Chapter 156 — OAK AND LANDMARK TREE PRESERVATION

• (A) The purpose of this chapter is to conserve and protect existing landmark trees and oak trees.

• (1) The conservation and protection of these trees within the community is intended to promote the public health, safety and general welfare of Riverbank residents by enhancing the air quality, water quality and beauty of Riverbank.

• (2) Oak and landmark trees are recognized as an essential part of the city infrastructure, and as such will receive equal consideration with other city infrastructure systems.

• (B) This chapter is intended to complement and strengthen zoning, subdivision and land use standards and regulations to more accurately reflect community expectations and goals of the general plan.

• (1) Specifically, the purpose of the chapter is to implement Goal VII of the Land Use Element, “To enhance and maintain the quality of life in Riverbank and to encourage a community identity and a pride in that community.”

• (2) The preservation of native valley oaks and other landmark trees is intended to advance this goal by:

• (a) Enhancing natural scenic beauty by providing habitat and food source for birds and other wildlife;

(b) Naturally reducing air pollution by filtering out harmful gasses and replenishing the atmosphere with oxygen by assisting in the overall goal of preservation, maintenance and regeneration of a healthy urban forest and tree cover;

• (c) Lowering heating and cooling costs by promoting the conservation of energy resources and regulation of temperature through the shade, evaporative cooling and wind break provided by trees;

• (d) Reducing topsoil erosion by the holding effect of their roots;

• (e) Promoting conservation of water resources by reducing surface water runoff resulting from storms;

• (f) Promoting the well being of the community by absorbing sound and buffer noise, such as vehicular traffic;

• (g) Enhancing economic stability by attracting businesses and visitors by providing recreational settings, wildlife habitat, and ecological balance;

• (h) Increasing property values by promoting the city’s unique identity; and

• (i) Providing for safety through responsible and safe standards for the trimming and/or removal of native valley oaks and other landmark trees.

• (Ord. 2006-009, passed 5-8-06)

For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CROWN DRIPLINE. The outer perimeter of an oak/landmark tree's canopy.

• DIRECTOR. The Community Development Director of the city or his or her designated representative.

LANDMARK TREE. Trees that are: (1) six inches or greater in diameter at breast height (DBH); (2) in good health; and (3) of preferred species in order: (a) oak, (b) deciduous and (c) evergreen; (4) other such trees with significant impact (including but not limited to: age, size, location, outstanding habitat value, superior beauty, historical and/or cultural significance) on the surrounding area. LANDMARK TREE may also mean an “oak tree.” Fruit trees and other trees used for agricultural purposes and production on existing lots created prior to June 8, 2006, are specifically excluded as being landmark trees.

OAK TREE. A valley oak tree (Quercus lobata) with a trunk diameter of two inches or greater at a point 4.5 feet above the root crown (also referred to as “two inches diameter breast height (DBH.)”). OAK TREE may also mean a “landmark tree.”

PERSON. An individual, association, corporation, public agency, joint venture, partnership, independent contractor, or other agent or employee.

PRUNING STANDARDS. Pruning standards established by the Western Chapter of the International Society of Arboriculture (I.S.A.) dated 1995, as revised by the Society from time to time, and as amended by this chapter. SIX-INCH GROUPING OF TREES. Any group of two or more trees that have a combined DBH of six inches or greater. Every six inches of such a group shall be the equivalent of a six-inch tree. For removal purposes, this grouping definition shall apply if two or more trees are removed within 12 months of each other.

(Ord. 2006-009, passed 5-8-06)

TREE CONSERVATION PERMITS

It is unlawful for any person to willfully remove, destroy, mutilate, poison or attempt to kill a landmark/oak tree in the city without a tree conservation permit.

(Ord. 2006-009, passed 5-8-06) Penalty, see § 156.99

A landmark/oak tree may be removed under the following conditions without a conservation permit:

(A) (1) When removal is necessary to observe good forestry practice, such as optimizing the number of healthy trees a given parcel of land will support, or when such removal is in accordance with a city-approved landscape management plan.

(2) No replacement is required under these circumstances.

(B) When the tree, due to natural circumstances, is dead or irreversibly declining, is in danger of falling, is too close to existing structures so as to endanger such structures, interferes with utility services, creates unsafe vision clearance, or constitutes a health hazard.

