tree, shrub or plant arising out of or by reason of said erection, repair, alteration or removal.

(Ord. 80-NS §9, 1954).

When the erection, repair, alteration or removal of any building, house or structure necessitates the trimming, pruning or removal of any tree, shrub or plant on any street, park, pleasure ground, alley or other public place of the city, except any trimming, pruning or removal required by the construction of a residential driveway, it shall be within the discretion of the superintendent to refuse permission to do such work. Applications for a permit to trim, prune or remove any tree or plant on any of the abovementioned places for the abovementioned reasons shall be filed with the superintendent at least three days prior to the time of doing such work. The superintendent may stipulate the conditions upon which any trimming, pruning or removal may be done and may require the applicant to enter into an agreement whereby the applicant shall agree to pay all costs incurred for any inspection, labor, equipment or service deemed necessary by the superintendent.

(Ord. 80-NS §10, 1954).

No person, firm or corporation shall move any building, house, or portion thereof without notifying the superintendent at least three days in advance of such moving. Said notice shall designate the route to be followed and all other details pertinent to such work. The superintendent shall have the authority to change such route and designate one which in his opinion will cause the less damage to trees, shrubs, or plants owned by the city along and adjacent to the route. If necessary to protect such trees, shrubs or plants, the superintendent may require that the house, building or portions thereof be cut into segments small enough to fit the available width between such trees, shrubs or plants along the designated route. As a condition to approving any route for the moving of any building, house or portion thereof, the superintendent may require the person, firm or corporation doing such work to enter into an agreement to pay all costs incurred for any labor, equipment or material used to protect or preserve such trees, shrubs or plants either before or after such moving.

(Ord. 80-NS §11, 1954).

A.

The superintendent may inspect any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the city to determine whether the same or any part thereof is in such condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on said street, park, pleasure ground, boulevard, alley or public place, and he may cause the same or such part or parts thereof as are hazardous or an impediment to be trimmed or removed so as to remedy such condition. However, no such tree, shrub or plant standing on any private property shall be cut down or removed unless ten days' notice in writing of this intention shall be given by the superintendent to the owner, occupant or agent of said property upon which described condition exists. If the owner, occupant or agent of such private property within seven days after receipt of such notice files his objection to such removal with the superintendent, such tree, shrub, or plant shall not be cut down or removed unless the superintendent gives such owner, occupant or agency a reasonable opportunity to be heard in support of such objection. If such objection is not sustained, the superintendent shall thereafter approve in writing the cutting down or removal of such hazardous or impeding tree, plant or shrub.

B.

Nothing contained herein 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 impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the city.

(Ord. 80—NS §12, 1954).

Any person, violating any of the provisions of this chapter or who causes, allows or permits any violation of this chapter, shall be guilty of an infraction, and upon conviction thereof shall be punishable as set forth in Section 1.16.010 of this code.

(Ord. 02-02 §29, 2002: Ord. 80—NS §10, 1954).