Richmond Municipal Code Ch. 10.08 Trimming, Pruning, Care, Planting, Removal and Moving of Trees, Shrubs…

As used in this chapter SUPERINTENDENT shall mean the Recreation and Parks Director of the City of Richmond or any of his authorized deputies.

(Amended by Ordinance No. 80 N.S.)

It shall be the duty of the Superintendent to plant, trim, prune and care for all trees, shrubs or plants in and upon any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond. The Superintendent may charge a reasonable planting fee for each individual tree when said tree is planted at the request of any property owner or person responsible for care of said property, abutting upon any street, park, pleasure ground, boulevard, alley or public place of said city; to designate the kind of trees, shrubs or plants to be planted upon any street, park, pleasure ground, boulevard, alley, or public place of said City; provided, however, that the owners of property fronting on any street, alley or public place may petition the City Council of said City that such trees, shrubs or plants shall be a certain kind or variety, but such petition shall be merely advisory to the action of said Council.

(Amended by Ordinance No. 80 N.S.)

No person shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond without a permit therefor from the Superintendent and the Superintendent is hereby authorized to grant such permission in his discretion but no such permit shall be valid for a longer period than thirty days after its date of issuance.

Any person maintaining any overhead wires or any pipes or under ground conduits along or across any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond, or owning any property abutting upon any street, park, pleasure ground, boulevard, alley or public place of said city, desiring to have any tree, shrub or plant, cut, trimmed, pruned or removed may file with the Superintendent a written request that such work be done and such request shall describe the work desired to be done and it shall be within the discretion of the Superintendent to require a written agreement upon the part of the petition to pay the cost thereof and to do such work in the way stipulated by the Superintendent before the issuance of any permit hereunder.

No person shall interfere with the Superintendent or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any park, street, pleasure ground, boulevard, alley or public place of the City of Richmond, or in the removing of any stone, cement or other substance from about the trunk of any tree, shrub or plant in any such street, park, pleasure ground, boulevard, alley or public place.

No person shall cause, authorize or procure any brine water, oil, liquid dye or other substance deliterious to tree life, to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub, or plant in any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond or into any sidewalk, road, or pavement within said City of Richmond at a point from which such substance may be lying upon or by flowing, dripping or seeping into such soil injure such tree, shrub or plant. No person without the approval of the Superintendent 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 tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond.

No person without the permission of the Recreation and Parks Director of the City of Richmond shall attach or keep attached to any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or other public place in the City of Richmond or to the guard or stake intended for the protection thereof, any wire, rope, sign or any other device whatsoever.

During the erection, repair, alteration or removal of any building, house or structure in the City of Richmond, no person in charge of such work shall leave any tree, shrub or plant in any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to said tree, shrub or plant arising out of or by reason of said erection, repair, alteration or removal.

When the erection, repair, alteration or removal of any building, house or structure necessitates the trimming, pruning or removal of any tree, shrub or plant on any street, park, pleasure ground, alley or other public place of the City of Richmond, except any trimming, pruning or removal required by the construction of a residential driveway, it shall be within the discretion of the Superintendent to refuse permission to do such work. Applications for a permit to trim, prune or remove any tree or plant on any of the above mentioned places for the above mentioned reasons shall be filed with the Superintendent at least three days prior to the time of doing such work. The Superintendent may stipulate the conditions upon which any trimming, pruning or removal may be done and may require the applicant to enter into an agreement whereby said applicant shall agree to pay all costs incurred for any inspection, labor, equipment or service deemed necessary by the Superintendent.

No person shall move any building, house or portion thereof without notifying the Superintendent at least three days in advance of such moving. Said notice shall designate the route to be followed and all other details pertinent to such work. The Superintendent shall have the authority to change such route and designate one which in his opinion will cause less damage to trees, shrubs or plants owned by the City of Richmond along and adjacent to the said route. If necessary to protect such trees, shrubs or plants the Superintendent may require that said house, building or portions thereof be cut into segments small enough to fit the available width between such trees, shrubs or plants along the designated route. As a condition to approving any route for the moving of any building, house or portion thereof, the Superintendent 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, shrubs or plants either before or after such moving.

The Superintendent may inspect any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond or any tree, shrub or plant standing on any private property which overhangs or projects into any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond, to determine whether the same or any part thereof is in such condition as to constitute a hazard or an impediment to the progress or vision of anyone traveling on said street, park, pleasure ground, boulevard, alley or public place.

If in the opinion of the Superintendent any such tree, shrub or plant is hazardous to the traveling public or impedes the progress or the vision of said public on any such street, park, pleasure ground, boulevard, alley or public place, he may cause the same or such part or parts thereof as are hazardous or impediment to be trimmed or removed so as to remedy such condition. In addition, the Superintendent has the authority to order the replacement of any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the City of Richmond which in his judgment has become so diseased, hazardous or responsible for property damage or so endangers public safety that it cannot be corrected without replacement. However, no such tree, shrub or plant shall be cut down or removed unless ten days notice in writing of this intention shall be given by the Superintendent to the owner, occupant or agent of said property.

If the owner, occupant or agent of such private property within seven days after receipt of such notice files his objection to such removal with the Superintendent, such tree, shrub or plant shall not be cut down or removed unless the Superintendent shall give such owner, occupant or agent a reasonable opportunity to be heard in support of such objection. If such objection is not sustained, the Superintendent shall order its replacement; however, said property owner, occupant or agent, if he is dissatisfied with the decision of the Superintendent, may, within ten days after the hearing, appeal such decision to the Council for a hearing thereon. The decision of the City Council in such matter shall be final.

Nothing contained herein shall be deemed to impose any liability upon the City of Richmond, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such a condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the City of Richmond.

(Amended by Ordinance No. 80 N.S.)

(Source: Ordinance No. 1228)

Any person whose property is being damaged by any tree, shrub or plant which is located upon any street, park, pleasure ground, boulevard, alley or public place in the City of Richmond may petition the Superintendent requesting that he inspect the tree, shrub or plant involved. Upon inspection if the Superintendent finds that the tree, shrub or plant involved was responsible for the damage complained of, the Superintendent has the authority to order its replacement if in his judgment it has become so diseased, hazardous, responsible for property damage or so endangers public safety that it cannot be corrected without replacement. If in his judgment replacement is not required or necessary, he can order whatever correction is necessary to remedy the condition. If said tree, shrub or plant must be replaced, the purchase of the replacement will be the responsibility of the abutting property owner. However, no such tree, shrub or plant shall be cut down or removed unless ten days notice in writing of this intention shall be given by the Superintendent to the owner, occupant or agent of said property.

If the owner, occupant or agent of such property, within seven days after receipt of such notice, files his objection to such removal with the Superintendent, such tree, shrub or plant shall not be cut down or removed unless the Superintendent shall give such owner, occupant or agent reasonable opportunity to be heard in support of such objection. At the hearing the complaining party may also state his position. If such objection of the property owner to the removal is not sustained by the Superintendent the Superintendent shall order its replacement.

Any person who is aggrieved by the decision of the Superintendent may, within ten days from the date of the decision, appeal such decision to the City Council for hearing thereon, and the decision of the City Council in such matter shall be final. However, if the Council orders any tree, shrub or plant to be replaced which was not so ordered by the Superintendent, the Council shall make findings that such tree, shrub or plant has become so diseased, hazardous, responsible for property damage or so endangers public safety that it cannot be corrected without replacement.

(Added by Ordinance No. 80 N.S.)