(1) Such trees may be removed only after the Community Development Director, at his or her sole and absolute discretion, has verified that such a condition exists.

(2) In instances where no additional services or inspections are required by the Community Development Department, the fee for a tree removal permit will be waived and no tree survey will be required.

(3) No replacement is required under these circumstances.

(C) Neither this nor any other regulation of this chapter shall be deemed to prohibit any owner of improved residential property in the city from creating a single, regularly shaped rear yard lawn area.

(D) When the Community Development Director concludes that benefits provided by trees will be increased by replacing a tree that is of poor quality or not suited to its location.

• (1) Such trees must be replaced on the subject property, on an inch-per-inch basis.

(2) Prior to issuance of the tree removal permit, the property owner will be required to pay a permit fee and submit the appropriate cash bond to insure tree replacement.

(E) The Community Development Director may require a tree survey prior to removal for division (A), (C) or (D) above.

(Ord. 2006-009, passed 5-8-06)

(A) Pre-application conference. Prior to submission of an application for development, the applicant is encouraged to meet with the Community Development Director to discuss the tree protection ordinance as it relates to the applicant's property.

(1) There are two types of tree conservation permits, minor and major, with varying requirements for each permit.

(2) The purpose of the pre-application conference is to clarify the provisions and procedures of the tree protection ordinance, and to review applicable standards and guidelines for the submittal of documents and required tree protection, replacement and maintenance measures.

(B) Requirements must be met.

(1) Regardless of the type of tree conservation permit required, when any building permit, grading permit, or development permit is applied for pursuant to the city code, and a proposed structure would require the destruction, removal or pruning of a landmark/oak tree, such permit shall not be issued until all requirements of this chapter are met.

(2) In no event shall any disturbance of the premises be allowed until all requirements of this chapter are met and the permit is issued.

(C) Minor tree conservation permit.

(1) Any person desiring to destroy or remove an oak tree or landmark tree on private or public property, in conjunction with a ministerial action, such as an encroachment or building permit, must first obtain a minor tree conservation permit by applying in writing to the Community Development Director.

(a) The application shall contain the number, size and location of the oak/landmark tree(s), and a brief statement of the reason of the requested action.

(b) The Director shall charge a fee for the permit, to be established by the City Council's annual designation of city fees.

(c) The initial removal permit fee shall not exceed $50.

(2) Within seven days of receipt of such application, the Director shall inspect the premises whereon such oak/landmark tree(s) are located, and shall issue an intended decision in writing as to whether or not the application will be approved, with or without conditions; provided, however, that failure to render an intended decision within such period shall not be deemed approval.

• (D) Major tree conservation permit.

• (1) Permit required.

(a) Except as provided elsewhere in this section, a major tree conservation permit shall be required as part of any application for a site plan and architectural review, planned development permit, tentative parcel map, tentative subdivision map or any other discretionary land use entitlement that will result in a physical change in the environment.

(b) A major removal permit may be processed in conjunction with other permits necessary to carry out a discretionary land use entitlement project.

(c) Discretionary land use entitlements shall not be considered separately without a major tree conservation permit.

(2) Tree survey. Except as provided elsewhere in this section, all applicants for major tree conservation permits shall be required to submit a tree survey prepared by an environmental professional.

(a) The survey is a document that identifies, by common name, certain species of trees of a specified DBH within a particular area.

(b) As required by the Community Development Director, the survey shall list all existing and proposed trees, and shall specifically state whether each tree is proposed to be destroyed, relocated, replaced, preserved at its present

location, or introduced into the development from an off-site source.

(c) The Community Development Director may provide that the tree survey exclude those portions of the site he or she determines will not be affected by the development activity.

(d) Any tree survey required by this chapter must be dated within six months of the tree removal permit application.

(3) Tree protection plan.

(a) A tree protection plan shall be submitted with the tree conservation permit, along with other discretionary permit drawings, as part of the development permits process.

• (b) The tree protection plan may either be a separate drawing or part of a landscape plan.

• (c) The tree protection plan shall include the following information:

1. Definition of spatial limits:

• a. Limits of land disturbance, clearing, grading and trenching;

• b. Tree save areas;

• c. Specimen trees; and

• d. Areas of re-vegetation.

