Taft Municipal Code Ch. 1 Trees and Shrubbery

This Chapter shall be known as the "Tree Regulations" and may be cited and referred to as such. (Ord. 246, 1-20-1958)

The Planning Commission is hereby authorized and directed to ascertain and determine the types and varieties of trees for planting along or overhanging the streets and after consulting tree lists approved by horticulturists and/or arborists. Such list shall be filed in the office of the Clerk and copies thereof made available to the public. (Ord. 246, 1-20-1958)

The Planning Commission shall from time to time when directed by the Council prepare a completed map of the City streets and designating a uniform method of street tree planting; the zoning of certain streets for types and varieties of trees. Such plans may show the intervals between trees and the location where such trees may be planted. (Ord. 246, 1-20-1958)

Every owner, tenant or other person having the possession or control of real property within the City shall have the duty to properly care for, maintain and replace all trees, shrubs and plants now or hereafter planted within any parkway or public place immediately adjacent to such real property. Replacement of trees, shrubs and plants removed due to injury, disease, accident, death or any other cause shall be pursuant to the approved tree, shrub and plant list. If removal of a tree, shrub or plant is due to accident or other cause subject to reimbursement through insurance, such proceeds shall be paid to the City and the City will replace such tree, shrub or plant. A non-fee permit to plant a tree, shrub or plant in any parkway or public place immediately adjacent to private property shall be required. (Ord. 353, 8-3-1970)

No person shall harm, injure or destroy any tree, shrub or plant growing upon any street, park, parkway or public place. No person shall cause or allow any brine water, oil or any other substance deleterious to tree or plant life to lie, flow or drip on or into the soil about the case or near any tree, shrub or plant in any street, park, parkway or other public place. (Ord. 246, 1-20-1958)

The Superintendent of Streets or other person designated by the Council is hereby authorized to inspect any tree, shrub or plant in any public place to determine whether the same constitutes a hazard, present or imminent, to the traveling public, or otherwise and when so determined he may cause or direct the hazardous condition to be removed or abated. (Ord. 246, 1-20-1958)

It shall be the duty of every owner, agent, tenant or other person having control of private property to maintain any trees, shrubs, hedges or other landscaping along a street, street right of way or public place adjacent to that person's property in such a nondangerous condition that the trees, shrubs, hedges or other landscaping will not interfere with the public convenience, access or safety in the use of the streets, sidewalks or public places. Said persons shall maintain such trees, shrubs, hedges or other landscaping so that there is minimum eight foot (8') vertical pedestrian clearance from the top of the sidewalk, or other walk way, and a minimum thirteen foot (13') vehicular clearance from the top of any curb, street or public place to any part of a tree, shrub, hedge or other landscaping located on person's property.

For purposes of this Chapter, maintenance of trees, shrubs, hedges or other landscaping includes but is not limited to: deep root watering, root pruning, installing root bearers, clearance and structural trimming, fertilizing, pest control, and removal of branches, leaves, and other debris. (Ord. 616, 6-21-1994)

When the owner of property fails to maintain that property pursuant to Section 2-1-7 of this Chapter and a dangerous condition, hazard or impediment to progress or vision of the traveling public on a street or public place is found to exist, the street superintendent shall provide notice of such hazard to the owner or occupant of the premises and request the abatement of said condition. The notice shall be given either by personal service or registered mail and the owner or occupant shall have ten (10) days to abate the condition complained of subsequent to the service or mailing of the notice.

If any person neglects, refuses to comply with the directive in said notice, the street superintendent is hereby authorized and directed to remove the cause of the hazardous and/or dangerous condition or the impediment to the progress or vision of anyone traveling on any street or public place, and the costs thereof shall be a valid charge against the person and the property and may be added to the current tax bill as a lien against the property. (Ord. 616, 6-21-1994)

The owner of property required by this Chapter to maintain trees, shrubs, hedges and other landscaping shall owe a duty to members of the public using public streets and sidewalks to maintain such trees, shrubs, hedges and/or other landscaping in a safe and nondangerous condition for users of the public street and sidewalks.

If any property owner fails to maintain any trees, shrubs, hedges or other landscaping adjacent to any street or public place in a nondangerous condition as required by this Chapter, and any person suffers damage or injury to person or property as a result thereof, the property owner shall be liable for all damages or injuries caused by the failure of the owner to maintain these areas. (Ord. 616, 6-21-1994)

Nothing contained in this Chapter shall be deemed to impose any liability upon the City, is officers, agents or employees, nor to relieve the owner of any private property from the duty to keep any trees, shrubs, hedges and/or other landscaping upon their property in such condition as to prevent it from constituting a hazardous or dangerous condition to the public. (Ord. 616, 6-21-1994)