Redding Municipal Code Ch. 13.40 Trees and Shrubs

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

A. "Commission" means the community services advisory commission;

B. "Comprehensive tree plan" or "plan" means the comprehensive tree plan for planting and maintenance of trees in planting strips along the streets and in the public areas of the city;

C. "Maintain" or "maintenance" includes trimming, pruning, cutting, spraying, fertilizing, propping, treating for disease or injury and any other similar acts which promote the life, growth, health or beauty of trees, except watering, unless specifically so stated;

D. "Planting strip" means the area within a street which is between the curb or the place where the curb should be, and the adjacent property line;

E. "Public areas" includes parks, playgrounds, areas around public buildings and all other areas (excluding streets) under the supervision and maintenance of the city;

F. "Street" means and includes any public street, avenue, boulevard, lane, walk, road, parkway, alley, right-of-way, easement or other public way;

G. "Tree" includes any tree, palm, shrub or plant growing in excess of two feet in height;

H. "Landmark and heritage tree plan" shall mean that plan developed by the commission designed to identify and preserve those trees which are unique because they are an outstanding specimen of a desirable species, are one of the largest or oldest trees in Redding, are of historical interest or are of distinctive form. The plan shall include trees worth saving, which are those trees that do not meet all of the criteria of the landmark and heritage tree plan but add significantly to the environment of the city.

(Ord. 2190 § 4 (part), 1997; Ord. 1634 § 1, 1983; prior code § 27-1)

A. The city council declares it to be in the best interests of the city to develop and establish a comprehensive tree plan for the planting and maintaining of trees in planting strips along the streets and in the public areas of city, and this chapter is adopted for the specific purpose of providing for such a plan and for regulations necessary to carry out its purposes.

B. The commission is authorized to prepare and administer such a plan. The plan shall include, but shall not be limited to, a series of maps of streets and public areas upon which is designated a scheme for the uniform planting of trees, the zoning of streets for certain specimens of trees and an official list of the types and varieties of trees approved for such planting. Types and varieties of existing trees not so listed shall be considered nonconforming trees.

C. The plan and any amendments thereto, shall require the approval of the city council and henceforth all new and replacement planting shall be in accordance with such plan, and such amendments.

D. In addition to the tree plan developed by the commission, it shall develop a landmark and heritage tree plan as defined in Section 13.40.010(H). The plan, and any amendments thereto, shall require the approval of the city council. Upon its approval by the city council, all city departments, where applicable, shall diligently seek to implement the goals of the plan.

(Ord. 1634 § 2, 1983; prior code § 27-2)

A. It is unlawful for any person to plant, maintain, remove or replace or in any way injure, deface or destroy any tree, tree stakes, tree guard or tree well in any plant strip or public area without having obtained a written permit as required by this chapter.

B. The acts prohibited in this chapter shall include but not be limited to the following:

1. Constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any tree so as to shut off air, light or water from its roots;

2. Pouring any deleterious matter on or around any tree or on the surrounding ground, lawn or sidewalk.

(Prior code § 27-3)

A. The parks foreman is authorized and directed to plant, inspect and maintain trees in planting strips and public areas, and remove such trees when they institute a hazard or impediment to public travel.

B. Before removing any such tree, the parks foreman shall give the adjoining property owner at least ten days' advance written notice thereof and of the property owner's right to file an objection to the removal with the commission, whose decision thereon shall be final.

C. Before removing any such tree, the parks foreman shall obtain the concurrence of the director of community services or his designee.

D. No such notice or concurrence shall be required in the case of manifest public hazard and immediate necessity.

(Ord. 2263 § 1 (part), 2000: prior code § 27-4)

A. Notwithstanding Section 13.40.040, the parks foreman may permit a property owner to maintain trees in the parking strip adjoining his property, provided that the type of tree planted therein is one of the trees listed in the comprehensive tree plan.

B. All trimming and other maintenance work upon such trees shall be done by a licensed tree trimmer as provided in Section 13.40.070A or by the owner under the general supervision of the parks foreman and in accordance with the rules established by the comprehensive tree plan.

