Pomona Municipal Code § 46-468 Infested or infected trees; inspection and removal of trees, shrubs or…

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Commission means the parks and recreation commission.

Maintain and maintenance include the entire care of trees, as well as the preparation of grounds, fertilizing, mulching, spraying, trimming, pruning, topping and root control, but not watering unless specifically so stated.

Mixed pattern means all proper spaces filled with trees of approved varieties.

Plan means the master street tree plan of the city.

Planting, when used in a comprehensive sense, includes planting and replacement.

Planting strip means that area capable of being planted between the curb or the place where the curb should be and the property line, and such squares and places as traffic divider strips or islands.

Uniform pattern means all proper spaces filled with trees of the same approved varieties.

(Code 1959, § 18-35; Ord. No. 1723, § 2; Ord. No. 2666, § 1; Ord. No. 2675, § 16)

Cross reference— Definitions generally, § 1-2.

This article is intended to and does give full advisory authority to the parks and recreation commission over any and all trees, plants and shrubs planted and growing or to be planted and grown upon any and all of the public streets and planting strips in the city, subject to final approval of the council.

(Code 1959, § 18-47; Ord. No. 1723, § 2)

(a) For the purpose of coordination and facilitating the carrying out of all street improvements with the proper provision for multiple uses, all plans and specifications for street planting proposed by the parks and recreation commission shall be submitted to the planning department and the director of public works/city engineer for their recommendations. Their recommendations shall take precedence as to the construction, reconstruction and maintenance of any street; providing, however, that all due regard and provision shall be made in any plan for the keeping of existing trees in a healthy condition. The recommendations shall be made within 30 days after receipt of plans and specifications from the commission. If the department of public works and planning division take no action within the time specified, their inaction shall be deemed to mean approval.

(b) For the purpose of facilitating a program of improvement and development of subdivision tracts and fringe areas, the commission shall invite suggestions from and shall cooperate with all city departments, with the street tree and beautification committee and all other groups interested in city beautification.

(Code 1959, § 18-46; Ord. No. 1723, § 2; Ord. No. 2675, § 21)

(a) The parks and recreation commission shall develop and recommend to the council a comprehensive plan for the planting and maintaining of trees in the streets within the city. This plan shall be referred to as the "street tree plan" and shall be officially certified as the master street tree plan upon its adoption by the council.

(b) The commission is hereby charged with the duty of advising the community services director and the council concerning the types and varieties of trees for planting along the streets. Recommendations as to a uniform method of street tree planting, the zoning of certain streets for certain specimens of trees, selecting suitable types for residential areas and special types of trees for commercial areas, intervals between such trees and the place where each tree is to be planted shall be made by the commission after consultation with competent authorities. Prior to such determination the commission shall hold a public hearing on the matter. Notice of the public hearing shall be by postcard to the affected property owners or by newspaper publication at least ten days in advance, giving the time and place of the hearing. When such determination has been made, the commission shall report its determination in writing to the director in a report to be designated "Master Street Tree Plan, Pomona, California." Such report, when endorsed by the director, shall be forwarded to the council for approval by resolution and placed on file in the office of the city clerk. After such filing the report shall be the official determination of the street trees for that block. Such report, if not endorsed by the director within 30 days, may be presented directly to the council as a recommendation of the commission. Prior to presentation of a master street tree plan, segmented street tree plans may be presented and approved by the commission and the council. After the acceptance of the master street tree plan, subsequent reports covering the same subject, each of which shall be complete in itself, shall also be filed in the office of the city clerk and become a part of the master street tree plan.

(c) The commission, with the assistance of the department of public works and the planning division, shall from time to time prepare subsequent plans which shall designate, by means of a complete map of the city streets, zoning of certain streets, for certain specimens of trees.

(d) When the plan in its original or modified form is adopted by resolution of the council, it shall become the official master street tree plan for the city streets and shall be strictly adhered to in all future street planning projects unless modified by subsequent resolution.

(e) The parks division shall maintain a current list of approved ground covers and plantings for planting strips. Use of plant materials other than those listed shall be by prior approval of the director of community services. No planting, construction or excavating which endangers pedestrian or vehicular traffic shall be permitted in planting strips. No surfacing material, such as asphalt, gravel, etc., may be used without prior approval of the public works director. No vines or other plant materials shall be allowed to grow on any street tree. The placing of temporary protection for new lawns or trees or the provision of watering basins shall not be considered a violation of this section.

