Ross Municipal Code § 5.30

5.30.010 Purpose. It is the intent of the town council to authorize the licensing of bingo games in the town pursuant to Section 19 of Article IV of the State Constitution and Section 326.5 of the California Penal Code. (Ord. 376 §1(part), 1977).

5.30.020 License required. The town council authorizes the chief of police to issue a license to conduct bingo games within the town to those organizations which meet the criteria established in California Penal Code Section 326.5 upon the payment of a semiannual license fee of ten dollars. (Ord. 376 §1(part), 1977).

TITLE 6

HEALTH AND SANITATION

Chapters:

6.04 Health Department 6.08 Food Handling Establishments 6.12 Solid Waste

6.16 Health Nuisances 6.18 Smoking Regulations

Chapter 6.04

HEALTH DEPARTMENT*

Sections:

6.04.010 Marin County health department and officer. The county health officer and health department shall enforce and observe within the town all orders, quarantine regulations, rules prescribed by the California Department of Public Health, rules and regulations issued under the provisions of the California Health and Safety Code, together with statutes relating to public health, all as the same now exist or as the same may hereafter provide, and the county health officer and health department is vested with all of the jurisdiction, authority and powers which may be consented to, or conferred by, the town in connection with the administration and enforcement of the matters herein referred to. (Ord. 252 §1(part), 1966: prior code §5100).

6.04.020 Garbage disposal. Notwithstanding the provisions of Section 6.04.010 of this code, there is reserved to the town the matter of its own health and sanitation in any area not in conflict with the matters delegated in Section 6.04.010 of this code, together with and including the matter of controlling and regulating the collection and disposal of garbage. (Ord. 252 §1(part), 1966: prior code §5101).

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• For statutory provisions relating to the delegation by the town to the county of its health administration functions, see Health and Safety Code §§101375, 101380 and 101400-101425.

Chapter 6.08

FOOD HANDLING ESTABLISHMENTS¹

Sections

8.04.020 Fees. 8.04.030 Animal Feces. 8.04.161 Dogs prohibited upon the Ross commons.

• Prior ordinance history: Ord. 516, 538, 567, 581, 609, 628 and 690.

8.04.010 Adoption of Marin County Code. Pursuant to Section 50022.9 of the California Government Code, the Marin County animal services ordinance, as set forth in Chapter 8.04 of Title 8 of the Marin County Code, as may be amended from time to time, is adopted by reference, and shall be in full force and effect within the Town of Ross. (Ord. 690 (part), 2018; 609 (part), 2008; Ord. 581 §1(part), 2003).

8.04.020 Fees. The Town Council may adopt by resolution the fees authorized by this Chapter and any such other fees to recover the cost of providing services pursuant to this Chapter. (Ord. 690 (part), 2018; 609 (part), 2008; Ord. 581 §1(part), 2003).

8.04.030 Animal Feces. No owner or person having charge, custody or control of any animal shall permit such animal to defecate on any public property, either willfully or through failure to exercise due care to control, unless the person immediately removes and disposes of the feces in a sanitary manner. (Ord. 690 (part), 2018; 609 (part), 2008; Ord. 581 §1(part), 2003).

8.04.161 Dogs prohibited upon the Ross Common. (a) It is unlawful for the owner or person having control of any dog to allow or permit such dog, under any circumstances and at any time, whether leashed or unleashed, to be upon or within the publicly maintained park area commonly referred to as "The Common, (playing field)" and more particularly described as that improved lawn area lying completely within the asphalt pathway running the entirety of its southerly and easterly borders, the Ross school's playground on its westerly border, (and the

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asphalt pathway between the Ross School Multipurpose Room Stage and the area of the crosswalk across from the Post Office on its northerly border); provided, that this prohibition shall not apply to a person with disabilities requiring the use of a guide dog, signal dog or service dog to obtain equal access to such publicly maintained property.

(b) It is unlawful for the owner or person having control of any dog to allow or permit such dog to be unleashed on any part of the Ross Common park bounded by the Ross School to the west, Lagunitas Road to the north, the Ross Common road to the east, and Redwood Drive to the south during the hours that students are arriving to and departing from Ross School during the academic year, specifically one half hour before to one half hour after the opening of school entrances and one half hour before to one half hour after any student dismissal as published in the Ross School Parent Handbook for any given academic year; provided, that this prohibition shall not apply to a person with disabilities requiring the use of a guide dog, signal dog or service dog to obtain equal access to such publicly maintained property.

(c) Any person violating subsections (a) or (b) of this section as adopted in this chapter by reference is guilty of an infraction as provided in Section 19.6 of the Penal Code, and upon conviction thereof shall be punished by a fine not exceeding fifty dollars for the first offense, and by a fine not exceeding one hundred dollars for a second offense within a one year period. (Ord. 728 (part), 2025; Ord. 712, 2022; Ord. 658, 2015; Ord. 609 (part), 2008; Ord. 585, 2004).

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Chapter 8.16

PERMITS REQUIRED

Sections:

12.04.020 Notification to superintendent of streets. 12.04.030 Deposit required. 12.04.040 Superintendent of streets. 12.04.050 Backfilling and repaving. 12.04.060 Fees for backfilling and repaving. 12.04.070 Bond in lieu of deposit.

12.04.010 Permit required. It is unlawful for any person to cut, open, excavate or tear up any portion of any street, lane, avenue, public thoroughfare, or other public property within the town, for the purpose of laying, replacing or repairing any pipe, conduit or sewer therein, or for any other purpose whatsoever, without first obtaining a permit therefor and making a deposit with the superintendent of streets. (Prior code §7100).

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• For statutory provisions pertaining to the powers of towns viz. streets and sidewalks, see Gov. C.A. §40401. For state law pertaining to the authority of towns to prescribe the requirements for maintenance of all streets within the limits of the city, see Str. & H. C.A. §1921. See also Ch. 15.24 of this code.

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12.04.020 Notification to superintendent of streets. Any person desiring to cut, open, excavate or tear up any portion of any street, lane, avenue, public thoroughfare or other public property within the town, for the purpose of laying, replacing or repairing any pipe, conduit or sewer therein, or for any other purpose whatsoever, shall, before proceeding with the work, notify the superintendent of streets of the character and extent of the work proposed to be done and obtain from the superintendent of streets a permit to proceed with the work as the same shall be described in the permit. (Prior code §7101).

12.04.030 Deposit required. The superintendent of streets before issuing any such permit shall estimate the area and volume of the proposed cut, excavation, or opening, and shall require from the applicant for the permit a deposit based upon the area and volume at such unit prices as the council may prescribe from time to time by resolution. The deposit shall be held and applied by the superintendent to defray the cost of backfilling and repaving the cut, opening or excavation as provided in this chapter. (Prior code §7102).

12.04.040 Superintendent of streets. The cutting, opening or excavation specified in the permit required by Section 12.04.010, and the laying, replacing or repairing of any pipe, conduit or sewer therein, shall be done by the person receiving the permit, as directed by, and under the supervision and to the entire satisfaction of the superintendent of streets. Immediately upon the completion of the work by the person doing it, the superintendent of streets shall be notified of such completion and shall make a thorough inspection of the work and certify that it is to their satisfaction. (Ord. 728 (part), 2025; Prior code §7103).

12.04.050 Backfilling and repaving. All backfilling and repaving shall be performed to the satisfaction of the superintendent of streets, and shall be accomplished in such a manner so as to restore the street, or other public property, to the same condition that it was at the time of the cut, opening or excavation. The superintendent may require that the permittee, or their authorized agent or designee, perform all, or part of, the work involved, or may have the town perform all, or part of, the work. All materials used for backfill shall be of a consistency that will assure ninety percent compaction, and the superintendent may require that a concrete subpavement be laid to insure proper restoration of the pavement. (Ord. 728 (part), 2025; Prior code §7104).

