Porterville Municipal Code Art. II Parkway Trees

The purpose of this article is to promote and regulate the planting, long term care, maintenance, and protection of street trees within the city. (Ord. 1748, 11-18-2008)

For the purposes of this article, the words and terms used herein are defined as follows:

• CITY: The city of Porterville.

• COMMISSION: The city of Porterville parks and leisure services commission.

• CROWN DRIP LINE: The outer perimeter of a tree's canopy.

DIRECTOR: The city of Porterville parks and leisure services director.

PARKWAY: That area of the public right of way that is between the back of curb, or edge of pavement if no curb, and the right of way line that is not covered by sidewalk. A parkway can also mean a tree well that is within a sidewalk.

PARKWAY TREE: Any tree or other plant, other than ground cover, located within a parkway.

PERSON: Individuals, associations, corporations, public agencies, joint ventures, partnerships, contractors, and other agents or employees.

PROPERTY OWNER: The owner of property directly adjacent to the public right of way.

PUBLIC IMPROVEMENT: Any street paving, curbs, gutters, sidewalks, water pipes and appurtenances, sewer pipes and appurtenances, driveways or any other publicly owned facility located in a publicly owned street right of way, easement or on private property.

STREET: Any public street, way, place, alley or other public property owned or controlled by the city for the present or future use of pedestrians or vehicles.

STREET TREE: Any tree that is located within the public right of way, or any tree within a street tree easement in or adjacent to the public right of way.

TOP: The severe cutting back of limbs to stubs larger than three inches (3") in diameter within a tree's crown drip line to such a degree so as to remove the normal canopy and disfigure the tree. (Ord. 1748, 11-18-2008)

The city of Porterville is authorized to develop and administer guidelines for the care, preservation, pruning, planting, replanting, removal or disposition of street trees. These guidelines shall be adopted by resolution of the city council. The commission's recommendation shall be considered when adopting the guidelines. The guidelines shall include an authorized species list, spacing guidelines for each authorized species, specifications for street tree planting, and specifications for nursery stock quality of street trees. The guidelines shall be periodically reviewed and updated as needed. (Ord. 1748, 11-18-2008)

A. No parkway tree shall be planted by any person without prior approval in writing of the director.

B. It is unlawful for any person to plant or maintain any tree within ten feet (10') of any public sidewalk, street, or curb, exclusive of alleys, without approval of the director or as part of a discretionary permit approval. Any person planting or maintaining trees contrary to this section may be required, after notice and hearing by the commission, to remove said tree or perform such corrective measures as may be deemed necessary by the commission. (Ord. 1748, 11-18-2008)

A. Regulations: No street tree shall be altered, pruned, or removed except in accordance with the provisions of this article and the adopted street tree guidelines. No person shall cause any substance or material to be on or near a street tree which shall restrict its natural growth or shall cause it damage. No person, without the approval of the director, 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 parkway tree.

B. Attachment To Trees: No person, without the approval of the director, shall attach or keep attached to any parkway tree, or to the guard or stake intended for the protection thereof, any wire, rope, sign, or any other device whatsoever. (Ord. 1748, 11-18-2008)

Except as necessary to ensure public safety or as authorized by the director, no person shall top any street tree or other tree located on public property. Trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the discretion of the director. (Ord. 1748, 11-18-2008)

No person shall interfere with the director or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any parkway tree of the city, or in the removing of any stone, cement or other substance from about the trunk of any parkway tree. (Ord. 1748, 11-18-2008)

Street trees shall be protected to the extent possible from damage during construction, sidewalk repair, repair of utility structures and facilities above and below ground, and other similar activities by the person conducting the construction or activity. The zone of protection shall include the ground beneath the crown drip line of the tree. Protection measures shall be included in building permit applications when building permits are required for construction. (Ord. 1748, 11-18-2008)

All watering and trimming of street trees for maintenance and beauty shall be the responsibility of the adjoining property owner, unless these responsibilities are fulfilled by a funding program authorized by the city, such as, but not limited to, a homeowners' association or similar assessment district. (Ord. 1748, 11-18-2008)