2. Detailed drawings of tree protection measures and their location:

a. Location, species and size (DBH) of existing significant trees, and an indication of which ones would remain on the site;

• b. Tree fences;

• c. Erosion control fences;

• d. Tree protection signs;

• e. Tree wells;

• f. Aeration systems;

• g. Transplanting specifications;

• h. Staking specifications; and

• i. Other applicable drawings as determined by the Director.

3. a. Show all utility lines, existing and proposed, including irrigation and electric lighting lines.

• b. In order to prevent root damage within the critical root zones of protected trees, and to minimize damage

to trees located in protected zones, the project applicant shall coordinate the location of these utility lines with the utility companies.

4. Procedures and schedules for the implementation, installation and maintenance of tree protection measures.

• (4) Cash bonds.

(a) 1. As a condition of the tree conservation permit, the applicant shall submit a cash bond equal to the cost of the conservation efforts outlined in the adopted plan, as determined by the city.

2. The bond shall be held for the purpose of assuring that the conservation efforts are implemented.

(b) 1. If it is determined that practices violating any portion of the municipal code have resulted in tree damage, then the city may require that a cash bond, equal to the replacement value of the damaged tree(s), be submitted.

2. The bond shall be held for the purpose of assuring that all remedial actions required by the city to minimize tree damage are taken, and/or for the purpose of assuring tree replacement should any damaged trees die or show noticeable signs of decline, as determined by a certified arborist, within a designated period of evaluation.

• (5) Tree protection inspection.

(a) Following the receipt of a complete application, the Community Development Director shall schedule and conduct an inspection of the proposed development site.

(b) The applicant or applicant's designee shall be advised as to the date and time of the inspection, and given the opportunity to participate.

(6) Plan conformance.

(a) Following inspection, the plans shall be reviewed by the Community Development Director for conformance with applicable general plan, zoning ordinance, tree protection ordinance, and any applicable administrative guidelines, and will either be approved or denied.

(b) Reasons for denial shall be noted on the tree protection plan or otherwise stated in writing.

(7) No further approvals. No approvals for any discretionary permits, grading permit, encroachment permit, construction permit or building permit shall be approved until the tree protection plan and tree conservation permit has been approved by the Community Development Director.

(8) Tree protection measures. All tree protection measures identified in the tree protection plan and tree conservation permit shall be installed prior to land disturbance.

(Ord. 2006-009, passed 5-8-06) Penalty, see § 156.99

(A) Issuance of a building or land development permit shall be conditioned on the approved tree protection plan and tree conservation permit, and conformance to the provisions of these regulations.

(B) Any permit may be voided if these terms are violated.

(Ord. 2006-009, passed 5-8-06)

Methods and standards for tree protection shall be in accordance with this section.

(A) Trees identified to be preserved shall have four-foot, orange-tree-protection fencing installed at the critical root zones.

(B) (1) No person engaged in the construction of any structure(s) or improvement(s) or any activity shall encroach or place solvents, material, construction machinery or temporary soil deposits within six feet of the area outside the critical root zone, as defined herein, of any existing significant tree within a tree save area, transitional or undisturbed buffer zone.

(2) When proposed developments encroach into the crown dripline area of any landmark/oak tree, special construction to allow the roots to breathe and obtain water shall be engineered and implemented, as determined by the Community Development Director.

(C) All tree protection devices must remain in functioning condition until the project is completed or until the certificate of occupancy is issued.

(D) (1) Any tree designated in the plan to be saved, which is negligently damaged during construction or as a result of negligent construction, as determined by the arborist, shall be treated according to accepted National Arborists Association Standards.

(2) If fatally damaged, trees shall he replaced with six-inch-caliper trees equal to five times the diameter of the tree removed.

(Ord. 2006-009, passed 5-8-06) Penalty, see § 156.99

No certificate of occupancy or release of bonds shall be issued by the Director with respect to any permit, unless and until a certified arborist shall have inspected the site and confirmed that all existing trees to remain are in healthy

condition, and all replacement trees have been planted in accordance with this section. (Ord. 2006-009, passed 5-8-06)

(A) Tree preservation areas shall leave intact the naturally occurring groundcover and under-story vegetation, except where directed otherwise by the Community Development Director, in order to allow the removal of undesirable groundcover or under-story vegetation.