12.04.060 Fees for backfilling and repaving. The superintendent shall pay the costs of such work as may be performed by the town out of the amount of the deposit received by them upon granting the permit hereinabove provided for. In computing such costs, the superintendent shall charge, as part thereof, such sum for their services as the council may determine from time to time by resolution, the charge to be paid by the superintendent to the town treasurer. All other labor, material and equipment shall be charged for at the reasonable value thereof; and upon completing such backfilling and repaving, the superintendent of streets shall return to the person from whom the deposit was received the balance remaining, if any, after paying the cost of the backfilling and repaving. In the event that the cost of the backfilling and repaving is in excess of the amount of the deposit, the superintendent of streets shall notify the person from whom the deposit was received of the amount of such excess, and such person shall pay the same to the superintendent of streets upon demand. (Ord. 728 (part), 2025; Prior code §7105).

12.04.070 Bond in lieu of deposit. In the event that the amount of the deposit required should exceed five hundred dollars, and in a case where the superintendent determines that the

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permittee, or their authorized agent or designee, is capable of, and will perform all of the work involved, " the superintendent may accept or approve, in lieu of a deposit, a performance bond, written by a reputable surety company, in an amount not less than twice the amount of the required deposit. (Ord. 728 (part), 2025; Prior code §7105.5).

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Chapter 12.08

ENCROACHMENTS IN THE PUBLIC RIGHT-OF-WAY OR

OTHER PUBLIC PROPERTY

Sections:

12.08.010 Purpose . The public right-of-way and public property are resources held by the Town for the benefit of the public. While it is recognized that special and unusual conditions may justify the installation, use, or operation of encroachments upon the public property, it is the policy of this Town to discourage encroachments onto public lands, and such encroachments shall be kept to a minimum. Encroachments shall be permitted on the public right-of-way or other public property only when necessary or desirable and not in conflict with the General Plan. The encroachment shall not create a substantial adverse impact on persons or property or adversely affect the public health, safety and welfare. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

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12.08.020 Definitions.

a. “Applicant” shall mean any person who applies for a permit pursuant to this chapter to encroach, obstruct, grade, construct improvements, or cause any of the same to occur upon a right-of-way or other public property.

b. “Director” shall mean the Town Manager or their designee.

c. “Encroachment” is any, improvement, structure or object, temporary or permanent, upon any public right-of-way or other public property so as to prevent, obstruct or interfere with its normal use.

d. “Permanent encroachment” means any encroachment which remains on the public right-of-way or other public property for over ninety (90) days.

e. “Permittee” means any person who has been issued an encroachment permit.

f. “Person” means any individual, group of individuals, business, organization, public agency or other entity.

g. “Temporary encroachment” means any encroachment which remains on the public right-of-way or other public property for ninety (90) days or less. (Ord. 728 (part), 2025; Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.030 Permit Required. No person shall create or maintain an encroachment, without obtaining and keeping in force and effect a permit as required by this chapter. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.040 Exceptions . The following shall be exempt from the provisions of section 12.08.030 of this chapter:

a. Public utilities which have an existing easement for utility service.

b. Town officers, employees, or independent contractors serving the role of Town officials, or agents acting in the discharge of their official duties.

c. Any work being performed by any person pursuant to a contract with the Town.

d. Lawn or ground cover of any grass or type not prohibited by other law within the public right-of-way directly adjacent to that person’s property, provided, however, that the lawn or ground cover shall be properly maintained and shall not extend into the traveled way of the public street nor into the drainage ditches, gutters or other drainage facilities, nor impede pedestrian travel. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.050 Prohibited Encroachments . The following encroachments are specifically prohibited and no applications will be accepted nor permits issued therefor:

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a. Construction or placement of any fill, wall, pipe, column, pole, fence, tree, shrub, or any other object, which would constrict and reduce the capacity of any watercourse to carry stormwater.

b. Erection or maintenance of a post, pole, column or structure for the support of advertising signs.

c. Erection, installation or maintenance of posts, poles or columns for the purpose of carrying lights intended primarily for lighting of abutting private property.

d. Installation or maintenance of underground tanks, vaults or elevators, except that underground vaults may be permitted as a part of facilities owned by public utilities and public agencies.

e. Installation or maintenance of signs bearing flashing or moving lights, except for temporary warning signs, barricades, or flashers required for protection of the public during construction operations.

f. Placing a plant or portion thereof, whether living or dead, including but not limited to, trees, flowers, mushrooms, bushes, fencing, vines, grass, turf, cones, or deadwood or any other encroachment in open space or on park land except in such cases as deemed necessary by the Director to provide for the public health, safety and welfare of this community. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.060 Application and Fees. An application for any encroachment under this chapter shall be submitted to the Director on approved Town forms. Additionally, concurrent with the application submittal, the Applicant shall comply with the following requirements:

a. Applicant shall notify in writing by first-class mail, postage prepaid, owners and residents, including business occupants, within 100 feet of the location of the proposed encroachment of the following:

• a.

1. Description of encroachment;

2. Notice of availability of inspection of a plan showing the location of the encroachment and construction details;

3. Notice of last day to inspect plans and/or file objection to the proposed encroachment;

4. Scheduled day of Director’s action to be taken on application;

5. Estimated length of time to complete installation of encroachment;

6. Possible disruption of service or accessibility to adjoining properties; and

7. Hours of construction.

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Applicant shall attach to their application a declaration under penalty of perjury on a form supplied by the Director attesting to the fact that these requirements have been met.

b. Applicant shall furnish two sets of any maps, diagrams, plans or similar exhibits sufficient to clearly illustrate the location and construction details of the proposed encroachment and its relation to existing and proposed facilities in the right-of-way or other public property.

• c. Applicant shall pay the permit fee as prescribed by Town Council resolution.

d. When the Applicant requests the temporary closure of a public street to pedestrian and/or vehicular traffic, the Applicant shall apply for the permit at least two (2) weeks in advance of the date of requested closure. When emergency situations arise due to unforeseen circumstances or other causes, the two (2) week period may be waived by the Director.

b. e. The Director may waive this requirement including application and fees, if the encroachment is minor in nature and does not include a structure. (Ord. 728 (part), 2025; Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.070 Permit Authority of Director . The Director shall have the authority to grant, conditionally grant or deny an encroachment permit pursuant to this chapter. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.080 Action on Applications . The Director shall grant or conditionally grant a permit if all of the following criteria are met:

• a. The Applicant has fulfilled all of the requirements listed in section 12.08.060;

• b. The encroachment for which the permit is requested is necessary or desirable;

• c. The encroachment is not in conflict with the General Plan;

d. The encroachment does not create a substantial adverse impact on persons or property; and

• e. The encroachment does not adversely affect the public health, safety or welfare.

The Director shall deny any permit regarding an application that does not satisfy all of the above criteria. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.090 Issuance of Permit or Notice of Written Decision to Deny Permit. The Director shall either issue the permit or send notice of the written decision to deny a permit within thirty (30) days of making their determination. Any required conditions other than the ones listed within this chapter shall be included in the permit. If the Applicant does not appeal pursuant to section 12.08.160, the decision of the Director shall be final. (Ord. 728 (part), 2025; Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

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12.08.100 Conditions of Permit. Where the Director grants a permit, they may condition that permit as they deem necessary to protect the Town, persons, property or the public health, safety and welfare. (Ord. 728 (part), 2025; Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.110 Term of Permit .

a. A temporary encroachment permit shall be valid for a term of ninety (90) days, unless the permit sets forth a different time frame or is revoked pursuant to section 12.08.250.

b. A permanent encroachment permit shall be valid for a term of one (1) year, unless the permit sets forth a different time frame or is revoked pursuant to section 12.08.250.

