Reedley Municipal Code Ch. 2 Trees

The city council 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 chapter 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. 428, 12-17-1968)

CITY: The City of Reedley.

DIRECTOR: The Public Works Director, or designee, of the City.

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

PARKSTRIP AREA: The area between the street curb and the public sidewalk.

PERSON: As used in this chapter shall be broadly construed to include an individual, a firm, and association, a corporation, a copartnership, and the lessees, trustees, receivers, agents, servants and employees of such person.

PUBLIC STREETS OR STREETS: Shall include all roads, streets, avenues, boulevards, alleys, parkways, public places and public right of way, or any portion thereof, of the City. (Ord. 428, 12-17-1968; amd. Ord. 2022-008, 1-10-2023)7-2-5

It shall be the duty of the public works director to administer and enforce the provisions of this chapter. (Ord. 428, 12-17-1968)

The resolution of the city planning commission dated November 21, 1968, which sets forth a master tree list and policies and objectives of a program of tree planting and control is hereby adopted as a master plan and master tree list for the purposes of this chapter and is incorporated into this chapter by reference the same as if fully stated herein. Revisions or changes in said master tree list and master plan may be made from time to time by the Director after submission of any such revisions or changes to the City Council for its approval. (Ord. 428, 12-17-1968; amd. Ord. 2022-008, 1-10-2023)

No person shall plant any tree in any public street, nor within a public utility easement or parkstrip, nor shall any tree be planted by any property owner which may overhang any public street, without written approval from the Director. Trees planted on private property shall not be planted within 5' of a public sidewalk. (Ord. 428, 12-17-1968; amd. Ord. 2022-008, 1-10-2023)

The director shall be responsible for the administration of the chapter and the relocating, planting, trimming, and replacing of all trees located within the public streets or on public property.

Trees located on private property, or within the parkstrip area, which is defined as the area between the street curb and the public sidewalk, are the sole responsibility of the property owner and the property owner shall be responsible for proper maintenance and care of the tree including irrigation and removal should the tree die or become a hazard. The property owner shall be responsible and liable for any and all damages to City property caused by the tree including damaged sidewalk, curb and gutter, etc.

In Landscape and Lighting Maintenance Districts (LLMD); trees located within the park strip area, which is defined as the area between the street curb and the public sidewalk, and which were originally planted and permitted by the City or planted by the property owner with written permission from the City shall be maintained by the City. The property owner shall be responsible for proper irrigation of the tree (s) and maintenance of all associated irrigation piping. No tree shall be planted, trimmed, altered, or removed from the parkstrip area without written permission from the City. (Ord. 428, 12-17-1968; amd. Ord. 2022-008, 1-10-2023)

It shall be unlawful for any person other than the director to cut, trim, prune, spray, brace, plant, move or replace any tree in any public street within the city, or to cause same to be done, unless and until a written permit is obtained from the Director. Any such permit may be declared void by the director if any of the provisions of this chapter are violated or if any condition of the permit is violated. Whenever it is necessary to remove a tree within a parkstrip area or a public right of way, the abutting property owner of that portion of the public right of way or parkstrip area where the tree is located, shall first secure a written permit from the director and provide sufficient reason as to why tree must be removed. The owner shall replace the tree with a tree on the master tree list and/or master tree plan unless a written request to not replace the tree is provided to the Director and approved.

Nothing in this section shall preclude the removal by city forces of any tree without the request of the owner. (Ord. 428, 12-17-1968; amd. Ord. 2022-008, 1-10-2023)

A. Owners: The owner of real property abutting a public street may be issued a permit to perform any of the acts specified in section 7-2-7 of this chapter by the director. Such permit shall be for such time duration, not exceeding six (6) months, and shall contain such conditions as the director deems necessary for the protection of the trees concerned.

B. Public Utilities: Any person doing business as a public utility subject to the jurisdiction of the public utilities commission of the state of California and any duly constituted public agency authorized to provide and providing utility service, may be given a permit from the director, 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, as may be necessary to the city, or which overhang such public streets, as may be necessary to comply with the safety regulations of said commission or public agency and as may be necessary to maintain the safe operation of its business.

C. Tree Surgeons: Any person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the director, is qualified for such business, may be issued a permit to carry on such business in the city by the director. Permits issued pursuant to this section may be granted for a period of one year from the date of issuance. (Ord. 428, 12-17-1968)

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, nor shall any person place, apply, attach or keep attached to any 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 when trees are in the public right of way, without first having obtained a written permit from the director so to do. (Ord. 428, 12-17-1968)

During the erection, repair, alteration or removal of any building, house or structure in the city, no person shall leave any tree in any public street in the vicinity of such building or structure, without such good and sufficient guards or protectors as shall prevent injury to said tree. (Ord. 428, 12-17-1968)

No person shall move any building, house or portion thereof without notifying the director in advance of such moving. Said notice shall designate the route to be followed and all other details pertinent to such work. The director shall have the authority to change such route and designate one which in his opinion will cause less damage to trees owned by the city along and adjacent to said route. If necessary to protect such trees, the director may require that said house, building or portions thereof to be cut into segments small enough to fit the available width between such trees along the designated route. As a condition to approving any route for the moving of any building, house or portion thereof, the director may require the person doing such work to enter into an agreement to pay all costs incurred for any labor, equipment or material used to protect or preserve such trees either before or after such moving. (Ord. 428, 12-17-1968)

The director may inspect any tree adjacent to or overhanging any public street in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property but overhanging or interfering with the use of any street that in the opinion of the director 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 director, said director 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 thereof. 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 tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance as hereinabove defined. Nothing in this section shall preclude the immediate removal or abatement by city forces of any obstruction, nuisance or overhang that is a public safety hazard. (Ord. 428, 12-17-1968)

Any person aggrieved by any act or determination of the director in the exercise of the authority herein granted shall have the right to appeal to the city council, whose decision, after hearing said matter in a public meeting, shall be final and conclusive. Such appeal shall be made in writing and shall be filed with the city clerk within ten (10) days subsequent to the director's action. (Ord. 428, 12-17-1968)