San Clemente Municipal Code Ch. 12.24 Maintenance, Repair, Protection and Landscaping of Public Property By…

The following definitions shall govern the construction of this chapter:

"Bikeway" shall mean any improved right-of-way for bicycle purposes which is referenced within the City's General Plan and its implementation documents, whether or not such bikeway is adjacent to a street.

"City trail" shall mean any improved or unimproved right-of-way for equestrian, bicycle or pedestrian purposes which is referenced within the City's General Plan and its implementation documents, whether or not such right-of-way is adjacent to a street.

"Curb" shall mean a concrete or asphalt edging which defines the edge of a paved street and may, but need not, provide drainage.

"Ground cover" shall mean any plant less than twelve (12) inches in height.

"Gutter" shall mean a depressed, hard-surfaced area for conveying surface water.

"Hedge" shall mean any group of shrubs planted in line or in groups so that the branches of any one (1) plant are intermingled or contact the branches of any other plant in the line or group.

"Landscape maintenance" includes, but is not limited to, maintaining trees, shrubs, hedges and ground covers, through deep root watering; root pruning; installation of root barriers; clearance and structural trimming; fertilization; pest control; removal of branches, leaves and other debris whether dead or dying; removal, filling and replacement of landscaping within parkways; and all other work necessary to ensure the tree, shrub, hedge or ground cover does not create a dangerous condition.

"Parkway" shall mean that area from the back of the curb to the edge of the right-of-way, or, if no curb exists, that area from the edge of the street to the edge of the right-of-way.

"Person" shall mean any individual, firm, association, organization, partnership, business, trust, company, corporation or other entity.

"Private trail" shall mean any improved or unimproved right-of-way for equestrian, bicycle or pedestrian purposes, which is not referenced within the City's General Plan and its implementation documents, whether or not such right-of-way is adjacent to a street.

"Property owner" or "owner" shall mean any person holding title to real property abutting upon a right-of-way, or any agent thereof, as well as any person who has the legal right to occupy the property to the exclusion of others. For purposes of this chapter, prime responsibility for compliance shall rest upon whichever of such persons is the occupant or user of the property, and the ultimate responsibility shall rest upon the property owner.

"Public place" shall mean any real property owned by, leased to, or under the control of the City or any other public entity.

"Right-of-way" shall mean the entirety of that area dedicated for public use.

"Shrub" shall mean a bush or plant more than twelve (12) inches but not more than six (6) feet tall. A shrub shall not include a hedge.

"Sidewalk" shall mean any improved or unimproved pedestrian walkway within a right-of-way adjacent to a street.

"Sidewalk, bikeway and trail maintenance and repair" shall include, but not be limited to, maintenance and repair of surfaces including grinding, removal and replacement of sidewalks; repair and maintenance of curbs and gutters; trimming of trees, shrubs, and/or ground cover, and trimming trees, shrubs, and ground cover within the parkway and within the area on and overhanging any sidewalk, bikeway or trail so that the sidewalk, bikeway or trail will remain at all times in a nondangerous condition to persons using the sidewalk, bikeway or trail and in a condition which will not interfere with the public convenience in the use of the sidewalk, bikeway or trail.

"Street" shall mean a right-of-way owned by the City of San Clemente, the County of Orange, or the State of California, whose primary function is to carry vehicular traffic.

"Street tree" shall mean (1) the first line of tree planting located adjacent to a public street designated within the Scenic Corridors Master Landscape Plan; (2) trees on other streets within the public right-of-way as designated by the Beaches, Parks and Recreation Department; (3) trees in public median islands.

"Trail" shall mean both City trail and private trail.

"Tree" shall mean any growing plant exceeding six (6) feet in height, whether planted singly or as a hedge.

(Prior code § 31-35)

A. Maintenance.

1. The owner of any property fronting on or adjacent to any portion of a street, sidewalk, bikeway, trail or parkway shall perform landscape maintenance on any and all trees, shrubs, hedges and/or ground cover (excluding street trees) on his or her property including any portion of such a tree, shrub, hedge or ground cover which encroaches into the street, sidewalk, bikeway, trail or parkway. In performing landscape maintenance, the owner shall ensure that the tree, shrub, hedge or ground cover does not interfere with the public convenience or safety in the use of the street, sidewalk, bikeway, trail or parkway. A property owner shall maintain trees so that there is a minimum eight (8) foot vertical clearance over any street, sidewalk, bikeway, trail or parkway and a minimum thirteen (13) foot vertical clearance as measured from the top of the curb (or edge of the street if there is no curb) to any portion of any tree. In addition, it shall be the responsibility of the property owner to water any street tree as necessary to promote healthy growth and protect the improvements within the parkway, and to do such trimming as can be done from the ground to preserve the neat appearance and unobstructed use of the street, sidewalk, bikeway, trail or parkway. The City shall be responsible for all major pruning/trimming or other street tree surgery and for the control and treatment of insects, pests and diseases.

2. No person shall cut, carve, mutilate or otherwise do harm to any street tree or prune or top such street trees except as provided for in this chapter, or apply or allow to exist upon any surface adjacent to a tree, shrub, hedge or ground cover any substance harmful to the street trees.

B. Duty to Public. .....Persons required by this section to maintain trees, shrubs, hedges and ground cover shall owe a duty of care to members of the public utilizing public streets, sidewalks, bikeways, trails and parkways to maintain such trees, shrubs, hedges and ground cover in a safe and nondangerous condition in order to permit members of the public to use the streets, sidewalks, bikeways, trails and parkways free from dangers created by such trees, shrubs, hedges and ground cover.

C. Owner Liable to Public. .....If any property owner required to maintain any tree, shrub, hedge or ground cover in the manner required by this section fails to do so, and any other person suffers damage or injury to person or property as a result, the property owner shall be liable for all damages or injuries caused by the failure of such owner to maintain the tree, shrub, hedge or ground cover.