c. Any encroachment permit may be renewed at the end of its term provided the Permittee pays the renewal fees set by City resolution before the expiration of the prior permit term. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.120 Insurance . Within five (5) days of obtaining an encroachment permit and in any case before commencing any installation of the encroachment, as a condition of that permit, the Permittee shall obtain and at all times during the term of the permit carry, maintain, and keep in full force and effect such insurance as required by the Director. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.130 Security . Within five (5) days of obtaining an encroachment permit and in any case before commencing any installation of the encroachment, as a condition of that permit, Permittee may be required to post, and at all times while the permit is in existence maintain, security for use by the Town in the event that Permittee fails to remove the encroachment after the permit expires or fails to comply with the terms of the permit, this chapter, and all applicable law. The security required in this section may be in the form of a cash deposit or a surety bond in a form acceptable to the City Attorney and from a surety company approved to do business in the State of California. The security also may be in the form of an irrevocable letter of credit approved by the Town Attorney. The security shall be in the amount designated by the Director, which is determined to be sufficient for removal of the encroachment and proper restoration of the right-of-way or other public property to its former condition. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.140 Indemnification . Any person who creates or maintains an encroachment in the right-of-way or on public lands shall indemnify the Town. The Permittee shall execute an indemnification agreement on a form approved by the City Attorney. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.150 Standards and Specifications. The Director shall establish such standards and specifications as they may deem necessary for the proper construction, use and maintenance of encroachments. Any work performed or use pursuant to an encroachment permit issued under provisions of this chapter shall conform to these standards and specifications. In the absence of specific standards and specifications, recognized standards of construction or approved practices shall govern the work or use. (Ord. 728 (part), 2025; Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

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12.08.160 Appeal . Any Applicant may, within ten (10) days after issuance of the encroachment permit or notice of the written decision to deny a permit, file an appeal with the Town Council by written notice to the Town Clerk. The Council may, on its own motion, direct that the Director's action be referred to it for review. The Town Council after considering the action of the Director and hearing the appeal or referral shall approve, modify or overrule the action. The decision of the Town Council shall be final. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.170 Continuing Encroachments . If an encroachment continues on a right-ofway or other public property for more than five (5) years from the date of issuance, the Director may require the Permittee to enter into a lease agreement with the Town for the continued use of the encroachment area. The Permittee shall be responsible to follow all rules and regulations pursuant to this chapter and those contained in the lease agreement. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.180 Display of Permit . The Permittee shall keep any permit issued pursuant to this chapter so that it may be made available at the site of work during installation of the encroachment and must show the permit to the Director or a law enforcement officer on demand. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.190 Inspection. The Director is authorized to make such inspections as they may deem necessary in connection with permits issued under this chapter. (Ord. 728 (part), 2025; Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.200 Unanticipated Pipe or Underground Facility . Upon uncovering any pipe or underground facility not previously located or anticipated, Permittee shall cease work immediately and shall notify the Director. Permittee shall proceed with the work only after the proper utility has been notified and permission is granted by the Director to proceed. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.210 Changes in Permit . No changes may be made to the location, dimension, character or duration of the encroachment as granted by the permit or to any condition of the permit except upon the written approval of the Director. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.220 Notices .

a. Before beginning any work that includes construction of concrete sidewalks, curbs, gutters, or driveway approaches, planting, trimming or removing trees, or making, placing or causing an obstruction in the watercourse or traveled way, the Permittee shall give the Director one (1) full working day notification. Owners of abutting property shall be notified as directed by the Director of any inconvenience to them which will result from any such work.

b. Upon completion of all work authorized in the permit, the Permittee shall notify the Director. No work shall be deemed to be completed until notification of completion is given pursuant to this chapter and the work is accepted by the Director. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

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12.08.230 Maintenance of Encroachment . As a condition of the permit, Permittee shall exercise reasonable care in inspecting and maintaining the encroachment and the area affected by the encroachment after installation and for the duration of the permit. Upon notice from the Director, the Permittee shall immediately repair any injury, damage or nuisance in any portion of the right-of-way or other public property resulting from the installation, operation, use or maintenance of the encroachment. In the event that the Permittee fails to act promptly or should the exigencies of the injury or damage require repairs or replacement to be made before the Permittee can be notified or can respond to the notifications, the Town may, at its option, make the necessary repairs or replacement or perform the necessary work, and the Permittee shall be charged with all the expenses incurred in the performance of the work. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.240 Alteration, Removal or Relocation of Encroachment . At any time, when any encroachment authorized by this chapter is found to be in conflict with existing or proposed facilities or improvements owned, maintained or operated by the Town, such encroachment shall, upon written demand of the Director, be altered, removed or relocated at the sole expense of the Permittee in such a way as to eliminate the conflict.

Should the Permittee fail to comply with the written demand within the period of time listed in the notice, or within a reasonable time if no time period is listed, the Town may cause such alteration, removal or relocation of the encroachment at the expense of the Permittee. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.250 Revocation of Permit and Abatement .

a. The Town reserves the right to revoke any encroachment permit at any time if the permit is no longer in the public interest or if the Permittee has violated a permit condition, any provision in this chapter, or any other applicable law. Failure of the Permittee to maintain the required insurance or security bond shall result in the immediate revocation of the permit.

b. The Director shall give ten (10) days’ written Notice of Permit Revocation and Order of Removal, which shall instruct Permittee to remove the encroachment and fully restore the public right-of-way or other public property to the same condition existing prior to the permit. The Notice of Permit Revocation and Order of Removal may state a date whereby the removal and restoration shall be complete; if the order does not state a date, all removal and restoration shall be completed within five (5) days of Notice of Permit Revocation and Order of Removal. Should the Permittee fail to comply with the Notice of Permit Revocation and Order of Removal within the required time, the Town may undertake the removal of the encroachment. The Town may utilize the security for this purpose and may charge Permittee any additional costs of removal and restoration.

c. The Permittee may, within ten (10) days after issuance of the Notice of Permit Revocation and Order of Removal, file an appeal with the Town Council by written notice to the Town Clerk. A timely appeal shall stay the Director’s notice until the Town Council acts on the appeal. The Town Council after considering the action of the Director and hearing the appeal shall approve, modify or overrule the action. The decision of the Town Council shall be final.

d. Whenever the Director or the Council on appeal determines that an encroachment exists contrary to one or more of the provisions of this chapter or to any other applicable law, the

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encroachment shall constitute a public nuisance and may be abated by the Town pursuant to Chapter 9.04. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.260 Restoring the Public Right-of-Way or Other Public Property . Upon expiration of the permit term or when required by the Director, the Permittee shall replace, repair or restore the right-of-way or other public property at the place of the encroachment to the same condition existing prior thereto, unless otherwise provided in the permit. The Permittee shall remove all obstructions, impediments, materials or rubbish caused or placed within or upon the right-of-way or other public property pursuant to the permit and shall do any other work or perform any act necessary to restore the right-of-way or other public property to its former condition.

Upon satisfactory completion of all work authorized in the permit, fulfillment of all conditions of the permit, and the full restoration of the public right-of-way or public property to its former condition, as determined by the Director, the Town shall release the security within thirty (30) days from the Director’s determination. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

12.08.270 Penalties . Any person who does any act not in conformance with the requirements of this chapter may be prosecuted. The violation shall constitute a misdemeanor or an infraction. Illegal encroachments constitute a public nuisance and may be abated by the Town pursuant to Chapter 9.04. Such person shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by that person. The person responsible for installing or maintaining the illegal encroachment in violation of this chapter shall be liable for the costs of removal and the cost of restoring the property to its original condition in addition to any damages arising from the illegal encroachment. (Ord. 638 (part), 2013; Prior codes §3400, §3401, §3402, §3403).

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Chapter 12.12

WEEDS, TREES AND VEGETATION

Sections:

12.12.015 Maintenance of right-of-way. 12.12.016 Maintenance of defensible spaces on hillside lots. 12.12.017 Removal of diseased trees. 12.12.020 Procedure for abatement. 12.12.030 Public nuisance--Cost of abatement as lien.