(B) The existing ground surface within crown dripline (measured horizontally) of the trunk of any tree shall not be cut, filled, compacted or paved, without the consent of the Director.

(1) Tree wells may be used when advisable.

(2) Excavation adjacent to any oak tree shall not be permitted where material damage to the root system will result.

(Ord. 2006-009, passed 5-8-06) Penalty, see § 156.99

(A) The intended decision of the Community Development Director is to conserve landmark/oak trees.

(1) Where protection of landmark/oak trees is not possible, the Director shall attempt to avoid the destruction of trees using best forestry practices.

(2) The Director’s decision shall be based upon reasonable standards, including but not limited to, the following:

(a) The condition of the landmark/oak tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as host for plant, pest or disease endangering other species of trees or plants with infection or infestations.

(b) The necessity of the requested action to allow construction of improvements or otherwise allow economic or other reasonable enjoyment of property.

(c) The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface waters.

(d) The number, species, size and location of existing trees in the area, and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the city as a whole.

(e) Best forestry practices such as, but not limited to, the number of healthy trees the subject parcel of land will support.

(B) (1) Any tree that is removed shall be replaced with trees that are a species deemed acceptable to the Community Development Director.

(2) If a deciduous tree is to be removed, then at least 75% of the DBH inches to be replaced must be with deciduous trees.

(C) Unless otherwise stated in these rules, the removal of any six-inch tree or six-inch grouping of landmark/oak trees must be replaced on a caliper-inch-per-caliper-inch basis.

(1) Any six-inch DBH tree that is not a landmark/oak tree must be replaced with oak trees, the total DBH of which is equal to 40% of the total DBH inches removed.

(2) No replacement tree may be less than 2-1/2 inches DBH.

(D) In the intended decision on an application for a permit, the Community Development Director may attach reasonable conditions to insure compliance with the stated purposes of this chapter.

(1) The issuance of a tree removal permit may be conditioned upon mitigation.

(2) Mitigation may consist of the planting of replacement trees at the sole expense of the applicant and/or the payment by the applicant into the Landmark/Oak Maintenance Fund.

(3) Any such intended decision shall include a statement for the reasons for the decision.

(Ord. 2006-009, passed 5-8-06)

(A) Notice of the Community Development Director's intended decision shall be given by personal delivery or first class mail to the applicant, and to any person filing a written request with the Director for notice of all permit approvals under this chapter.

(B) (1) Any person aggrieved or affected by the Director's intended decision, or any member of the City Council, may appeal the intended decision to the Planning Commission, by filing a written notice of appeal with the City Clerk within five days, excluding weekends and holidays, after the delivery or mailing of the notice.

(2) Any such notice of appeal shall be accompanied by an appeal fee in the amount specified by the City Council. (C) (1) If no appeal is filed within such time, the Director shall promptly implement the intended decision by denying or issuing the permit, with or without conditions.

(2) An appeal automatically stays execution of the implementation of the intended decision until the appeal has been considered and decided by the Planning Commission.

(D) (1) The Secretary of the Planning Commission shall place all such appeals on the agenda of the next regular Council meeting, and shall give notice to the applicant and/or appellant.

(2) The Planning Commission shall consider and decide all issues raised in the appeal.

(E) (1) The decision of the Planning Commission may be appealed to the City Council in accordance with established city procedures.

(2) The decision of the City Council shall be final.

(Ord. 2006-009, passed 5-8-06)

TREE CONSERVATION STANDARDS

(A) In case of an emergency caused by the dangerous condition of a landmark or oak tree requiring immediate action for the protection of life or property, a tree may be cut down, in whole or in part, on the order of the Director or any on-duty member of the Public Works/County Sheriff's Department.

(B) Public utilities subject to the jurisdiction of the California Public Utilities Commission may also take such action as may be necessary to maintain a safe operation for their facilities. (Ord. 2006-009, passed 5-8-06)

(A) That certain document known and designated as Pruning Standards , dated 1995, as prepared by the Western Chapter of the International Society of Arboriculture Certification Committee, and all subsequent updates as and when adopted by the Society, is adopted by the City Council as the standards for pruning trees located within the city, to all intents and purposes and to the same effect as if each and every section, paragraph, subparagraph, word, phase, clause or illustration contained therein were fully set forth herein, except for the deletion of any provisions as provided for in this chapter.

