San Bernardino Municipal Code Ch. 15.34 Removal or Destruction of Trees

Public safety and welfare and the protection of the environment requires that certain regulations be adopted pertaining to the removal of trees within the city.

(Ord. MC-682, passed 11-9-1989)

It is unlawful for any person, firm, corporation, partnership or association, either as owner, agent or otherwise, to cut down, uproot, destroy and/or remove more than five trees within any 36-month period from a development site or parcel of property without first being issued a permit from the City Development Services Department.

(Ord. MC-682, passed 11-9-1989; Ord. MC-1027, passed 9-9-1989)

A permit shall not be required when a lawful order to remove the trees for health and safety purposes has been issued by a local, state or federal government agency, nor shall a permit be required if a removal is to be accomplished by, or under the auspices of a governmental entity or employee(s) thereof. Commercial tree farms are also excepted from this chapter.

(Ord. MC-682, passed 11-9-1989)

(A) The owner of the property, or his or her agent, shall file a written application with the Planning Official prior to the destruction or removal of the trees. The Planning Official shall cause an inspection to be made of the property within ten working days to determine whether the trees can be removed. If it is determined that the trees can be removed without detriment to the environment and welfare of the community, then the Planning Official shall issue the permit. Such permit may be issued subject to reasonable conditions imposed by the Planning Official.

(B) When an inspection discloses that the removal of trees would be detrimental to the environment and harmful to the safety and welfare of the community, the Planning Official shall deny the issuance of a permit.

(C) Any person aggrieved by the denial of a permit by the Planning Official may appeal the decision to the Mayor and City Council in accordance with the provisions of Chapter 2.64.

(Ord. MC-682, passed 11-9-1989)

Each application for a permit shall be accompanied by an inspection fee which shall be established by resolution of the Mayor and City Council.

(Ord. MC-682, passed 11-9-1989)

(A) Any person who violates, or causes violation of, any provision of this chapter shall be deemed guilty of an infraction or misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010.

(B) Any person who violates or causes violation of any provision of this chapter, in addition to the above fine, shall pay restitution to the city for unlawful destruction or removal of the trees in an amount not to exceed the replacement value of the trees.

(Ord. MC-682, passed 11-9-1989)