-- 12.12.010 Responsibility of owner and occupant Permit requirement. All occupants

and owners of property within the town are required to trim, remove or destroy all trees, hedges, plants, shrubs or vegetation, or parts thereof, which are growing in a manner which obstructs or impairs the free full public use of the sidewalk area or street in front of the premises of such occupant or owner. All such owners and occupants are further required to remove or destroy all positively confirmed Dutch Elm Disease-infected trees, dead and dying elm wood larger than 1 1/2 inches in diameter, all grass, weeds, shrubs, bushes, trees or vegetation growing, or which have grown and died upon property owned or occupied by such property owners and occupants and which are a fire hazard or menace to public health, safety or welfare. The following conditions shall apply:

(1) Branches of trees shall not be permitted to extend lower than seven feet above the surface of the sidewalk area or to extend lower than thirteen feet six inches above the surface of the portion of the street used for vehicular traffic, whether planted in the sidewalk area or upon private property;

(2) Flowers, shrubs and other growth, with the exception of trees, in the sidewalk area shall not be permitted to exceed eighteen inches in height;

(3) Flowers, shrubs, hedges and other growth growing upon private property abutting any such sidewalk area shall not be permitted to extend out over, across or upon any portion of the sidewalk area except at the minimum height permitted in subsection (1) hereof;

(4) Permit Requirement. Removal of trees on unimproved property shall require a permit which shall be obtained from the director of public works pursuant to Chapter 12.24;

(5) Removal and disposal at an approved dumpsite of any living elm tree or part thereof infected to any degree with the Dutch Elm Disease fungus, Ceratocystis ulmi; or any dead elm tree or dead part of any elm tree, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed. (Ord. 611 (part), 2008; Ord. 518 §1(B), (C), 1993; Ord. 467 §§1, 2, 1988; Ord. 283 §1(part), 1968).

12.12.015 Maintenance of right-of-way. (a) All occupants and owners of property within the town are required to maintain the section of right-of-way from the property line to the edge of the road pavement free of public nuisances as defined in Section 9.04 of this code.

(b) Maintenance shall include removal of dead or dying trees, leaves and weeds which shall be disposed of away from the site. All landscaping shall be approved by the director of public works. Maintenance of all landscaping shall be the responsibility of the property owners. (Ord. 728 (part), 2025; Ord. 545, 1999).

12.12.016 Maintenance of defensible spaces on hillside lots. All occupants and owners of property located on hillside areas having a slope of thirty percent or greater or partially or wholly within Hazard Zones 3 or 4 shall create and maintain defensible spaces around each building and structure in accordance with the vegetation clearance requirements prescribed in California Public Resource Code 4291 and California Government Code 51182. (Ord. 611 (part), 2008).

12.12.017 Removal of diseased trees. The director of public works shall order, in cases where trees are being killed by disease or pests, the removal of dead or dying trees necessary to prevent spread of pests and disease. The director shall thereafter notify the property owner in writing to promptly remove and properly dispose of the infested or infected trees within fifteen days of notification. All wood shall be properly disposed of away from the site. The director depending on the situation, may allow the wood to be used as firewood if such wood is (1) completely covered with clear plastic with no openings, (2) sealed at the ground with soil and (3) held away from contact with wood by a frame, to prevent the spread of emerging adult pests. (Ord. 550, 1999).

12.12.020 Procedure for abatement. Whenever the owner or occupant of any property in the town fails to trim, remove or destroy trees, hedges, plants, grass, weeds, shrubs, bushes or vegetation, that are obstructing the sidewalk area or street, or are a fire hazard or menace, or are elm trees that have Dutch Elm Disease or diseased elm wood larger than one and one-half inches in diameter, or to maintain the right-of-way as provided in Section 12.12.015, or to remove diseased dead or dying trees as provided in Section 12.12.017, it shall be the duty of the director of public works to give written notice of such failure to comply with the provision of this chapter to the owner, or to the occupant if there by any and to post such notice conspicuously on the property. The notice shall briefly describe the work to be done and shall refer to this chapter and shall contain notification that unless the work shall be done within ten days after the service or posting of the notice the director of public works will do same, and that the costs and expenses thereof will be charged and made a lien against the property.

If the work is not done within ten days after the service or posting of the notice, it shall be the duty of the director of public works forthwith to proceed to do the same and put the property in the condition required by this chapter. The director of public works shall keep a record of the notice, and record of the work done and the cost of same. (Ord. 559(part), 2001: Ord. 518 §I(D), 1993; Ord. 283 §1(part), 1968).

12.12.030 Public nuisance--Cost of abatement as lien. A violation of the provision of this chapter is declared to be a public nuisance subject to civil penalties as provided in Section 9.04.150 of this code, and abatement.

The cost of abatement shall be made a lien on the property involved and collected as other town taxes, all as provided in Section 9.04.160 of this code. (Ord. 559(part), 2001: Ord. 283 §1(part), 1968).

Chapter 12.16

DRIVEWAYS AND DRIVEWAY CULVERTS

Sections:

12.16.020 Expense of removal or correction. 12.16.030 Procedure for removal or correction.

12.16.010 Public nuisances. The following are, for the purposes hereof, defined to be public nuisances and may be removed or corrected as hereinafter provided:

(a) Any collapsed, broken or damaged driveway culvert or driveway in a state of disrepair which causes a traffic hazard to exist or impedes the proper flow of roadside drainage;

(b) Any driveway culvert which because of its size, shape or elevation impedes the proper flow of roadside drainage;

(c) Any driveway without a culvert in a town street right-of-way where proper flow of roadside drainage required a culvert to be constructed.

The director of public works is hereby given the power to determine when such traffic hazard exists and when the proper flow of roadside drainage is so impeded. For purposes of this chapter, a driveway culvert is defined as a conduit of any material constructed under a driveway within a town right-of-way for the purpose of conducting water under the driveway. (Ord. 280 §1(part), 1968).

12.16.020 Expense of removal or correction. The removal or correction of a nuisance as above defined shall be at the expense of the property owner whose property is served by the driveway or driveway culvert in question. (Ord. 280 §l(part), 1968).

12.16.030 Procedure for removal or correction. Upon determination that a public nuisance exists by the director of public works, as provided in Section 12.16.010 hereof, the director of public works shall cause notice to issue and proceedings shall be conducted as provided in Chapter 9.04 of this code, and all provisions of the chapter shall be applicable to nuisances as defined in Section 12.16.010 hereof. (Ord. 280 §1(part), 1968).

Chapter 12.20

SIDEWALK, ETC., REPAIR AND RECONSTRUCTION

Sections:

12.20.020 Tenants to notify director of public works of defective sidewalk. 12.20.030 Enforcement of chapter. 12.20.040 Liability for injuries where report or repair not made. 12.20.050 Defects caused by tree roots. 12.20.060 Purpose of chapter. 12.20.070 Notice to repair--Required. 12.20.080 Notice to repair--Service; posting. 12.20.090 Notice to repair--Contents. 12.20.100 Time limit on repairs. 12.20.110 Failure to make required repairs. 12.20.120 Hearing. 12.20.130 Order to director to make repairs, etc. 12.20.140 Report of director as to repairs. 12.20.150 Confirmation of report of director. 12.20.160 Cost of repairs to constitute special assessments.

12.20.010 Owners to repair defective sidewalks. Any person owning real property in the town shall repair any defective sidewalk, curb, landscape or parking strip lying in front of or along the side of their property. (Ord. 728 (part), 2025; Ord. 436 §1(part), 1982).

12.20.020 Tenants to notify director of public works of defective sidewalk. Any tenant of real property in the town shall report to the director of public works (hereafter referred to as "director" in this chapter), in writing, the fact that any defective sidewalk exists in front of or along the side of the property occupied by them. (Ord. 728 (part), 2025; Ord. 436 §1(part), 1982).