(f) It shall be the consistent purpose of the commission to encourage and develop the planting of the proper type of trees along all the city streets. The commission may recommend the removal and replacement of trees which do not conform with the approved pattern. Prior to such recommendation being made, the commission shall hold a public hearing on the matter. Notice of the public hearing shall be by postcard to affected property owners or by newspaper publication at least ten days in advance, giving the time and place of the hearing to consider removal or replacement of trees along any one block. Trees shall be planted at proper intervals. The commission shall recommend the planting of trees in all vacant spaces, and a replacement of an approved variety shall be planted for each tree and shrub which is removed, to conform with and to develop the approved pattern.

(g) Any changes in the streets, including alterations in street widths or rezoning of areas, shall include allowances for planting areas and specifications for planting and landscaping of such areas. The planting and landscaping of such areas shall be integrated into such changes and alterations before the alterations and changes are approved or made.

(h) When the planting strip is situated between the inside edge of the sidewalk and the property line, an easement of six feet behind the sidewalk shall be retained or obtained where possible. Where easements are granted in this pattern, trees may be planted therein.

(i) A petition addressed to the commission bearing the signature of not less than 51 percent of the property owners of any one block may be filed with the commission, requesting a change in the approved variety of trees in the planting strip adjacent to their property. Should such a change be granted all expenses of such change shall be borne by all the petitioning property owners requesting such change; all such work shall be done under the supervision of the director of community services.

(j) The city hereby assumes full responsibility for a replacement of trees program whereby all trees along city streets throughout the city shall be removed by the park division if such trees are found by the director of community services to be dead, diseased or in a dangerous condition likely to cause damage not due to negligence. The city, at its own expense and in accordance with this article, shall replace all trees so removed. The number of trees to be planted or replaced shall be determined by the director of community services upon recommendation of the commission.

(Code 1959, § 18-37; Ord. No. 1723, § 2; Ord. No. 2666, § 3; Ord. No. 2675, § 3)

A proceeding under the Tree Planting Act of 1931 (Streets and Highways Code § 22000 et seq.) for the planting, maintenance and removal of trees may be instituted by a petition to the city council by property owners whose property will be assessed to pay for the cost of the proposed improvement.

(Code 1959, § 18-38; Ord. No. 1723, § 2)

Appeals to the parks and recreation commission from orders of the director of community services may be made by filing a written notice thereof with the city clerk within seven days after such order is received, stating in substance that the appeal is being made from such order to the commission. The appeal shall clearly specify the reasons for which a hearing by the commission is requested. The city clerk shall thereupon forward the appeal to the commission at its next regular meeting, at which time the appellant and the director of community services may present evidence. Action taken by the commission after such hearing shall be conclusive and final.

(Code 1959, § 18-41; Ord. No. 1723, § 2; Ord. No. 2675, § 16; Ord. No. 2713, § 2)

(a) No person shall, without a written permit from the director of community services, remove, trim, prune or cut any tree upon the streets or planting strips. Such a permit shall be issued upon a showing of need and a further showing that there will be compliance with all ordinances. Upon such permit being granted to any person for the purpose of trimming, pruning, cutting or removing any trees, such trimming, pruning, cutting or removal shall be done under the general supervision of the director of community services. All stumps, including underground portions to a depth specified by the director of community services, shall be removed.

(b) Any person engaged in the business of removing city trees shall carry adequate public liability and property damage insurance, the amount to be fixed by the director of community services before the permit is issued. The insurance coverage so fixed shall be adequate to meet all potential liabilities. Such policies or certificates shall be filed with the city clerk.

(c) No person shall interfere or cause or permit any person to interfere with city employees who are engaged in the planting or maintaining, treating or removing of any tree in the planting strip or in the removing of any stone, cement or any substance in any such street, sidewalk, planting strip, alley or other public place in conjunction with tree planting or removal.

(d) No unauthorized person shall willfully injure or destroy any tree or plant material in the planting strip areas by any means, including, but not limited to, the following:

(1) Constructing a Portland cement, brick or other approved sidewalk or otherwise filling up the ground area around any tree so as to shut off light, air or water from the roots.

(2) Piling building material, equipment or other substance around any tree so as to cause injury.

(3) Pouring any deleterious matter on or around any tree or on the ground around it or on any lawn in such a manner as to damage the tree.

(4) Posting any sign on any tree, tree stake or guard; provided, however, that warning and parking signs and official notices of the city may, with the permission of and under the supervision of the director of community services, be installed on tree trunks which are suitably located.

(5) Injuring any tree, tree stake or guard with any vehicle, animal or in any other manner causing injury to any tree or lawn. The cost of repair of damage shall be borne by the responsible party or the owner of abutting property, where the person responsible for damage is not known.

(e) It shall be the responsibility of the owner of abutting property to water street trees adequately, except where tree death is due to inadequate watering due to compliance with government-imposed water use restrictions, in accordance with the following:

(1) The abutting property owner shall bear the expense of replacement of street trees where death is a result of insufficient water.

