Selma Municipal Code Ch. 4 Trees and Shrubbery

This chapter shall be known as the TREE REGULATIONS and may be cited as such.

The director of public works, or his duly authorized representative, shall be charged with the enforcement of this chapter. (Ord. 472, 11-1-1954)

No trees or shrubs shall hereafter be planted in or removed from any public parking strip or other public place in the city without the permission from the director of public works. (Ord. 472, 11-1-1954; amd. Ord. 852, 2-22-1983)

All trees and shrubs hereafter planted in any public parking strip or other public place in the city shall conform as to species and location with the recommendation of the Saratoga horticultural foundation or to the street tree plan of the city which are hereby made a part of this chapter. (Ord. 472, 11-1-1954)

It shall be unlawful to plant in any public parking strip the following trees:

It shall be unlawful to plant willow, cottonwood or poplar trees anywhere in the City unless the Director of Public Works approves the site as one where the tree roots will not interfere with a public sewer. (Ord. 472, 11-1-54; amd. Ord. 852, 2-22-83)

It shall be the policy of the City to conserve mature and healthy trees whenever feasible; provided, however, the Director of Public Works may cause trees to be removed when the Director of Public Works in his discretion determines that removal outweighs the interest in conservation of said tree.

Where roots from trees, shrubs or plants growing in a parking strip, any public place or in private property cause or may cause damage to sidewalks, curbs, gutters, driveways or public or private utilities, the Director of Public Works shall investigate and shall order corrective action. The Director of Public Works shall give written notice to the occupant or owner of such property or to the occupant or owner of property abutting a parking strip requiring that necessary trimming, root pruning or removal be performed by the occupant or owner at occupant or owner's expense. Owner or occupant may, within ten (10) days of date of mailing of the notice of required corrective action, request an appeal of the Director's decision to the City Council. The decision of the Council shall be final.

If the occupant or owner does not request an appeal and if the corrective action is not taken within the required ten (10) days by the occupant or owner, then in that event the Director of Public Works shall proceed to perform the required work and shall then charge the occupant or owner for all costs involved and such cost shall be a lien against the real property of the owner.

Nothing contained herein shall be deemed to impose any liability upon the City or to relieve the occupant or owner of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such condition as to prevent it from constituting a hazard to persons or property.

Nothing in this Section shall preclude the immediate removal by City forces of any obstruction, nuisance or overhang which the Director of Public Works determines to be a public safety hazard. (Ord. 852, 2-22-83)

No person shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, pleasure ground, boulevard, alley or public place of the City without the prior permission and approval therefor from the Director of Public Works. The Director of Public Works is hereby authorized to grant such permission in his discretion and, where necessary, subject to the condition that the removed tree be replaced by an official tree in conformity with the street tree plan at the sole cost and expense of the occupant or owner of the property. No such permission shall be valid for a longer period than thirty (30) days after its date of issuance. (Ord. 852, 2-22-83)

It shall be a violation of this Chapter to abuse, destroy or mutilate any tree, shrub or plant in a public parking strip or any other public place, or to attach or place any rope, wire, other than one used to support a young or broken tree, sign, poster, handbill or other things to or on any tree growing in a public place, or to cause or permit any wire charged with electricity to be attached to any tree, or to allow any gaseous, liquid or solid substances which are harmful to trees to come in contact with their roots or leaves. (Ord. 472, 11-1-54)

During the erection, repair, alteration or removal of any building, house or structure in the City no person shall leave any tree in any public street in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to said tree.

Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State of California, and any duly constituted public agency authorized to provide and providing utility service, may be given a permit from the Director, valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such similar acts with respect to trees growing within the public streets, as may be necessary to the City, or which overhang such public streets, as may be necessary to comply with the safety regulations of said Commission or public agency and as may be necessary to maintain the safe operation of its business. (Ord. 852, 2-22-83)