12.20.030 Enforcement of chapter. The director shall enforce this chapter. (Ord. 436 §1(part), 1982).

12.20.040 Liability for injuries where report or repair not made. If, in consequence of any sidewalk being defective and in condition to endanger persons passing thereon, any person, while exercising ordinary care to avoid the danger, who suffers damage to their person or property through any defect of a sidewalk may have recourse for damages thus suffered against the person failing to repair such defect or the person failing to report the defect. (Ord. 728 (part), 2025; Ord. 436 §1(part), 1982).

12.20.050 Defects caused by tree roots. In the event that the defect is caused by a tree root, the director shall have power and authority to cut such root or to give permission to cut the same. (Ord. 436 §1(part), 1982).

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12.20.060 Purpose of chapter. The provisions of this chapter are intended as an alternative to the procedure set out in the Improvement Act of 1911. (Ord. 436 §1(part), 1982).

-- 12.20.070 Notice to repair Required. Any portion of any sidewalk, curb, park or parking strip in the town that is out of repair or in a dangerous or defective condition, in a condition to endanger persons or property passing thereon or in a condition to interfere with the public convenience in the use thereof is declared to be a public nuisance, and if the director shall have personal notice of the same they shall notify the owner or person in possession of the property fronting on that portion of the sidewalk, curb, park or parking strip so out of repair, to repair or reconstruct the same. (Ord. 728 (part), 2025; Ord. 436 §1(part), 1982).

-- 12.20.080 Notice to repair Service; posting. Such notice to repair or reconstruct may be served by written notice on the owner or to the person in possession of the property facing upon the sidewalk, curb, park or parking strip so out of repair, or by mailing, postage prepaid, to the person in possession of such property or to the owner thereof at their last-known address as the same appears on the tax rolls of the town, and when no address so appears, to the general delivery of the town, a notice to repair or reconstruct such sidewalk, curb, park or parking strip so out of repair. The director shall, immediately upon the mailing of such notice, cause a copy thereof, printed on a card not less than eight inches by ten inches in size, to be posted in a conspicuous place on the property. (Ord. 728 (part), 2025; Ord. 436 §1(part), 1982).

12.20.090 Notice to repair--Contents. The notice to repair required by this chapter shall specify that the condition constitutes a public nuisance and what work is required to be done, how the same is to be done and what materials shall be used in such repair or reconstruction. Such notice shall also provide that, if such repairs, reconstruction or both are not commenced as required by this chapter, the person on whom notice is served shall appear before the town council, as provided in this chapter, and show cause why the town should not order the repair or reconstruction work to be done. (Ord. 436 §1(part), 1982).

12.20.100 Time limit on repairs. The required repairs or reconstruction shall be commenced within thirty days after service of notice and diligently and without interruption prosecuted to completion on or before a regular council meeting which shall be specified in the notice to repair. (Ord. 436 §1(part), 1982).

12.20.110 Failure to make required repairs. Upon the failure of the owner or the person in possession of the Property to make the required repairs or reconstruction required by the notice to repair within the time prescribed 'by this chapter, such person shall appear at the meeting specified in the notice to repair and show cause why the town council should not order such repair work or reconstruction work to be done. (Ord. 436 §1(part), 1982).

12.20.120 Hearing. At the time stated in the notice to repair, the town council shall, if the work has not been done as aforesaid, hear and consider all objections for the doing of such work. Upon the conclusion of such hearing, the town council shall, if it overrules such objections or if no objections are presented, be deemed to have acquired jurisdiction to proceed to order the work to be done at the expense of-the property owner. (Ord. 436 §l(part), 1982).

12.20.130 Order to director to make repairs, etc. Upon acquiring jurisdiction to perform the work, as provided in Section 12.20.120, the town council shall, by resolution, order the

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director to repair or reconstruct the improvement work and the director is authorized to do and perform the same by day labor, and to employ labor and purchase materials necessary therefor, and the same shall be paid for from the general funds of the town. (Ord. 436 §1(part), 1982).

12.20.140 Report of director as to repairs. The director shall keep an account of the cost of such repairs or reconstruction in front of each separate lot or parcel of land, and shall render an itemized report in writing to the town council showing the cost thereof in front of each separate lot; provided, that before the report is submitted to the town council, a copy of same shall be posted by the town clerk for at least three days prior thereto on the official bulletin board at or near the door to the office of the town clerk in the town hall, together with a notice of the time when such report shall be submitted to the town council for confirmation. (Ord. 436 §1 (part), 1982).

12.20.150 Confirmation of report of director. At the time fixed for receiving and considering the report of the director regarding the repairs made, the town council shall hear the same, together with any objections which may be raised by any of the property owners liable to be assessed for the cost of such improvement, and thereupon make such modifications in the report as they deem necessary, after which, by resolution, such report shall be confirmed. (Ord. 436 §1(part), 1982).

12.20.160 Cost of repairs to constitute special assessments. The amount of the cost of the improvement in front of each parcel of land mentioned in the report of the director regarding repairs made shall constitute special assessments against the respective parcels of land, and as thus made and confirmed shall constitute a lien and be collectible all as provided in Section 9.04.160. (Ord. 436 §1(part), 1982).

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Chapter 12.24

PLANTING, ALTERATION, REMOVAL, OR MAINTENANCE OF TREES*

Sections:

12.24.010 Introduction and purpose. 12.24.020 Definitions. 12.24.030 Liability. 12.24.040 Trees in the public right-of-way. 12.24.060 Alteration or removal of trees on unimproved parcels. 12.24.070 Alteration or removal of trees on improved parcels. 12.24.080 Tree alteration or removal permits and appeals. 12.24.083 Tree alteration or removal permits to be posted. 12.24.085 Denial of incomplete or inactive applications. 12.24.090 Expiration. 12.24.100 Tree protection plan. 12.24.110 Funding. 12.24.120 Violation- Penalties.

• Prior ordinance history: Ords. 462 and 522.

12.24.005 Title. This Chapter shall be known as the Tree Protection Ordinance. (Ord. 659 (part), 2015).

12.24.010 Introduction and purpose. The Town of Ross recognizes the importance of trees to the community’s health, safety, welfare, and tranquility. Ross is acclaimed widely for the beauty and grandeur of its urban forest, and much of the town’s admired and valued ambiance derives from its arboreal canopy. In addition, trees offer windbreaks, provide erosion control, reduce runoff, act as filters for airborne pollutants, reduce noise, provide privacy, habitat for wildlife, release oxygen, and help reduce landslides through their extensive root systems. All trees provide these functions for the property on which they are growing. Trees of significant size and maturity and areas with extensive tree cover perform these functions for all persons living in their vicinity. These resources must be prudently protected and managed.

This chapter is adopted to accomplish the following purposes:

(1) To maintain trees in the community in a healthy and safe condition through good arboricultural practices;

(2) To provide reasonable regulations for the maintenance and removal of trees in the public right of way;

(3) To provide reasonable regulations for the alteration or removal of trees on privately owned parcels;

(4) To establish and maintain appropriate diversity in tree species and age classes to provide a stable and sustainable urban forest;

(5) To promote and maintain the aesthetic values of the community in general for the benefit of those who currently reside in Ross and as a legacy to future residents. (Ord. 659 (part), 2015; Ord. 568 (part), 2002).

12.24.020 Definitions. For the purpose of this chapter, the following definitions apply. Words and phrases used in this chapter that are not specifically defined in this section shall be interpreted to give them the meaning they have in common usage and to give this chapter its most reasonable application:

(1) “Alter,” means to take an action that diminishes the health and vigor of a tree. “Alter” includes, but is not limited to, excessive or improper pruning of a tree, grade changes around or near a tree, excessive irrigation of a tree, trenching in the root zone of a tree, and excessive use of herbicides, insecticides, or fungicides. “Alter” does not include: periodic trimming, shaping, thinning, or pruning of a tree to preserve or protect its health, growth, or appearance, in accordance with accepted arboricultural standards and practices and involving a removal of no more than 25% of an individual tree’s crown consistent with the Approved American National Standard (ANSI) Pruning, Repairing, Maintaining, and Removing Trees and Cutting Brush – Safety Requirements and Tree, Shrub, and Other Woody Plant Maintenance – Standard Practices (Pruning).