Notwithstanding other provisions of this article, property owners shall keep street trees adjoining their property and all private trees trimmed up to a height of not less than twelve feet (12') over a street or alley, and up to a height of not less than ten feet (10') over the parkway and sidewalk. (Ord. 1748, 11-18-2008)

All street trees shall be pruned in accordance with American National Standards Institute (ANSI) A300 standards, as amended from time to time. A copy of the standards shall be maintained by the director and made available for review upon request. (Ord. 1748, 11-18-2008)

Property owners shall keep public rights of way adjacent to owner's property clear of debris. (Ord. 1748, 11-18-2008)

New plantings of street trees shall be in accordance with the street tree guidelines for nursery stock quality. (Ord. 1748, 11-18-2008)

Street trees removed by the director or by natural causes shall be replaced on site, on a one for one basis. The location and species of any replacement tree shall be determined by the director. (Ord. 1748, 11-18-2008)

All stumps of removed street trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. (Ord. 1748, 11-18-2008)

Repair and/or replacement of curb, gutter, and sidewalk damaged by a tree is the responsibility of the adjoining property owner. (Ord. 1748, 11-18-2008)

Repair and/or replacement of water lines and other water infrastructure, between the water meter and the structure, damaged by a tree shall be the responsibility of the adjoining property owner. (Ord. 1748, 11-18-2008)

Repair and/or replacement of sewer laterals damaged by a tree shall be the responsibility of the adjoining property owner. (Ord. 1748, 11-18-2008)

In new residential, commercial, and industrial developments, the developer shall plant street trees in the size, number, manner, and type required by the street tree guidelines and the city improvement standards. Funding for long term maintenance and care of the street trees, and repair to infrastructure damaged by the street trees, in new developments shall be provided through a homeowners' association or a similar assessment district. (Ord. 1748, 11-18-2008)

Street trees planted under utility lines shall be of an approved species specified in the street tree guidelines. (Ord. 1748, 11-18-2008)

The director shall have the right to plant, prune, maintain, spray and remove trees, plants and shrubs within public rights of way, as may be necessary to ensure public safety and pedestrian clearance, and the long term health of the trees. (Ord. 1748, 11-18-2008)

No person shall severely prune, remove, injure or interfere with any parkway tree without a permit therefor from the director.

A. The director may remove parkway trees at city expense for the following reasons:

• 1. Trees threatening an immediate hazard to persons or property;
• 2. Trees directly in the way of the construction of public improvements;
• 3. Dead trees.

B. The director may authorize the removal or alteration of parkway trees at the property owner's expense or at the expense of other than the city when said removal or alteration is, in the opinion of the director, necessary to permit the alteration, repair, demolition or moving of any structure.

• C. The commission may authorize the removal of parkway trees at city expense for the following reasons:

• 1. Dying, decayed or potentially hazardous trees;
• 2. Trees diseased beyond reclamation;
• 3. Trees causing a visual hazard to the traveling public;
• 4. Trees hosting economically undesirable insects or diseases.

D. The commission may authorize the removal of parkway trees at the expense of the property owner, or other than the city, for the following reasons:

1. For property improvement when the commission finds that a better or more suitable planting may be developed;

• 2. For thinning to proper spacing;
• 3. When the removal is for the purpose of repairing public improvements;
• 4. For a more desirable planting or conformance with the approved tree list.

E. The director shall advise the commission of all removals authorized by the director under this section.

F. It is the intention of the city council to facilitate the planting of new trees whenever trees are removed, and to bring about the repair of public improvements damaged by parkway trees. In order to effect these purposes the commission or director shall, whenever practicable, require the following actions to be performed by the affected person as part of any removal authorization:

1. Replacement of tree with a new tree of appropriate size;

2. Repair of any public improvements damaged by the tree to be removed.

The said replacement of tree or repair of public improvements specified in subsections A and B of this section shall be agreed upon in writing by the affected person prior to any removals hereunder, in a form approved by the city attorney.