(2) Subdividers and their successors in interest shall be responsible for street tree watering and for replacement of trees where death is a result of insufficient watering prior to the time subsequent owners take possession of the property.

(f) Tree stakes or guards may be placed around trees by property owners, provided the stakes or guards are placed near a tree for the purpose of protecting or training such trees.

(Code 1959, § 18-39; Ord. No. 1723, § 2; Ord. No. 2675, § 14)

(a) The director of community services may order that any tree infested or infected be treated. If any trees are so infested or infected to such a degree that the conditions cannot be eradicated by treatment, the director of community services may order their removal and replacement from the officially approved list, after giving the affected property owners a notice in writing, at least ten days in advance, of the necessity for such removal or replacement.

(b) The director of community services shall also inspect any and all shrubs and plants which are in any city right-of-way or standing on any private property to determine whether any of shrubs and plants or any part thereof appears to be dead, liable to fall, dangerous or an obstruction to public travel. All such conditions are a public nuisance. If any tree, shrub or plant in any street in the city or any tree, shrub or plant standing on any private property overhanging or projecting into any street, sidewalk or public right-of-way appears to be dead, liable to fall, dangerous or an obstruction to public travel, the director of community services may cause the tree, shrub or plant or such part thereof as is dead, liable to fall, dangerous or an obstruction to public travel to be cut down and, if in the street, sidewalk or public right-of-way, to be removed therefrom. However, except for manifest danger to the public and immediate necessity, no trees or shrubs standing on any private property shall be cut down or removed unless ten days' notice, in writing, is given by the director of community services to the owner or occupant of such property. If the owner or occupant or agent of the owner or occupant of such property, within seven days after the receipt of such notice, files with the city clerk his objections, in writing, to such removal, such tree or shrub shall not be cut down or removed unless the director of community services gives such owner or occupant a reasonable opportunity to be heard in support of such objection and thereafter approves, in writing, the removal of the tree or shrub, if the objection is not sustained.

(c) Nothing in subsection (b) of this section shall be deemed to impose any liability upon any member of the commission or upon the city or upon any of its officers or employees nor to relieve the owner and/or occupant of any private property from the duty to keep trees and shrubs upon private property or under his control in safe condition.

(Code 1959, § 18-40; Ord. No. 1723, § 2; Ord. No. 2675, § 15)

State Law reference— Authority to define nuisance, Government Code § 38771.

If the director of community services or the parks and recreation commission, on appeal, does not sustain the objection of the owner or occupant pursuant to section 46-568 and the city removes the tree or shrub or otherwise abates the hazard which constitutes a nuisance, the cost of such removal or abatement shall be a lien upon the property upon which the tree or shrub was growing. The director of community services shall keep an itemized account of the expense involved in such abatement. He shall submit this itemized statement to the city clerk who shall send, by first class certified mail, return receipt requested, a copy of the statement to the person owning the land along with the notice of the time and place when and where the statement shall be submitted to the city council for approval and confirmation. At such time the city council shall consider any objections or protests, if any, which may be raised by the property owner liable to be assessed for the cost of such work, after which, by resolution, the report, as submitted or as ordered revised, corrected or modified by the city council, shall be confirmed and adopted. If the statement is not paid within 15 days after the passing of the resolution, it shall constitute a lien on the real property upon which the tree, shrub or plant was growing and shall be collected as a special assessment against the real property. The resolution shall further direct that the city clerk shall file with the county auditor and the county assessor and tax collector certified copies of the resolution and the statement adopted therein. The clerk shall direct the auditor to enter the amount of the charges against the real property described in the statement and resolution as it appears on the current assessment roll. The tax collector shall include the amount of the charges on the bills for taxes levied against the real property. Thereafter, the amount of the charge shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the city and shall be subject to the same penalties and interest upon delinquent payment. Abatement expenses shall be collected pursuant to Government Code § 38773.1 or 38773.5.

(Code 1959, § 18-41.5; Ord. No. 2713, § 1)

State Law reference— Nuisance abatement authorized, Government Code § 38773.

Any person having a right to maintain poles and wires in streets, alleys, planting strips and other public places shall keep such poles and wires free and away from any trees or shrubs, as far as possible, and shall, under the direction and supervision of the director of community services, properly trim such trees or shrubs so that no damage is done, including aesthetic, either to poles, wires, trees or shrubs, by contact therewith.

(Code 1959, § 18-42; Ord. No. 1723, § 2; Ord. No. 2675, § 17)

Where injury has been done to trees, shrubs, plant material, or other property, the city, through the office of the director of finance, shall bill and collect from the offending party all damages sustained by the city which shall include the cost of repair or replacement of trees and shrubs and other incidental expenses necessary to rectify the damage.

(Code 1959, § 18-43; Ord. No. 1723, § 2)