(2) “Certified arborist,” means a person who has been tested by, and is currently certified as, an “arborist” by the International Society of Arboriculture, or who is a currently a member or registered consulting arborist of the American Society of Consulting Arborists.

(3) “Diameter,” means the average diameter of the trunk of a tree measured at four feet and six inches (4’-6”) above the average ground level immediately surrounding the trunk of the tree, also called Diameter at Breast Height or DBH. If there are multiple stems below 4-1/2 feet, the diameter shall be the single largest branch (stem) at 4-1/2 feet; except, if only two stems are present, then the tree is considered to be forked and diameter shall be the measurement of the smallest trunk diameter below the fork.

(4) “Fire hazard” means a tree that has been designated for removal in writing by the local fire authority, or the tree is identified as any tree of the species known as acacia trees, bamboo, arborvitae, California bay, bishop pine, cedars, Coulter pine, cypress, Douglas fir, eucalyptus species (blue gum and red gum), false cypress, gray pine, junipers, knobcone pine, larch trees, Monterey pine, Scots pine, spruces, Torrey pine, and yew, or any tree located within 5 feet of a house or structure regardless of species

(5) “Improved parcel,” means any parcel in Ross which has a structure on it suitable for human habitation.

(6) “Native tree,” means a tree native to those lands that now constitute the town of

Ross.

(7) “Non-intrusion zone,” means the area of ground surrounding the trunk of a tree within which certain activities may be restricted or prohibited in order to protect the tree. The table below shall serve as a general guideline for determining non-intrusion zones; the precise non-intrusion zone shall be determined by the project arborist and shall reflect individual site conditions.

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(8) “Project arborist,” means a certified or registered consulting arborist retained by the applicant to report on and oversee the protection of trees on a site subject to a tree protection plan.

(9) “Protected tree,” means any tree located within twenty-five feet (25’) of the front or side yard property line or within forty feet (40’) of the rear yard property line of any parcel, with such tree having a diameter greater than eight inches (8”); and any tree planted as a replacement tree for a tree removed pursuant to this chapter or planted within a required yard setback area pursuant to a landscape plan approved by the town council.

(10) “Remove,” means the cutting down of a tree or the relocation of a tree in a manner not in accordance with accepted arboricultural practices.

(11) “Significant tree,” means any tree having a single trunk diameter greater than twelve inches (12”), or any tree designated to be preserved on plans approved by the town council, or as a condition of approval of a project approved by the town council.

(12) “Tree,” means a perennial plant having a permanent, woody, self-supporting main stem or trunk ordinarily growing to a considerable height. As defined herein, a “tree” may include a shrub as well as a tree.

(13) “Tree appraisal,” means a monetary valuation of a tree prepared by a certified or registered consulting arborist according to the most recent edition of the “Guide for Plant Appraisal” published by the Council of Tree & Landscape Appraisers.

(14) “Unimproved parcel,” means any parcel in Ross which does not have a structure on it suitable for human habitation. (Ord. 728 (part), 2025; Ord. 720 (part), 2023; Ord. 659 (part), 2015; Ord. 591 §§1, 2. 2005; Ord. 568 (Part), 2002).

12.24.030 Liability. Nothing in this chapter shall be deemed to impose any liability for damages or a duty of care and maintenance upon the town or upon any of its officers or employees. The person in possession of public property or the owner of any private property shall have a duty to keep the trees upon the property and under their control in a safe, healthy condition. Any person who feels a tree located on property possessed, owned, or controlled by them is a danger to the safety of themselves, others, or structural improvements on site or off-site shall have an obligation to secure the area around the tree or support the tree, as appropriate, to safeguard both persons and property from harm. (Ord. 568 (part), 2002).

12.24.040 Trees in the public right-of-way. The pruning, maintenance, and removal of all trees greater than six inches (6”) in diameter located in the right-of-way shall be subject to the following provisions:

(1) All work performed by either public staff or private contractor, shall be done in conformance with the Approved American National Standard A300 pruning standards and Z133.1 safety standards.

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(2) Tree service contractors must have on their staff a certified Arborist or other qualified person approved by the Town manager or their designee. The Arborist or other qualified person must certify that all work is performed in accordance with ANSI A300 pruning standards and Z133.1 safety standards.

(3) A Tree Alteration or Removal Permit is required to alter or remove a tree, pursuant to Section 12.24.080.

(4) For utility line clearing work, the Town manager or their designee shall be notified at least three working days before any line-clearing commences. The only allowed exception to this requirement is in the event of an emergency.

(5) Any party violating these provisions shall be subject to the penalties in Section

12.24.130.

(6) In the event of an emergency, when such tree poses an imminent threat to life or property, a peace officer or firefighter acting in their official capacity may approve tree alteration or removal in the absence of approval by the Public Works Director under Section 12.24.080.

(7) In the event of noncompliance with subsection (2) of this section, the Town manager or their designee may hire at the applicant’s expense a certified Arborist or other qualified person to oversee tree work. (Ord. 728 (part), 2025; Ord. 686 (part), 2018; Ord. 659 (part), 2015).

12.24.060 Alteration or removal of trees on unimproved parcels. The following provisions apply to the alteration or removal of trees on unimproved parcels:

(1) It is unlawful for any person to alter or remove , or cause to be altered or removed, any tree six inches (6”) in diameter or greater on an unimproved parcel in Ross without first obtaining a Tree Alteration or Removal Permit from the Public Works Director.

(2) Any person desiring to alter or remove a tree on an unimproved parcel must file for a Tree Alteration or Removal Permit following the application procedure as described in Section 12.24.080.

(3) In the event of an emergency, when such tree poses an imminent threat to life or property, a peace officer or firefighter acting in their official capacity may approve tree alteration or removal in the absence of the Public Works Director under Section 12.24.080. The Public Works Director shall be promptly notified of the nature of the emergency and action taken.

(4) Any person who alters or removes a tree, or causes a tree to be altered or removed in violation of the above restrictions shall be subject to those penalties provided in Section 12.24.130. (Ord. 686 (part), 2018; Ord. 659 (part), 2015; Ord. 568 (part), 2002).

12.24.070 Alteration or removal of trees on improved parcels. The following provisions apply to the alteration or removal of trees on improved parcels:

(1) No protected or significant tree shall be altered or removed without a Tree Alteration or Removal Permit.

(2) Any person desiring a Tree Alteration or Removal Permit must file for approval following the procedure as required by Section 12.24.080.

(3) In the event of an emergency, when such tree poses an imminent threat to life or property, a peace officer or firefighter in their official capacity may exempt a property owner from a Tree Alteration or Removal Permit requirement in the absence of the Public Works Director. The Public Works Director shall be promptly notified of the nature of the emergency and action taken.

(4) Any person who alters or removes a tree, or causes a tree to be altered or removed, in violation of the above restrictions shall be subject to those penalties provided in Section 12.24.130. (Ord. 686 (part), 2018; Ord. 659 (part), 2015; Ord. 568 (part), 2002).

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12.24.080 Tree alteration or removal permits and appeals. The Public Works Director shall review and approve, conditionally approve, or deny a Tree Alteration or Removal Permit application if no other entitlements are required. The Public Works Director shall give written notice to the applicant of their decision on the application within 30 days. The Public Works Director may refer an application directly to the Town Council for consideration.

