Redwood City Municipal Code § 29.75 Inspection to Determine Whether Trees Constitute Nuisance; Abatement;…

The Council of the City hereby finds that a comprehensive plan for the planting and maintenance of trees which are located within or which overhang public streets within the City is required for public safety and for the protection of the general welfare. This Article is adopted, therefore, for the purpose of developing and providing for such a plan and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees.

(Ord. No. 1010, § 1)

For the purpose of this Article the following words shall have the meanings respectively ascribed to them in this Section:

OWNER: The term "owner" shall mean the legal owner of real property and shall not include a lessee or other person occupying such property with the consent of the owner.

PARK SUPERINTENDENT or SUPERINTENDENT: The term "park superintendent" or "superintendent" shall mean the Park Superintendent of the City and shall include his authorized representatives.

PUBLIC STREETS or STREETS: The term "public streets" or "streets" shall include all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way or any portion thereof of the City.

(Ord. No. 1010, § 2)

It shall be the duty of the Park Superintendent to administer and enforce the provisions of this Article.

(Ord. No. 1010, § 4)

It shall be the duty of the Park Superintendent to determine the types and species of trees suitable and desirable for planting and to determine the areas in which and conditions under which such trees may be planted in or overhang the public streets within the City. Such determination shall be made by the Park Superintendent, who may consult with others equally familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen and park executives. When such determinations have been made, the Park Superintendent shall report his findings in writing to the City Manager. When approved by the City Manager such report shall be known as the master tree list, shall be placed on file in the office of the City Clerk, and shall thereafter be the official determination of the Superintendent. Revisions or changes in such master tree list may be made from time to time by the Park Superintendent, in the manner described hereinabove for the development, approval and filing of the original master tree list.

(Ord. No. 1010, § 5)

No person shall plant any tree in a public street, nor shall any property owner permit any tree to overhang a public street, unless either such tree is listed on the master tree list or a written permit from the Park Superintendent shall have first been obtained to plant a tree not on such list. Such permit may be granted by the Superintendent only upon his obtaining approval therefor from the City Manager.

(Ord. No. 1010, § 6)

The Park Superintendent shall be responsible for the administration of this Article and shall supervise, direct and control the planting, setting out, locating and placing of all trees in the public streets and shall supervise, direct and control the care, trimming, removing, relocating and replacing of all trees located within the public streets or overhanging the public streets.

(Ord. No. 1010, § 7)

It shall be unlawful for any person other than the Park Superintendent or his duly authorized agent or deputy to cut, trim, prune, spray, brace, plant, move, remove or replace any tree in any public street within the City or to cause the same to be done unless and until a written permit so to do shall have first been obtained from the Park Superintendent. Any such permit may be declared void by the Superintendent if any of the provisions of this Article are violated or if any condition of the permit is violated.

(Ord. No. 1010, § 9)

The owner of real property adjacent to a public street may be issued a permit to perform any of the acts specified in Section 29.70 by the Park Superintendent. Such permit shall be for such time duration, not exceeding six (6) months, and shall contain such conditions as the Park Superintendent deems necessary for the protection of the trees concerned.

(Ord. No. 1010, § 10)

Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State and any duly constituted public agency authorized to provide and providing utility service shall be given a permit from the Superintendent, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such similar acts with respect to trees growing within the public streets of the City or which overhang such public streets as may be necessary to comply with the safety regulations of such Commission or public agency and as may be necessary to maintain the safe operation of its business.

(Ord. No. 1010, § 11)

Any person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the Park Superintendent, is qualified for such business may be issued a permit to carry on such business in the City by the Park Superintendent. Permits issued pursuant to this Section may be granted for a period of one year from the date of issuance.

(Ord. No. 1010, § 12)

It shall be unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public street, nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for the protection thereof any wire, rope (other than one used to support a young or broken tree), sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever without first having obtained a written permit from the Park Superintendent so to do.

(Ord. No. 1010, § 13)

The Park Superintendent may inspect any tree, shrub, vine, or any other type of plant material adjacent to or overhanging any public street in the City to determine whether the same or any portion thereof is in such condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street. Any tree, shrub, vine, or any other type of plant material or part thereof growing upon private property but overhanging or interfering with the use of any street that in the opinion of the Park Superintendent endangers the life, health, safety or property of the public utilizing the street shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within ten (10) days after receipt of written notice thereof from the Park Superintendent, the Superintendent may cause the nuisance to be abated, and the cost of such abatement shall be paid by the owner within ten (10) days after being notified of the cost.

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 trees, shrubs, vines, or any other types of plant material upon his property or under his control in such a condition as to prevent it from constituting a public nuisance as hereinabove defined.

(Ord. No. 1010, § 4; Ord. No. 1462, § 1, 7-13-70)

Amendment note—Ord. No. 1462, § 1, amended § 29.75 by adding shrubs, vines and other types of plant material to the Section.

Any person aggrieved by any act or determination of the Park Superintendent in the exercise of the authority herein granted shall have the right of appeal to the City Manager, whose decision, after public hearing of such matter, shall be final and conclusive. Such appeal shall be filed within fifteen (15) days of the date of the notice of decision and shall be processed and heard in accordance with the provisions of Chapter 1 of this Municipal Code.

(Ord. No. 1010, § 15)

(Ord. No. 2374, § 23, 1-9-12)