Rolling Hills Estates Municipal Code Ch. 12.20 Street Trees

For the purposes of this chapter, certain terms and words are hereby defined as follows:

"List" means the official tree planting list of the city of Rolling Hills Estates as approved by the city council.

"Maintain" or "maintenance" includes, but is not limited to, clipping, spraying, fertilizing, staking and typing, treating for disease or injury, and any other similar acts which promote the life, growth, health or beauty of trees.

"Plan" means the comprehensive plan for the planting and maintenance of trees in public areas and streets in the city of Rolling Hills Estates as approved by the city council.

"Planting easement" means strips of land along the front or side lines of lots abutting streets, avenues and public thoroughfares.

"Planting strip" means the area between the curb, or the place where the curb should be, and the adjacent property line.

"Public area" means parks, playgrounds, areas around public buildings, and all other areas under the supervision and maintenance of the city.

"Street" includes any public street, avenue, boulevard, lane, walk, road, parkway, alley, right-of-way or other public way.

"Street tree" includes any tree planted for the purpose of providing shade or beauty to the street area.

"Superintendent" means the street superintendent of the city of Rolling Hills Estates.

"Tree" includes any tree planted or maintained by the city.

(Prior code § 540)

The superintendent shall prepare for approval by the council the list containing the types and varieties of trees for planting along streets and in public areas within the city.

(Prior code § 541)

The superintendent shall prepare for approval by the council the plan for the planting and maintenance of trees in streets and public areas in the city which shall include, in general, maps of streets and public areas in the city, upon which there shall be designated a general plan for the uniform planting of trees and the zoning of streets for certain types of trees, and specifications for the size and type of such trees permissible within planting strips and planting easements within the city.

(Prior code § 542)

All new and replacement trees shall be confined to shade and ornamental trees from the current list and shall include all such new and replacement plantings in public areas, streets, planting easements and planting strips.

(Prior code § 543)

The superintendent shall require planting of street trees within planting strips or planting easements in any new subdivision in conformity with the plan and list.

(Prior code § 545)

No person shall plant or place shrubs, low-growing trees, flowers, vines, fences, rocks, gravel, signs, stakes or any other objects excepting sidewalks, driveways, watering basins for young trees and temporary protection for newly planted lawns or to cause or create conditions of uneven ground holes or other hazards in planting strips and planting easements in the city.

(Prior code § 544)

No person shall remove, trim, prune or cut any street tree except as provided herein. No person shall injure or destroy any tree planted or maintained by the city, by any means including, but not limited to the following:

A. By constructing a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any such tree so as to shut off its air, light or water from its roots;

B. By piling building material and equipment, or other substance and materials around any such tree so as to cause injury thereto;

C. By pouring any deleterious matter on or around any tree or on the surrounding ground, lawn or sidewalk;

D. By posting any sign, poster or notice on any such tree, tree stake or guard, or by fastening guide wires, cables, ropes, nails, screws or other devices to any tree, tree stake or guard;

E. By causing or encouraging any fire near or around any such tree.

(Prior code § 550)

It shall be the sole responsibility of the property owner to properly maintain all planting strips and planting easements, including all trees and plants located therein, abutting his property regardless of whether the property is developed. This maintenance shall include keeping such strips free from weeds or any obstructions deemed contrary to the public safety, in conformity with the plan.

(Prior code § 546)

The superintendent shall be responsible for the inspection, removal and replacement of all trees within public areas. Such trees shall not be removed unless ten days' written notice of such proposed removal is given to the abutting property owner, except where the superintendent determines that public safety requires the immediate removal thereof. The owner concerned may, within ten days after receipt of such notice file, in writing, his objection to the removal with the superintendent. If the objection is not sustained by the superintendent, the property owner shall have the right, within five days after notification of the overruling of his objection, to appeal the ruling to the city council by filing, in writing, his objection with the city clerk stating therein the reasons for his objection to the proposed removal. The city council shall thereafter hear and consider the matter, administratively, without the necessity of a noticed public hearing; provided, that the persons objecting and any other person requesting such notice is given written notice by the city clerk of the time and place of such hearing five days in advance thereof. At such hearing, all persons shall be given a reasonable opportunity to be heard.

(Prior code § 547)

The superintendent may cause the roots of young trees in the process of development to be cut to prevent future damage to sidewalks. Roots on older trees that have lifted sidewalks or otherwise damaged sidewalks or curbs may be cut and limbs may be pruned or cut back to compensate for loss of root area. The superintendent shall have the right to remove limbs from any tree regardless of its location if it appears that such removal is necessary in the public interest. If such trees requiring such removal are located on private property, the superintendent shall notify the property owner of such intent to remove limbs by written notice at least ten days prior to such removal except where he determines that public safety requires immediate removal. The property owner shall have the rights, as provided in Section 12.20.090, in the case of tree removal, except that if the superintendent determines that the public safety requires such removal, no such notice need be given.

(Prior code § 548)

Whenever a property owner desires to have a tree removed from a planting strip or planting easement, he shall file a written request therefor with the superintendent. If the tree is found to be in good condition and the request is granted solely for the convenience of the applicant, then the full cost of such removal and replanting as necessary, shall be borne by the applicant; the amount as determined by the superintendent shall be paid to the city treasurer before such removal shall take place.

(Prior code § 549)