Sanger Municipal Code § 58-82 Public tree care

Footnotes:

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Editor's note— Ord. No. 1079, adopted June 1, 2006, amended Art. IV in its entirety and enacted similar provisions as set out herein. The former Art. IV derived from Code 1960, §§ 18.4—18.8.

State Law reference— Weeds and rubbish abatement, Government Code § 39501 et seq.; Tree Planting Act of 1931, Streets and Highways Code §§ 22000—22002; injuring shade or ornamental trees, Streets and Highways Code, § 1495.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Park trees means trees, shrubs, bushes and all other woody vegetation in public parks and other areas owned by the city.

Street trees are trees, shrubs, bushes and all other woody vegetation whose trunk is located primarily within any parkway, public sidewalk, street median, traffic island or other right-of-way under the ownership or control of the city by easement, license, fee title or other permissive grant of use.

Topping means the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.

(Ord. No. 1079, 6-1-06)

Cross reference— Definitions and rules of construction, generally, § 1-2.

Editor's note— Ord. No. 1139, § 7, adopted Oct. 3, 2013, repealed §§ 58-77—58-81, which pertained to tree and landscape commission and derived from Ord. No. 1079, adopted June 1, 2006.

The city may plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such grounds. The city may cause or order to be removed any tree or part thereof which is in an unsafe condition or which, by reason of its nature, is injurious to sewers, power lines, gas lines, waterlines or other public improvements or is infected with any injurious fungus, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection, planting and location of such trees is in accordance with the tree and landscaping plan and this article.

(Ord. No. 1079, 6-1-06; Ord. No. 1139, § 8, 10-3-13)

(a) It shall be unlawful for any person to top any street tree, park tree or other tree located on city property. Trees severely damaged by storms or other causes or trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section upon application to the city.

(b) The owner of any tree overhanging any street right-of-way within the city shall prune the branches so that they do not obstruct light from any streetlight or obstruct the view of any street intersection and so that there shall be a clear space of at least eight feet above the surface of a sidewalk and 12 feet above the surface of the street. Tree owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The city may prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight or interferes with the visibility of any traffic-control device or sign.

(c) The owner of any dead or diseased tree which constitutes a hazard to life or property or which harbors insects or disease which constitutes a threat to other trees within the city shall remove such tree. The city will notify in writing the owner of such tree of the dead, diseased or dangerous condition, which notice shall include an order for removal or pruning of such tree. The owner may request in writing a hearing before the city council. The hearing shall be held within 30 days of the request for the hearing. The city council shall consider all relevant evidence at such hearing and may take such action as it deems appropriate. If no request for a hearing is made by the owner, or if the city council upholds the order for removal, the tree shall be removed by the owner at his or her expense within 60 days after service of the notice unless the commission, after the hearing, vacates the order. Upon the failure of the owner to comply with the order to remove the tree, the city may remove such tree and charge the cost of removal to the owner.

(Ord. No. 1079, 6-1-06; Ord. No. 1139, § 8, 10-3-13)

(a) No person shall remove any tree having a minimum trunk diameter of six inches at breast height on any parcel within the city in anticipation of developing that parcel.

(b) All subdivision and other land development applications shall include a landscaping plan. Such plan shall indicate all proposed landscaping and shall include a map of the undeveloped/predeveloped property which clearly indicates all trees on the property, including the trees which are proposed for removal. The plan shall be consistent with the tree and landscape plan and city landscaping standards.

(Ord. No. 1079, 6-1-06)