G. The director may refer any matter within the scope of subsections A and B of this section to the commission as he deems appropriate.

H. All authorization for tree removals granted under this section shall be valid for thirty (30) days following the date of said authorization. (Ord. 1748, 11-18-2008)

A. The owners of lots or portions of lots fronting on any portion of a public right of way or parkway who have removed, or caused to be removed, any parkway tree shall, within thirty (30) days following notice to replace, cause said tree to be replaced with a variety of tree approved by this article.

B. Notice to replace may be given by delivering a written notice personally to the owner or to the person in possession of the property facing upon the parkway where said tree has been removed, or by mailing said written notice, postage prepaid, to the person in possession of such property, or to the owner thereof, at his last known address as the same appears on the last equalized assessment records of the city of Porterville or to the name and address of the person owning such property as shown in the records of the city clerk. Said written notice shall contain a notice to replace said tree and the director shall immediately upon mailing of the notice cause a copy thereof, printed on a card of not less than eight inches by ten inches (8" x 10") in size, to be posted in a conspicuous place on the property.

C. The notice shall particularly specify the types of trees that are permitted for replacement and in the event any public improvement has been damaged by the tree removal, the notice shall specify the work of public improvement that is to be done, how it is to be done and what materials shall be used in the repair; it shall further specify that if the tree is not replaced and the repair is not commenced within thirty (30) days after notice is given and diligently and without interruption prosecuted to completion, the director shall make such repair and replacement and the cost of the same shall be a lien on the property.

D. Upon completion of the replacement and repair by the city of Porterville, the director shall cause notice of the cost of repair and replacement to be given in the manner specified in this section for the giving of written notice, which notice shall specify the day, hour and place when the city council will hear and pass upon a report of the director of the cost of repair and replacement, together with any objections or protests, if any, which may be raised by any property owner liable to be assessed by the provisions of this section or any other interested person.

E. Upon completion of the repair and replacement, the director shall prepare and file with the city council a report specifying the trees which have been replaced and the public improvements which have been repaired, the cost of the tree replacement, the cost of the repairs, a description of the real property in front of which the repairs have been made or trees replaced, and the assessment against each lot or parcel of real property to be levied to pay the cost thereof. Any such report may include the cost of repairs or tree replacement of any number of parcels of property whether contiguous to each other or not.

F. Upon the day and hour fixed for the hearing, the city council shall hear and pass upon the report of the director together with any objections or protests which may be raised by any of the property owners liable to be assessed for the replacement of a parkway tree and for the work of making such repair and any other interested person. Thereupon the city council may make revision, correction or modification in the report as it may deem just, after which, by motion or resolution, the report as submitted or as revised, corrected or modified shall be confirmed. The city council may adjourn the hearing from time to time. The decision of the city council on all protests and objections that may be made shall be final and conclusive.

G. The cost of tree replacement and the cost of repair, if any, may be assessed by the city council against the parcel of property fronting upon the parkway where such tree has been replaced and repairs made, and cost so assessed, and if not paid within five (5) days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid or until it is discharged of record.

H. The director may file in the office of the county recorder of Tulare a certificate giving notice of the lien and a description of the real property so assessed and the amount of the lien.

I. The lien shall be collected at the time and in the manner as ordinary city taxes are collected and shall be subject to the same penalties and interest and to the same procedure under foreclosure and sale in case of delinquency as provided for ordinary city taxes. All laws applicable to the levy, collection and enforcement of city taxes and county taxes are hereby made applicable to such special assessment and lien. (Ord. 1748, 11-18-2008)

Any person maintaining any overhead wires, pipes, or underground conduits or appurtenances along or across any street desiring to have any parkway tree trimmed, pruned or removed in connection with the maintenance of its facilities may file with the director a written request that such work be done. Such request shall describe the work desired to be done, and it shall be within the discretion of the director 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 director before the issuance of any permit hereunder, including the replacement of any trees removed hereunder. (Ord. 1748, 11-18-2008)

