Port Hueneme Municipal Code Ch. 2 Parkway Trees

Footnotes:

--- (2) ---

Editor's note— Ord. No. 716, § 1, adopted August 4, 2014, amended Chapter 2 in its entirety to read as herein set out. Former Chapter 2, §§ 6040—6046, pertained to similar material.

For the purpose of this Chapter certain terms and words are hereby defined as follows:

(a) "Director" means the City Manager or his/her designee;

(b) "Maintain" or "Maintenance" means and includes, but is not limited to, chipping, spraying, fertilizing, staking and tying, treating for disease or injury, and any other similar acts, which promote the life, growth, health, or beauty of trees;

(c) "Parkway" means those strips of land between lot lines and portions of abutting public streets utilized for vehicular traffic, which are owned by the City in fee, or, as to which the City has an easement for public street purposes;

(d) "Public area" means parks, playgrounds, open space, and areas around public buildings or other areas maintained by the City;

(e) "Street" means any public street, avenue, boulevard, lane, walk, road parkway, right-of-way, or other public way, except alleys;

(f) "Parkway tree" is defined to include any tree planted for the purpose of providing shade or beauty to the street area;

(g) "Tree" means any tree planted or maintained by the City located in a parkway or in a public area.

(Ord. No. 716, § 1, 8-4-14)

(a) Tree Maintenance. The Director may direct the manner in which trees, shrubs, and other vegetation are planted, trimmed, pruned, cut removed, placed, and otherwise maintained in and along all public streets to ensure a coherent tree and plant palette consistent with the City's Landscape Design Guidelines.

(b) Kind and Spacing of Trees. The Director will identify a standardized type and variety of trees that may be placed in, upon, or along any street or portion thereof and the distance apart at which such trees will be planted consistent with the City's Landscape Design Guidelines.

(c) Improper Planting. Whenever any tree is planted or set out in conflict with the provisions of this Chapter, the Director may remove it in accordance with this Chapter. The cost of removal may be charged to the property owner responsible for the planting thereof.

(Ord. No. 716, § 1, 8-4-14)

(a) Planting Trees. The Director will cause trees to be planted in, upon, or along the streets of this City in accordance with all applicable laws and encourage the planting, care, and preservation of all such desirable trees.

(b) Records. The Director will prepare and maintain all necessary maps, plans, and records relating to the various functions carried on under this Chapter.

(c) Pest Control. The Director will properly control and remedy, by recognized methods, all insect pests and diseases which, if untreated, may permanently injure, disfigure, or kill any street tree or trees.

(d) Tree Guards. Tree stakes or guards may be placed around trees, providing the same are near the tree for protecting or training such tree and providing that no hazard to public safety is created.

(e) Protection from Injury. No person will pile building material, or other material, around any tree, plant, or shrub in a street in such a manner that will in any way injure the tree.

(f) Landscaping Plans. The Director will review landscaping plans for proposed developments and may require that trees be planted in any of the streets, parking lots, and other public places abutting the proposed development in accordance with zoning and the City Landscape Design Guidelines and tree policy.

(g) Administrative Policies and Procedures. The Director is authorized to promulgate administrative policies and procedures to implement this Chapter including requirements for a property owner to maintain vertical clearances of private property trees that hang over the parkway or street and requirements for a property owner to maintain private property trees that may adversely impact the parkway or street.

(h) Maintenance of Trees. The City shall be responsible for maintenance of all trees within public areas and for the trimming, only, of trees located in Parkways unless it is the City's interest to maintain and preserve the tree(s) as determined by the Director. Owners or persons in possession of each lot in the City shall properly maintain in parkways abutting such lots all plants, trees and other vegetation located therein.

(Ord. No. 716, § 1, 8-4-14)

The Director may remove or adjust trees in public areas or parkways if the Director determines that one (1) or more of the following conditions exist:

(a) If a tree is dead, in severe physical decline, or if there is splitting or cracking of major limbs or the tree trunk, or if the tree appears dangerous or obstructive to public safety or travel that cannot be reasonably mitigated without removing the tree.

(b) If the tree is incurably infected with a disease which will permanently injure, disfigure, or kill it.

(c) If there is conflict between tree roots and underground utility lines that cannot be reasonably mitigated without removing the tree.

(d) If tree growth results in sidewalk, curb, or gutter disruption that cannot be reasonably repaired without removing the tree or if the disrupted flat work cannot be reasonably withdrawn or modified to provide more tree growth area.

(e) If the Director determines that a specific tree is an inappropriate species, which was not permitted by the City, or obstructs implementation of the City's Landscape Design Guidelines Master Street Tree Plan.

(f) When the Director determines that tree removal or adjustment is justified to otherwise protect public health, safety, or welfare.

(Ord. No. 716, § 1, 8-4-14)

Whenever the owner or person in possession of a lot desires to have a tree removed from an abutting parkway located off a residential collector street or cul-de-sac, said person shall file a written request for consideration by the Director. If the tree is found to be in good condition or any impact can be reasonably repaired or mitigated without removing the tree, then the request is deemed solely for the convenience of the applicant, and the full cost of such removal and replanting, shall be borne by the person making such request and the estimated amount, as determined by the Director, shall be paid to the City before removal and replanting shall take place. The Director may determine that tree replacement for a removed tree is not required due to underground utility conflicts, lack of room, or similar site characteristics.

(Ord. No. 716, § 1, 8-4-14)