(B) A copy of these pruning standards is filed in the Office of the City Clerk. (Ord. 2006-009, passed 5-8-06)

(A) Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director in his or her capacity as enforcement officer.

(B) In the enforcement of this chapter, the enforcement officer and his or her deputies may enter upon private or public property to examine any oak tree, and may issue citations for any violations of this chapter. (Ord. 2006-009, passed 5-8-06)

(A) If the Director determines that a property owner, who has submitted a letter with an intent to prune a landmark or oak tree, cannot properly prune it without the assistance of a professional tree trimmer, and that such property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the Director may provide financial assistance to the property owner for the purpose of pruning the tree or trees, if all the following conditions are met, and funds are available:

(1) The property owner uses the property where the tree(s) is(are) located as his or her principal place of residence; and

(2) The aggregate gross income of all persons 18 years of age or older residing on the property does not exceed the moderate income range for the county as may be set from time to time; and

(3) The Director determines that it is necessary to prune the tree(s) to remove hazardous conditions, disease, rot, pests or other harmful conditions, or to promote the healthy growth of the tree(s).

(B) Such financial assistance may include, but not be limited to, low interest loans; work done by the city with the cost borne, in part or in whole, by the property owner; work done by the city with the cost borne by the city, to be repaid by the property owner upon such terms as the city and property owner shall agree; or any combination thereof. (Ord. 2006-009, passed 5-8-06)

For purposes of providing such financial assistance as described in § 156.28, there is hereby established the “Landmark/Oak Tree Maintenance Fund,” which shall be funded, either in part or in whole, by those portions of fines known as “penalty assessments,” which may be assessed by the courts for violations of this chapter. (Ord. 2006-009, passed 5-8-06)

(A) The City Council shall, by resolution, adopt guidelines for commercial, industrial and residential development and construction on property within the city, and city-initiated projects, where any oak tree is located.

(B) Such guidelines adopted pursuant to this section shall be made a part of this section, and shall be enforced as hereinafter set forth.

(Ord. 2006-009, passed 5-8-06)

(A) City-initiated projects should comply with the guidelines for landmark/oak tree conservation.

(B) If a landmark/oak tree is to be removed resulting from a city-initiated project, then the City Council shall make a finding of overriding considerations necessitating the removal of the tree.

(Ord. 2006-009, passed 5-8-06)

NUISANCE ABATEMENT

(A) It is declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the city with one or more oak trees located thereon, to intentionally, negligently, accidentally, or otherwise maintain such premises in such a manner so as to cause harm to and of such oak trees, by reason of any of the following conditions:

• (1) Water saturation or deprivation;

(2) Nailing, screwing, stapling, bolting or otherwise attaching boards, fences, signs, placards, posters or other material that might cause injury to the oak tree;

(3) Neglect in the pruning or trimming of overgrown, diseased, decaying, dead or rotting limbs, branches and foliage.

(B) (1) Whenever any premises or oak tree or trees exist, or are permitted to exist, within the city contrary to these provisions, the City Council, by resolution, may declare the same to be a public nuisance.

(2) Such resolution shall declare the intention of the City Council to commence abatement proceedings, as herein provided, and shall refer to the street and number under which it is officially or commonly known, and describe the property upon which such nuisance exists by giving the legal description of the land.

(Ord. 2006-009, passed 5-8-06)

All premises or oak trees declared to be such public nuisances and ordered to be abated, may be abated by watering, conditioning the soil, constructing berms, pruning or trimming, or removing offending materials affixed to the tree that might cause injury to such trees, pursuant to the procedures set forth in this code.

(Ord. 2006-009, passed 5-8-06)

(A) Within 30 days of its passage, the Secretary of the Planning Commission shall cause a certified copy of the resolution of the City Council to be conspicuously posted on the premises where the oak tree(s) is(are) located.

