Chapter 96 — TREES

This chapter shall be known and may be cited as the “Street Tree Ordinance of the City of Riverbank” (Ord. 2017-005, passed 4-11-17)

For the purposes of this chapter the following terms, phrases, and words shall have the meaning given herein: APPROVED TREES. Means trees planted and growing in accordance with the street tree plan, both as to variety and location. All other street trees shall be known as “nonconforming trees.”

STREET TREES. Means all trees planted or growing within public rights-of-way, public easements, streets, parking strips, roads and ways within the city. The locations herein referred to shall be known as “street tree areas.” (Ord. 2017-005, passed 4-11-17)

(A) The Development Services Department may prepare a street tree plan specifying a list of approved street trees, a uniform method of street tree planning, and designating certain streets or blocks of certain specimens of trees, plants or shrubs. The street tree plan shall subsequently be reviewed by the Planning Commission.

(B) The plan shall be submitted to the Planning Commission and after adoption of the plan, as submitted or modified, in accordance with law it shall become the street tree plan of the city.

(Ord. 2017-005, passed 4-11-17)

The City Manager shall have the authority and powers to administer the street tree program in accordance with the provisions of this chapter.

(Ord. 2017-005, passed 4-11-17)

The City Manager shall have the authority to order any work to prune, trim, clip, spray, maintain and care for street trees, or private trees to the extent that they overhang or project within public rights-of-way, or public roads of the city, as needed, to remove or require the removal by the owner of the adjoining property of diseased or dead trees, and encourage planting of approved trees throughout the city. The City Manager shall also have the authority to deviate from the designated tree for each block if circumstances warrant. Street tree pruning and tree removals shall be done in accordance with the street tree policy approved by the Planning Commission.

(Ord. 2017-005, passed 4-11-17)

(A) Upon the adoption of a street tree plan, all street trees shall hereafter be planted in accordance therewith and the provisions of this chapter. At the property owner’s request and cost, the city will remove and replace existing, nonconforming street trees with an approved tree.

(B) Each interior residential lot shall have at least one approved street tree. Each corner residential lot shall have at least two approved street trees. The City Manager may, in his or her discretion, approve a greater or lesser number of trees per lot, upon a review of the circumstances.

(Ord. 2017-005, passed 4-11-17)

(A) It is unlawful for any person to remove, damage, prune, or encroach upon, or cause to be removed, damaged, pruned, or encroached upon any street tree without first having obtained a permit from the Public Works Department. Said permit shall be issued only for work to be done in compliance with the street tree plan and this chapter. The City Council may establish and set from time to time a fee for such permits. All work done pursuant to a permit shall be completed under the supervision of the Public Works Department. Whenever any street tree, whether approved or nonconforming, is removed or needs replacing, it must be replaced with a tree approved for that specific street tree area in accordance with the street tree plan and the provisions of this chapter.

(B) Notwithstanding the foregoing, the City Manager shall issue to any person doing business as a public utility, subject to the jurisdiction of the California Public Utilities Commission and holding a valid franchise, a permit which shall authorize the cutting or removal of trees necessary for the safety and proper maintenance of said utilities service pursuant to the orders, rules and regulations of said California Public Utilities Commission. Such a permit, unless renewed, shall expire at the end of one year after the date of issuance, or it may be revoked for good cause. Even with a valid permit, utilities are prohibited from topping street trees. Directional pruning or other ISA-approved methods are allowed. The city’s pruning guidelines are contained in the city’s street tree pruning policy. (Ord. 2017-005, passed 4-11-17)

No person shall abuse, destroy or mutilate any street tree. Topping, severe pruning, or other inappropriate pruning techniques shall be considered mutilation. Directional pruning or other ISA-approved methods of pruning are allowed and do not constitute mutilation. Any such harm to street trees constitutes an immediate hazard to the public health, safety and welfare of the community and a public nuisance. Upon notice by the city, any person who violates the provisions of this section to the extent that the street tree must be removed or replaced, shall remove and replace the tree to the specifications of the street tree plan and the provisions of this chapter at their own expense. At the owner’s request and cost, the city may provide a tree to the property owner who shall be responsible for all planting and associated work.

(Ord. 2017-005, passed 4-11-17)

No person shall place or maintain any stone, cement, or other substance as to impede the free access of water or air to the roots of any street tree; not less than twelve square feet of open ground shall be left and maintained around every street tree.

(Ord. 2017-005, passed 4-11-17)

No person shall in any way interfere with the City Manager, other city employees, or their contractors while they are lawfully engaged in planting, mulching, pruning, trimming, spraying, treating or removing any street tree, or in removing any stone, cement or other substance from the trunk of any street tree or the surrounding open ground area.

(Ord. 2017-005, passed 4-11-17)

A written permit issued by the Public Works Department shall be obtained when the erection, repair, alteration or removal of any building, house or structure necessitates the trimming, pruning, or removal of any street tree. The City Council shall set from time to time by resolution a permit fee for such permits. As a condition to a permit granted pursuant to this section, the applicant shall deposit a security with the city, in an amount to be determined by the City Manager, sufficient to defray the cost of replacing the removed tree with an approved tree in conformance with the street tree plan.