(Prior code § 31-36)

When any tree, shrub, hedge, or ground cover, or any part thereof required to be maintained by a property owner appears to be dead, is liable to fall, poses a danger to person or property, or is an obstruction to the flow of drainage or vehicular, equestrian, bicycle or pedestrian traffic on or along any street, sidewalk, bikeway, trail or parkway as applicable, the City Manager or designee, may issue written notice to the property owner to cut down, trim, remove or otherwise remedy the condition of the tree, shrub, hedge or ground cover, and inform such person that a permit may be necessary prior to commencing such work. A permit shall be required when, in the opinion of the City Manager, or designee, the removal or maintenance of the tree, shrub, hedge or ground cover threatens to damage public improvements.

(Prior code § 31-37)

Street trees may be removed by the City for any of the following reasons:

A. Visual Hazard. Obstructing sight distance necessary for the safe operation of vehicles at street intersections, or obscuring in an otherwise incurable manner any traffic or railroad crossing signal or other safety device as determined by the City Engineer;

B. Safety Hazard. Any condition as determined by the Director of Beaches, Parks and Recreation to be an immediate hazard to life or property;

C. Condition. Dead, decayed or diseased beyond correction;

D. Unauthorized Plantings. Any tree planted without City approval, in improper location or of an unauthorized variety for area.

(Prior code § 31-38)

A. Maintenance Costs. .....Notwithstanding anything in this chapter to the contrary, the maintenance and repair of sidewalks, bikeways, curbs, gutters and trails and the making, confirming and collecting of assessments for the costs and expenses of such maintenance and repair may be done in accordance with this chapter and the procedure provided in Chapter XXII of Division 7, Part 3 (commencing with Section 5600) of the Streets and Highways Code. In the event of any conflict between the provisions of the Streets and Highways Code and this chapter, the provisions of the Streets and Highways Code shall control.

B. Property Owner—General Maintenance Obligations. .....Except as provided in subsection D of this section, owners of property adjacent to any portion of a sidewalk, bikeway or private trail shall perform all sidewalk, bikeway and private trail maintenance and repair and pay all costs and expense of the maintenance and repair, including but not limited to all the City's repair, replacement, maintenance and inspection costs as well as all administrative costs under subsection A of this section, and all costs of handling any lien on property due to failure of the property owner to promptly pay such assessments.

C. Sidewalk Maintenance.

1. The property owner shall maintain, repair and/or replace any sidewalk adjacent to their property in accordance with approved City policy and specifications. In those areas of the City of San Clemente as designated on the following Exhibit "A", when the sidewalk to be repaired/replaced is of historic clay tile or a mixture of tile and patches of other materials, it shall be replaced with eight and five-eighths (8 ⅝) inches × eleven and five-eighths (11⅝) inches tile installed with mortar on a base of concrete in accordance with City specifications.

2. The property owner shall not be responsible to repair and replace sidewalks adjacent to their property when vertical offset is greater than one (1) inch and:

a. The damage was caused by City street trees;

b. The damage was due to City utility cuts.

D. City Maintenance Obligation. .....The City shall have the following maintenance and repair obligations:

1. City Trails. The City shall be responsible for maintenance and repair of all City trails.

2. Bikeways. The City shall be responsible only for repair and replacement of the bikeway surface and structural sections only.

3. Curb and Gutter. The City shall provide routine maintenance and repair of all public curb and gutters except when City determines that the damage to the curb and gutter is attributable to the adjacent property owner's action, in which case the property owner shall be responsible for such repair or replacement.

(Ord. 1276 § 1, 2003; prior code § 31-39)

(Ord. No. 1560, § 2, 11-8-2012)

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Any person required by Section 12.24.050 of this chapter to perform sidewalk, bikeway or trail maintenance and repair shall owe a duty of care to members of the public to keep and maintain the sidewalk, bikeway or trail in a safe and nondangerous condition. If, as a result of the failure of that person to maintain the sidewalk, bikeway or trail in a nondangerous condition in the manner required by Section 12.24.050, the property owner shall be liable to any person for the resulting damages or injury that person suffers as a result.

(Prior code § 31-40)

The provisions of Sections 12.24.010 through 12.24.060 of this chapter shall not apply to a public place.

(Prior code § 31-41)

A. Permit to Install and Maintain Landscaping. .....No person shall install and/or maintain landscaping on property owned by the City without first having obtained a City permit to install and maintain private landscaping on public property. Any person desiring to landscape property owned by the City may submit a completed application, together with the applicable application fee as determined by City Council resolution, to the City Beaches, Parks and Recreation Department for the purposes of obtaining a permit to install and maintain landscaping on property owned by the City. Issuance of the permit shall be in the sole discretion of the Director of Beaches, Parks and Recreation (the "Director") and may be subject to those conditions deemed necessary by the Director to protect the public health, safety and welfare.

B. Submission and Content of Plans. .....Concurrently with the submission of the application referenced in subsection A of this section, the applicant shall submit to the Director a complete set of plans describing the area in which the landscaping is to be located, the proposed plant materials to be installed, and the location and nature of all landscaping maintenance improvements to be located on City property.

C. Removal of Landscaping and Improvements. .....In the event that the City determines that the removal of landscaping and/or improvements becomes necessary, the Director shall provide a written notice to the permittee ordering the removal of the landscaping and/or improvements within thirty (30) days of the date of issuance of the notice to remove. Landscaping remaining at the end of the required removal period may be removed by the City as a public nuisance. The cost for such removal may be imposed as a lien against the permittee's property and/or as a personal obligation of the permittee.

(Ord. 1128 § 1, 1993)