(1) Application. An application for a Tree Alteration or Removal Permit shall be filed with the Public Works Department on forms prescribed by the Public Works Department, along with any plans or additional information required and the fee as established by a resolution of the Town Council. The application must include evidence supporting the findings required by this chapter and the following information:

(a) The address of the property on which trees are proposed to be removed;

(b) The name and mailing address of the legal owner of the property;

(c) The species and diameter of each tree proposed to be removed;

(d) Justification for the removal of each tree proposed to be removed including a certified arborist’s report describing the tree’s condition and structure, unless waived by the town;

(e) Proposed replacement trees and their locations;

(f) A scaled plan showing parcel property lines, exact locations of the trees proposed to be removed keyed to the application form, the proposed locations of any replacement trees, and any additional information deemed necessary by the Public Works Director. Each tree proposed to be altered or removed must also be physically marked on site;

(g) The name of the contractor designated to do the tree work and a copy of their current Town of Ross business license;

(h) The signature of the legal owner of the parcel;

(2) Criteria for approval. A Tree Alteration or Removal Permit may be issued only if one or more of the following considerations are met:

(a) The alteration or removal is necessary due to the condition of the tree with respect to its general health, damage, disease, danger of falling, proximity or damage to existing structures, or interference with utility services;

(b) The alteration or removal is necessary to allow the economic enjoyment of the property, such as construction of improvements;

(c) The alteration or removal will not adversely impact the subject property or neighboring properties; nor result in significant erosion or the diversion of increased flows of surface water;

(d) The alteration or removal is necessary due to fire hazards;

(e) The alteration or removal represents good forestry practices such as, but not limited to, consideration of the number of healthy trees the site will support;

(3) Additional criteria. Criteria for approval of a Tree Alteration or Removal Permit will be weighed against:

(a) The number, species, age, size, and location of existing trees in the area;

(b) The effect of the requested alteration or removal on shade areas or solar

access;

(c) The effect of the requested alteration or removal on soil retention, water retention, and diversion or increased flow of surface water;

(d) The effect of the requested alteration or removal on wildlife or creek habitat;

(e) The effect of the requested alteration or removal on historic value;

• (f) The effect of the requested alteration or removal on scenic beauty;

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(g) The effect of the requested alteration or removal on the general welfare of the town as a whole.

(4) Replacement tree. Unless otherwise specified by the Public Works Director or Town Council, replacement trees shall be required at the following ratios:

(a) A tree in good or excellent condition and structure shall be replaced on a oneto-one trunk diameter basis. (Example: 1 21” dbh tree in good or excellent condition must be replaced with new trees totaling 21” trunk diameter);

(b) A tree in fair or marginal condition or structure shall be replaced on a threeto-one trunk diameter basis. (Example: a 21” dbh tree in fair or marginal condition must be replaced with new trees totaling 7” trunk diameter);

(c) A tree in poor condition or creating a hazard to a building and/or structure, shall be replaced with 2 inches replacement trunk diameter.

Inches of replacement tree may be translated into standard nursery planting sizes using the following formulas:

24” box replacement tree = 2 inch replacement trunk diameter

36” box replacement tree = 3 inch replacement trunk diameter

48” box replacement tree = 4 inch replacement trunk diameter

If native species are removed, replacement trees shall be of a species native to those lands that now constitute the Town of Ross, or a non-native species approved by town staff based on specific site circumstances. Replacement trees should have the same mature size as the trees that have been removed, unless town staff recommends otherwise based on specific site circumstances. If there is a conflict between arborists regarding the condition or structure of a tree, the town arborist’s decision shall control. The Town Council or Public Works Director may reduce the number of replacement trees or the tree replacement ratio, as applicable, if the reduction will not negatively impact the environmental functions and value of the urban forest or the aesthetic values of the community.

The applicant shall complete tree replacement within sixty (60) days of tree removal, unless the Town has approved a longer time. Failure to plant required tree replacement may subject the property owner to Administrative Penalties under Chapter 9.70 until the replacement trees are planted.

(5) Alternatives to tree replacement.

(a) In lieu fees and offsite replacement. If onsite tree replacement is not feasible or desirable due to physical constraints or lack of adequate space on site, fire safety requirements, or tree canopy separation requirements, the applicant may instead make an in lieu payment to the Town for provision of off-site trees equivalent to the trunk diameter required in Section 12.24.080(4) and related improvements, or for the addition or the replacement of trees or vegetation on public property, or if approved by the Public Works Director, the applicant may install any remaining replacement trees on other property located within the Town. The Town Council shall establish the amount of the in lieu fee by resolution.

(b) Landscape restoration or screening. The Public Works Director or the Town Council may consider other measures, both on private and/or public property, designed to mitigate loss of trees or vegetation, such as screening shrubs, native shrubs, groundcover and related improvements, if tree replacement is not feasible.

(6) Appeal. The applicant or any interested person may appeal a staff decision on a Tree Alteration or Removal Permit to the Town Council pursuant to the procedures set forth in Chapter 18.60. The filing of a notice of appeal shall automatically stay the issuance of any Tree Alteration or Removal Permit until determination by the Town Council. (Ord. 728 (part), 2025; Ord. 686 (part), 2018; Ord. 659 (part), 2015; Ord. 591 §§3, 4, 2005; Ord. 568 (part), 2002).

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12.24.083 Tree alteration or removal permits to be posted. During the full course of any activity associated with tree removal, relocation, or alteration requiring a Tree Alteration or Removal Permit, the property owner and tree contractor shall ensure that a copy of the Tree Alteration or Removal Permit and current tree contractor business license is posted on the subject property. The Tree Alteration or Removal Permit shall be posted adjacent to the main entry drive and must be clearly visible from the right-of-way. Failure to post the Tree Alteration or Removal Permit and business license as required herein may result in the issuance of a stop work order. (Ord. 686 (part), 2018; Ord. 659 (part), 2015; Ord. 591 §5, 2005).

12.24.085 Denial of incomplete or inactive applications. Consistent with state law, the Public Works Director may administratively deny without prejudice any application which remains incomplete or inactive for a period of greater than ninety days, or is continued at the applicant’s request for more than sixty days. (Ord. 686 (part), 2018; Ord. 584 §1, 2004).

12.24.090 Expiration. Failure to complete tree alteration or removal within six months from the date of approval will cause Tree Alteration or Removal Permit approval to expire without further notice. (Ord. 686 (part), 2018; Ord. 568 (part), 2002).

12.24.100 Tree protection plan. In order to protect trees during construction of a project and thereafter, and to maximize the chances of their subsequent survival, a tree protection plan shall be required on sites where Significant or Protected trees may be impacted. The tree protection plan shall include a certified arborist’s report on existing conditions as well as a plan for tree protection during construction.

(1) When a Tree Protection Plan is Required. A tree protection plan shall be required as part of the materials submitted with applications for Hillside lot Permit and Hazard Zone Use Permits. Tree protection plans may be required for Subdivision, Variances, Demolition Permits, Design Review, Grading and/or Building Permit reviews at the discretion of the Public Works Director or Town Council, as applicable.

(2) Submittal Requirements.

(a) An arborist’s report shall provide the necessary information to determine the appropriate extent of tree preservation or protection and tree replacement requirements. The arborist’s report shall identify or cite any plans reviewed, and clearly describe and evaluate in writing all Significant and Protected trees on the property and all trees on neighboring properties that might be negatively impacted by the development. The report shall indicate the genus and species, shape, and trunk diameter of each tree, as well as its non-intrusion zone. The arborist’s report shall indicate those trees that are proposed to be altered or removed and the reasons therefor. The project arborist shall list key points during construction where they will perform site inspections to verify tree protection, and submit short summary reports to the Town for review after these. Applicant shall provide a fee for review of such reports and summaries to be determined by the Town.

(b) Tree delineations by trunk location keyed to the arborist’s report, as well as an accurate outline of each tree’s non-intrusion zone, must be shown on the project site plan or tentative map. Tree locations keyed to the arborist’s report must also be included on every page of the development or improvement plans where any work is proposed within or near the nonintrusion zone of any Protected or Significant tree. Site-specific tree protection measures shall be provided as part of the arborist’s report which shall be printed on plans and available on site throughout construction.