The director shall have the right to prune a tree overhanging any street or right of way within the city so that branches shall not severely obstruct the light from any streetlamp or intersection, and so that there shall be a clear space of twelve feet (12') above street surface or ten feet (10') above the parkway and sidewalk surface. The director may enter upon and may prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight, or interferes with visibility of any traffic control device or sign or sight triangle at intersections. (Ord. 1748, 11-18-2008)

Tree limbs growing near overhead lines and utility facilities may be pruned to clear such facilities by the affected utility company in compliance with applicable franchise agreements with the city. (Ord. 1748, 11-18-2008)

If, in the director's opinion, a real and significant vehicular sightline or pedestrian obstruction or hazard is created by shrubs, hedges, and similar vegetation within the parkway, the adjoining property owner shall be required upon notification, to satisfactorily correct the situation within thirty (30) days. Upon failure of the property owner to comply with written notice, the director will cause such obstructions to be removed and will bill the property owner for all costs involved. (Ord. 1748, 11-18-2008)

The director shall establish a permit system to be used to authorize street tree removal. The director shall use his or her discretion with respect to tree removal permits as governed by this article and by the street tree guidelines. No person will be authorized to remove trees covered by this article without first having received a permit to do such work. Permits shall not be valid for a period longer than thirty (30) days from issuance date. Exceptions, in the discretion of the director, shall be those permits issued to public utilities serving the area, which permits may be valid for a period of one year. (Ord. 1748, 11-18-2008)

A. Generally: It shall be the duty of any person or persons owning or occupying real property bordering on any street upon which property there may be trees, to prune such trees in such manner that they will not obstruct or shade the streetlights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct view of any street or alley intersection. The minimum clearance of any overhanging portion thereof shall be ten feet (10') over sidewalks, and twelve feet (12') over all streets except truck thoroughfares which shall have a clearance of sixteen feet (16').

B. Notice To Prune: Should any person or persons owning real property bordering on any street fail to prune trees as hereinabove provided, the director shall order such person or persons, within ten (10) working days after receipt of written notice, to so prune such trees.

C. Order Required: The order required herein shall be served by mailing a copy of the order to the last known address of the property owner, by certified mail.

D. Failure To Comply: When a person to whom an order is directed shall fail to comply within the specified time, it shall be lawful for the municipality to prune such trees, and the exact cost thereof shall be assessed to the owner. The administrative services director or designee shall, at the appropriate time each year, cause to be filed with the tax assessor of the county a description of the property together with the name of the owner or reputed owner thereof against which such special assessment shall be made, and the installment then due and unpaid with accruing interest, may be assessed as taxes against the owner or reputed owner of the real property, and the amount of money so assessed shall bear the same penalties and interest as taxes regularly assessed on default of payment thereof. (Ord. 1748, 11-18-2008)

Any interested person may appeal, in writing, a decision of the director regarding a removal permit, setting forth his/her reason(s) for such appeal to the commission. Such appeal shall be filed with the city clerk within ten (10) business days after the notice of the director's decision.

Any interested person may appeal a decision of the commission to the city council if a request therefor is filed with the city clerk within ten (10) days after notice of the commission's decision. The appeal shall be placed on the agenda of the council's next regular meeting after the appeal is filed. If the appeal is filed within ten (10) business days of the council's next regular meeting, the appeal shall be placed on the agenda of the council's second regular meeting following the filing of the appeal. It shall be the duty of the director to notify the property owner or other affected person of the time and place any appeal will be heard, such notice to be given at least ten (10) days prior to said hearing. The council shall consider the appeal and uphold, reverse, or modify the decision of the director. The decision of the council shall be final. (Ord. 1748, 11-18-2008)

Nothing in this article shall impose any liability upon the city, or members of the council, or any of its officials or employees, nor relieve the property owner or occupant of any private property from the duty to keep his or her private property, sidewalks, and rights of way abutting such private property in a safe condition. (Ord. 1748, 11-18-2008)