(B) Such notice shall be titled “NOTICE OF HEARING” in letters of not less than one inch in height, and shall be substantially in the following form:

NOTICE OF HEARING

TO ABATE NUISANCE

Notice is hereby given that on the day of , the City Council of the City of Riverbank passed a resolution, declaring that certain landmark/oak tree(s) located or standing upon that certain lot, piece or parcel of land, situated in the City of Riverbank, State of California, known and designated as, in said city, and more particularly described as Lot No. , Tract No. , or name of subdivision in said city, constitutes a public nuisance and must be abated by the rehabilitation of such premises by the watering, pruning, trimming or other methods; otherwise said nuisance will be abated by the municipal authorities of the city, in which case the cost of such rehabilitation, watering, pruning or trimming will be assessed upon the land on which said landmark/oak tree(s) is or are located, and such cost will constitute a lien upon such land until paid. (Reference is hereby made to said resolution for further particulars.)

(C) In accordance with these provisions, the Secretary of the Planning Commission shall cause to be served upon the owner of each of the landmark/oak tree(s) declared to be a public nuisance and sought to be rehabilitated by watering, pruning or trimming, one copy of such notice, and a certified copy of the resolution of the City Council.

(D) As aforesaid, such notices and resolutions must be posted and served at least 30 days before the time fixed for the hearing before the City Council, and proof of posting and service of such notices and resolutions shall be made by affidavit filed with the City Council.

(Ord. 2006-009, passed 5-8-06)

(A) Proper service of such notice and resolution shall be by personal service upon the person owning the property, as such person's name and address appears on the last equalized assessment roll, if he or she is found within the city limits.

(B) If he or she is not to be found within the city limits, proper service shall be by depositing a copy of such notice and resolution in the United States Post Office at Riverbank, California, properly enclosed in a sealed envelope with the posting thereon fully prepaid.

(1) Such mail shall be registered or certified, and addressed to such owner at his or her last known address.

(2) The service is complete at the time of deposit.

(Ord. 2006-009, passed 5-8-06)

(A) At the time stated in the notice, the Planning Commission shall hear and consider all objections or protests; shall receive testimony and other evidence from owners, witnesses and parties interested relative to the alleged public nuisance, and as to rehabilitation of the premises by the watering, pruning or trimming, or by other abatement thereof; and may continue the hearing from time to time.

(B) (1) Upon the conclusion of such hearing, the City Council shall allow or overrule any or all protests.

(2) If the Planning Commission finds that good and sufficient cause does exist why the premises should be rehabilitated, or landmark/oak tree(s) should be watered pruned, trimmed or treated, the Planning Commission shall prepare and file a report of such findings with the City Clerk.

(C) Following the public hearing, the Planning Commission may by resolution order the Director to abate the nuisance, after a period of 30 days, by having the oak tree(s) watered, pruned, trimmed, treated, or the nuisance otherwise abated, and the Director and his or her authorized representatives are hereby expressly authorized to enter upon private property for that purpose.

(D) If a person or persons desires to appeal a decision of the Planning Commission regarding the provisions of this chapter, they may do so in the manner prescribed by the adopted city municipal code.

(Ord. 2006-009, passed 5-8-06) Penalty, see § 156.99

(A) In accordance with the provisions of this chapter, a copy of the resolution ordering the Director to abate the nuisance shall be served upon the owner of the property, and shall contain a detailed list of needed corrections.

(B) Any property owner shall have the right to have any such oak tree(s) watered, pruned, trimmed, treated, or the nuisance otherwise abated, at his or her own expense; provided the same is completed prior to the expiration of the time set forth in the resolution.

(Ord. 2006-009, passed 5-8-06)

(A) The Director shall keep an account of the cost (including incidental expenses) of abating such nuisance on each separate lot or parcel of land where the work has been done.

(B) The Director shall render an itemized report, in writing, to the City Council, showing the cost of watering, pruning, trimming or treating the oak tree(s), and incidental expenses, on each separate lot or parcel of land; provided that, before it is submitted to the City Council:

(1) A copy of the report shall be posted for at least five days upon the premises or property upon which such oak tree(s) is(are) situated, or the nuisance committed, together with a notice of the time when the report shall be submitted to the City Council for confirmation.

(2) A copy of the report and notice shall be served upon the owner of the property at least five days prior to submitting the same to the Planning Commission, in accordance with the provisions of this chapter.

(C) Proof of such posting and service shall be made by affidavit and filed with the Planning Commission Secretary.