(3) Responsibility for tree protection during application review. The property owner and the person in control of the proposed development shall protect and preserve each tree

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situated within the site of the proposed development during the period the application for the proposed development is being considered by the Town. Any person who alters or removes a tree, or causes a tree to be altered or removed without a Tree Alteration or Removal Permit shall be subject to those penalties provided in Section 12.24.130.

(4) Tree Protection Plan Requirements. At the discretion of the Town Council or building and planning staff, as applicable, approved projects shall be subject to project design and construction requirements including, but not limited to, sub-sections (a) through (j), below. All applicable project design and construction requirements related to the protection of trees shall be implemented in accordance with International Society of Arboriculture guidelines, unless modified or waived by the Public Works Director in consultation with the town arborist.

(a) Before the start of any clearing, excavation, construction, or other work on the site, or the issuance of a Building or Demolition Permit, every Significant and/or Protected tree shall be securely fenced-off at the non-intrusion zone, or other limit as may be delineated in approved plans. Such fences shall remain continuously in place for the duration of the work undertaken in connection with the development.

(b) If the proposed development, including any site work, will encroach upon the non-intrusion zone of a Significant and/or Protected tree, special measures shall be utilized, as approved by the project arborist, to allow the roots to obtain necessary oxygen, water, and nutrients.

(c) Underground trenching shall avoid the major support and absorbing tree roots of Significant and/or Protected trees. If avoidance is impractical, hand excavation undertaken under the supervision of the project arborist may be required. Trenches shall be consolidated as much as possible.

(d) Concrete or asphalt paving shall not be placed over the root zones of Significant and/or Protected trees, unless otherwise permitted by the project arborist.

(e) Artificial irrigation shall not occur within the root zone of oaks, unless deemed appropriate on a temporary basis by the project arborist to improve tree vigor or mitigate root loss.

(f) Compaction of the soil within the non-intrusion zone of Significant and/or Protected trees shall be avoided. Use of bridging/protective materials such as layered mulch, trench plates, plywood or rubber mats is encouraged within non-intrusion zones.

(g) Any excavation, cutting, or filling of the existing ground surface within the non-intrusion zone shall be minimized and subject to such conditions as the project arborist may impose. Retaining walls shall likewise be designed, sited, and constructed to minimize their impact on Significant and/or Protected trees.

(h) Burning or use of equipment with an open flame near or within the nonintrusion zone shall be avoided. All brush, earth, and other debris shall be removed in a manner that prevents injury to the Significant and/or Protected tree.

(i) Oil, gas, paint, cement, chemicals, or other substances that may be harmful to trees shall not be stored or dumped within the non-intrusion zone of any Significant and/or Protected tree, or at any other location on the site from which such substances might enter the non-intrusion zone of a Significant and/or Protected tree.

(j) Construction materials shall not be stored within the non-intrusion zone of a Significant and/or Protected tree. On-site parking shall be kept outside non-intrusion zones.

(5) Authority of the Town Council to impose conditions. The Town Council, under its authority to approve, conditionally approve, or deny a project application, may, based on the certified arborist’s report and the comments of the town arborist, request modification to the project site plan of a development, adopt conditions of approval, or take any other relevant action

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deemed necessary to preserve, protect, or replace existing trees on or adjacent to the site of a development.

Failure to comply with requirements of the Tree Protection Plan or conditions of approval established by the Town Council shall be considered a violation of the provisions of this chapter and shall be cause for the denial of a Building Permit, a stop work order, or denial of a project final, and/or the application of those penalties provided in Section 12.24.120.

(6) Tree protection financial security. The Town Council, building or planning staff may require a financial instrument such as an irrevocable letter of credit to be provided, or a bond to be deposited, for an amount not to exceed the greater of the appraised value of a Significant or Protected tree or the in lieu fee per tree as described in Section 12.24.080 prior to issuance of any permit or discretionary approval that has the potential to damage or remove Protected or Significant trees not authorized by a Tree Alteration or Removal Permit. The irrevocable letter of credit or bond may be required to be in place for a maximum period of 2 years after construction is complete unless a longer period of time is required due to a staff determination that possible damage has occurred to one or more Significant or Protected trees. The letter of credit or bond will be released upon successful completion of the project and certification by an arborist and verification by Town staff that the tree protection plan was followed and the trees have not sustained damage or were not improperly removed during the construction and completion of the project. The Town may, at the Town’s discretion, require a portion of, or the full irrevocable letter of credit or bond amount to be used to replace Significant and Protected trees that are damaged or destroyed. (Ord. 728 (part), 2025; Ord. 686 (part), 2018; Ord. 659 (part), 2015; Ord. 591 §§6—8, 2005; Ord. 568 (part), 2002).

12.24.110 Funding. The town council, at its discretion, shall budget annually funds for the purpose of maintaining, replanting and improving the trees of the town and otherwise implementing the provisions of this chapter. (Ord. 659 (part), 2015; Ord. 568 (part), 2002).

12.24.120 Violations – Penalties.

(1) Violation Constitutes a Nuisance. It is declared that any violation of the provisions of this chapter shall, in addition to any other remedy, constitute a public nuisance, and such nuisance may be abated as provided by law.

(2) Civil Penalties. Any person who alters or removes a tree in the town, causes a tree to be altered or removed, or fails to observe approved tree protection conditions in violation of the provisions of this chapter may be held liable for compensation to the town in the amount of one thousand dollars ($1,000) per day for each such action and day the violation occurs. Such person shall include, but not be limited to, the property owner and the contractor removing the tree. A maximum civil penalty of one hundred thousand dollars ($100,000) exclusive of administrative costs, attorney’s fees and arborist fees, shall be assessed per incident lasting 100 days or more from the initial date of the violation until it is corrected. In addition, such person shall be responsible to undertake pruning and other remedial action the town determines reasonably necessary to protect public safety and property, and to help the tree survive the tree alteration. If the natural habit of growth of the tree is destroyed, the town may require the violator to remove the altered tree and install a replacement tree. Tree replacement criteria shall be consistent with section 12.24.080(4). As an alternative, any person who alters or removes a tree in the town, causes a tree to be altered or removed, or fails to observe approved tree protection conditions in violation of the provisions of this chapter may be liable to the Town in an amount equal to the appraised value of the tree.

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Any person violating this ordinance shall be notified in writing that the town council will hold a public hearing to establish the amount of the civil penalty. The council may accept the replanting of a comparable size and number of replacement trees, as determined appropriate by the town arborist, as correcting the violation. In such a case, the maximum civil penalty may be based on the number of days from date of the violation until the replanting date.

Unpaid compensation due to the town by a property-owner as a result of violation of the provisions of this chapter shall become a lien against the property on which the work is performed, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to such special assessment. Any person violating this ordinance shall also be responsible for reimbursement to the town for its administrative, legal and arborist costs associated with the violation.

(3) Forfeiture of Business License. In addition to those penalties described in section 12.24.120 (2), any contractor who removes, relocates, or alters a tree in violation of the provisions of this chapter shall forfeit their Town business license for a period of two years from the date of the violation. An application for a Tree Alteration or Removal Permit shall be accompanied by an application fee as shall be established by the Town Council by resolution. (Ord. 728 (part), 2025; Ord. 686 (part), 2018; Ord. 659 (part), 2015; Ord. 568 (part), 2002).

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Chapter 12.28

URBAN RUNOFF POLLUTION PREVENTION

Sections:

• 12.28.010 Title.

• 12.28.020 Purpose and intent. 12.28.030 Definitions.

• 12.28.040 Responsibility for administration. 12.28.050 Construction and application.

• 12.28.060 Discharge of pollutants.

• 12.28.070 Discharge in violation of permit.

• 12.28.080 Illicit discharge and illicit connections.

• 12.28.090 Reduction of pollutants in urban runoff. 12.28.100 Watercourse protection.

• 12.28.170 Coordination with hazardous materials inventory and response program.