(Ord. 2263 § 1 (part), 2000: Ord. 2190 § 4 (part), 1997; Ord. 1282 § 1 (part), 1976: prior code § 27-5)

A. Notwithstanding Section 13.40.040, the parks foreman, with concurrence of the community services director, may permit a property owner to remove trees from the planting strip adjoining his property.

B. If the parks foreman finds that the tree is in a healthy and safe condition and is of a type on the approved list as established pursuant to Section 13.40.050, and permission is granted solely for the owner's convenience, the owner shall be responsible for the following:

1. Bearing the sole cost of the removal;

2. Bearing the sole cost of replacing the removed tree with a tree conforming to the plan, if the plan provides for such a tree in the planting strip adjoining his property, but in no event to exceed the sum of four hundred dollars.

C. All such work shall be done by a person who can comply with the requirements of Section 13.40.070B, or by the parks foreman, in accordance with the comprehensive tree plan.

(Ord. 2263 § 1 (part), 2000: Ord. 2190 § 4 (part), 1997; Ord. 1282 § 1 (part), 1976: prior code § 27-6)

A. Any person engaged in maintaining or removing trees within the city, as defined in Section 13.40.010, shall be required to satisfactorily pass an examination prepared and administered by the parks foreman prior to the issuance of a business license to such person. The examination shall test the knowledge, experience and proficiency of the person in tree maintenance and removal.

B. Any person engaged in the business of removing trees shall carry public liability and property damage insurance in an amount to be determined by the risk manager for the city and evidence thereof filed with the city clerk. The city may require the posting of a performance bond in an amount equal to the cost of the proposed removal, guaranteeing completion of the removal in accordance with the rules established by the parks foreman and/or the comprehensive tree plan.

(Ord. 2263 § 1 (part), 2000: prior code § 27-7)

A. Whenever any tree adjacent to or overhanging any street or public area is in such condition as to constitute a hazard or impediment to public travel, it shall be declared a public nuisance.

B. If the owner of the private property on which the tree is located does not correct or remove the nuisance within ten days after receipt of written notice thereof from the parks foreman, the parks foreman shall cause the nuisance to be corrected or removed and the cost thereof shall be assessed to the owner.

C. The procedure to be followed in assessing the cost shall be the procedure set forth in Article 2, Chapter 13, Part 2, Division 3, Title 4, of the Government Code of the state, relating to weed and rubbish abatement.

(Ord. 2263 § 1 (part), 2000: prior code § 27-8)

Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of private property from the duty to keep any tree on his property from constituting a public nuisance as defined in Section 13.40.010.

(Prior code § 27-9)

A. Any person aggrieved by the action or proposed action of the parks foreman acting under this chapter may appeal the decision to the community services advisory commission. Should the requesting party wish, a second appeal may be made to the city council, whose decision shall be final.

B. Such person shall file a notice of appeal, in writing, with the city clerk within seven days after the action or proposed action of the parks foreman or of the commission.

(Ord. 2263 § 1 (part), 2000: prior code § 27-10)

A. Any person owning, maintaining or operating any gas pipes, or mains beneath the surface or any planting strip, street or public area shall properly maintain such utilities so as to prevent damage to trees in such areas.

B. If such person neglects to provide proper maintenance of such utilities and such neglect results in damage to any tree in such areas, the full cost of their removal and replacement shall be borne by such person.

(Prior code § 27-11)

A. In order to provide for coordinating the multiple use of all street improvements, plans and specifications for street planting proposed by the parks foreman shall be submitted to the transportation and engineering director and director of development services for their recommendations, and such recommendations shall be made within thirty days after receipt of the plans and specifications.

B. To facilitate the planting and maintenance of trees in planting strips and public areas, the director of development services shall advise the parks foreman of proposed subdivisions, use permits and variances pending before the planning commission, and the parks foreman shall make his or her recommendations, pursuant to the purposes of this chapter, before final action is taken by the planning commission.

(Ord. 2374 § 12, 2006: Ord. 2263 § 1 (part), 2000: prior code § 27-12)

Whenever in this chapter any action is prohibited or declared to be unlawful, any person in violation thereof shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a fine not exceeding three hundred dollars, or imprisoned in jail for a term not exceeding thirty days or by both such fine and imprisonment. Every day any violation of this chapter continues shall constitute a separate offense.

(Prior code § 27-13)