San Jose Municipal Code Part 2 Powers and Duties

The director may exercise the powers and duties that are provided in this chapter relating to street trees, shrubs and hedges, except such powers and duties as are vested in other officers or employees by the Charter or the Municipal Code.

(Ord. 29000.)

The director shall direct and superintend all planting, removal, and maintenance, including cutting, pruning, trimming or topping of any trees, shrubs, and hedges in public places or on any streets, and any activities that may affect the critical root zone or aerial portions of a tree canopy, except those trees, shrubs, and hedges located in city parklands and in city-owned or controlled public buildings.

(Ord. 29000.)

A. Any tree which, because of factors including but not limited to its history, girth, height, species or unique quality, has been found by the city council to have a special significance to the community shall be designated a heritage tree. Such trees shall be placed on a heritage tree list which shall be adopted by the city council by resolution, which resolution may be amended from time to time to add to or delete certain trees therefrom.

B. Any person who unlawfully vandalizes, mutilates, removes or destroys a heritage tree shall incur a civil penalty in an amount up to thirty thousand dollars for each such tree so vandalized, mutilated, removed or destroyed within a three-year period, the collection of which shall be enforced by civil action brought in the name of the city by the city attorney.

(Ord. 29000.)

It shall be unlawful for any person to plant, remove, prune or maintain any trees, shrubs, or hedges or cause to the same to be done, in the city in violation of this chapter.

(Ord. 29000.)