(Ord. 2017-005, passed 4-11-17)

No person shall allow or maintain any tree on private property in such a way that creates a hazard to pedestrian or vehicular traffic by obstructing vision or impairing necessary clearance, or in any manner endangering the security or usefulness of any public street, sewer, sidewalk, or other public property. Any such private tree allowed or maintained contrary to the provisions of this section is a public nuisance; upon a determination by the City Manager that such private tree constitutes a nuisance, he shall give written notice to the owner of the property upon which said nuisance exists to trim, remove, or otherwise control such tree in such a manner as will abate such nuisance. Failure to comply with such written notice within ten days thereafter is a violation of this section. Such written notice may be given by a personal service of a copy thereof, or by placing a copy of the notice in the United States mail, postage prepaid, addressed to the owner of the property as shown by the last assessment roll of the city. (Ord. 2017-005, passed 4-11-17)

(A) With or before the filing of any final map of any new subdivision, the subdivider shall either file with the Development Services Department a proposed plan of street tree planting showing the location and variety of trees proposed to be planted in the subdivision, or shall request the Planning Commission to designate the type and location of street trees for such subdivision before approval of the final subdivision map.

(B) Subdividers are required to deposit a security, to be determined by the City Manager, sufficient to cover the cost of the number and variety of trees needed as determined by the Development Services Department for planting street trees within their subdivisions. Prior to the approval of the final subdivision map by the City Council, the deposit shall have been either paid or guaranteed by the subdividers bond. (Ord. 2017-005, passed 4-11-17)

Public utilities providing gas, water, electric, telephone or telegraph service to residents of the city may, in those emergency cases where street trees are interrupting the service, trim or remove branches of the trees to the extent necessary to restore services without securing a permit. However, once the emergency situation has been corrected, the public utility must finish the trimming through the use of directional pruning, v-pruning or other approved methods to leave the tree with a correct structure and a balanced shape.

(Ord. 2017-005, passed 4-11-17)

(A) In the event that any approved trees become subject to pests or otherwise unsuitable as street trees, the owners of not less than 50% of the front footage on any block and not less than 50% of the frontage of the block facing the same on the opposite side of the street may apply to the Planning Commission for change in the variety of approved trees on such block. “Block” means the block fronting on any street between cross streets. The Planning Commission shall schedule and conduct a hearing upon receipt of such notice. At least ten days prior to the hearing, the City Clerk shall provide

written notice of the hearing to the owners of lands on the block to be affected by such proposed change by mail to the addresses shown on the current assessment roll and may publish a notice of the hearing at least once in a newspaper published in the city. At the hearing the Planning Commission shall hear the evidence presented and shall take into consideration the effect of the change on the general tree planting program of the city. The Planning Commission shall issue a written decision, which the City Clerk shall be mail to all affected property owners as defined herein.

(B) Any person dissatisfied with the decision of the Planning Commission may appeal the same to the City Council within ten days after notice of such decision. The City Council shall consider such appeal at its next regular meeting or at such time as it may be continued, and its decision shall be final.

(Ord. 2017-005, passed 4-11-17)

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 any private property from the duty to keep any tree, shrub, or plant upon any street tree area on his property or under his control in such 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. (Ord. 2017-005, passed 4-11-17)

The property owner or occupant, as the case may be, shall be responsible for maintaining and otherwise watering street trees located in rights-of-way or easements abutting the property. (Ord. 2017-005, passed 4-11-17)

Notwithstanding any other provisions of this chapter, appeals from any direction or order given or made under the provisions of this chapter may follow the procedures set forth in this code for a hearing by a Hearing Officer or the Appeals Board.

(Ord. 2017-005, passed 4-11-17)

(A) Any person violating any of the provisions of this chapter is guilty of an infraction punishable by a warning on the first offense, a fine of $100 on the second offense, and a fine of $250 on the third offense and a fine of $500 on the fourth and subsequent offenses thereafter.

(B) The city may enforce any of the provisions of this chapter through nuisance abatement or any other administrative remedies available under this code.

(Ord. 2017-005, passed 4-11-17)

(A) Any tree or shrub growing in a street tree area or public place which is endangering or which in any way may endanger the security or usefulness of any public street, sidewalk or other public place or the full and safe operation of public utility wires, is hereby declared to be a nuisance, and the City Manager may cause the same to be trimmed or removed. In the case of any such trees or shrubs in the private property portion of the street tree area, the City Manager shall notify the owner, or the duly authorized agent, in writing that such tree or shrub is a nuisance and should be trimmed or removed. Failure of the property owner or his duly authorized agent to remove or trim such tree or shrub within 30 days after receipt of the notice by the Manager shall be a violation of this chapter, and the Manager, may then remove or trim the tree or shrub and assess the cost against the property owner.

(B) Mistletoe growing in any tree in the city is hereby declared to be a nuisance. The Manager may cause mistletoe growing in any tree in the street tree areas to be removed. In the case of mistletoe growing on trees on private property portion of the street tree area, the Manager, or their duly authorized representative, shall notify the owner, or their duly authorized agent, in writing that such mistletoe is a nuisance and should be removed. Failure of the property owner to remove or to have such mistletoe removed, within 35 days from the date of the notice shall be in violation of this chapter and the City Manager may then remove, or cause to be removed such mistletoe and the cost of removal shall be assessed against the property owner.

(Ord. 2019-002, passed 1-22-2019)