(D) The term INCIDENTAL EXPENSES shall include, but not be limited to, the expenses and costs of the city in the preparation of notices, specifications and contacts, in inspecting the work, and the costs of printing and mailing required hereunder.

(Ord. 2006-009, passed 5-8-06)

(A) At the date and time fixed for it receipt and consideration, the Planning Commission shall hear and pass upon the report of the Director, together with any objection or protests which may be raised by any of the owners of property liable to be assessed for the work of abating such nuisance, and by any other interested persons.

(B) Thereupon, the Planning Commission may make such revision, correction or modification in the report as it may deem just, after which, by resolution, the report, as submitted or as revised, corrected or modified, shall be confirmed; provided that the hearing or consideration may be continued from time to time.

(C) The decision of the Planning Commission may be appealed to the City Council in the manner prescribed in the municipal code.

(D) Any decision the City Council may make on all protests and objections shall be final and conclusive. (Ord. 2006-009, passed 5-8-06)

(A) The amount of the costs of abating such nuisance upon any lot or parcel of land, as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land, and as thus keep a lien on the property for the amount of such assessment.

(B) After the confirmation of the report, a copy shall be turned over to the County Assessor and the County Tax Collector, acting on behalf of the city, whereupon it shall be their duty to add the amounts of the respective assessments to the next regular bills of taxes levied against the respective lots and parcels for land for municipal purposes.

(1) Thereafter, such amounts shall be collected at the same time and in the same manner as other municipal taxes are collected.

(2) Thereafter, such amounts shall also be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for other municipal taxes.

(Ord. 2006-009, passed 5-8-06)

In addition to any other remedies provided by this chapter, the city shall have the following judicial remedies available for violations of this chapter or any permit condition promulgated under this chapter.

(A) The city may institute a civil action in a court of competent jurisdiction to establish liability and to recover damages for any injury caused by the removal of trees in contravention of the terms of this chapter.

(B) The city may institute a civil action in a court of competent jurisdiction to seek injunctive relief to enforce compliance with this chapter to enjoin any violation, and to seek injunctive relief to prevent irreparable injury to the trees or properties encompassed by the terms of this chapter.

(Ord. 2006-009, passed 5-8-06)

Any and all nuisances declared and abated hereunder shall be processed pursuant to the authority set forth in Cal. Gov’t Code §§ 38771 et seq. , in the manner described herein above.

(Ord. 2006-009, passed 5-8-06)

(A) Any person violating any abatement order provided in this chapter shall be deemed guilty of an infraction.

(B) (1) It is unlawful and a misdemeanor for any person to remove a landmark/oak tree without a permit, or to fail to have a removal permit in one's immediate possession during the course of removing an oak tree, or for any person to violate any provision of a major tree conservation permit.

(2) Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction pursuant to Cal. Penal Code § 19c.

(C) Any violation of any provision of minor tree conservation permit shall be deemed an infraction and be punishable upon conviction as hereinafter set forth.

(D) (1) Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed $1,000 and/or six months in the county jail.

(2) Each day that a violation continues shall be regarded as a separate offense.

(E) (1) Any person convicted of an infraction of this chapter shall be punished by a fine not to exceed $500.

(2) Each day the violation continues shall be regarded as a new and separate offense.

(F) (1) Upon a person’s conviction of any violation under this chapter, the court shall, in addition to or in lieu of any other penalty provided and imposed under the chapter, order the defendant to pay a civil penalty assessment to the Landmark/Oak Maintenance Fund, as described in § 156.29 herein, which is designed as restitution to compensate the city and the community for the loss or diminution of economic, aesthetic, environmental and property values resulting from the loss of any oak tree or portion thereof, and for the city's costs and attorney's fees in prosecuting the matter.

(2) Such civil penalty shall reflect true value of the oak tree, based upon such factors as size, location and age. (G) Such assessments will be used to provide financial assistance to those property owners qualifying for such assistance under § 156.28 herein.

(H) Any violation of any provision of this chapter may result in the immediate suspension of any permit previously issued for the construction and/or development of property upon which the violation occurred, until compliance with all mitigation measures required by this chapter is demonstrated to the satisfaction of the Director. (Ord. 2006-009, passed 5-8-06)