Tehachapi Municipal Code Ch. 12.08 Trees and Shrubs

The city council has determined that it is for the best interests of the city and of the citizens and the public thereof that a comprehensive plan for the planting and maintenance of trees and shrubs in the public streets and other public places within the city be developed and established. This chapter is adopted for the purpose of developing and providing such a plan.

(Ord. 367 § 1, 1970)

For the purposes of this chapter, certain words and phrases are defined, and certain provisions shall be construed as set out in this section, unless it is apparent from their context that a different meaning is intended.

A. "Person" means any individual, business, company, corporation (both public and private), association, political or governmental subdivision or unit, or other group acting as a unit or entity.

B. "Public street" means and includes every way set apart for public travel or use in the city, including the entire planting strip, sidewalk area, easements and rights-of-way between the property line and the street line.

C. "Sidewalk" means and includes a park or parking strip maintained in the area between the property line and the street line.

(Ord. 367 § 2, 1970)

It shall be the duty of the street superintendent to carry out and enforce the provisions of this chapter.

(Ord. 367 § 3, 1970)

A. It is unlawful for any person to refuse to allow the superintendent of streets, or employees of the city, under his direction, to enter upon any premises at any time during the hours of daylight, to remove any material or objects which it has become the duty of the superintendent of streets to remove under the provisions of this chapter.

B. Any person, firm or corporation violating any provision of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding three hundred dollars, or by imprisonment in the county jail for a period not to exceed ten days, or both such fine and imprisonment.

(Ord. 367 § 9, 1970)

A. The street superintendent shall prepare an official street tree list, containing the botanical and common names of trees and shrubs adaptable and suitable for planting in the varied widths and planting strip areas and other portions of the public streets and sidewalks. The list shall be on file in the office of the city clerk, and may be revised from time to time to include other suitable trees, or exclude trees which prove to be unsuitable.

B. No trees and shrubs shall hereafter be planted in any public street, sidewalk or other public place except those which are included in the official street tree list.

(Ord. 367 § 4(a), 1970)

It is unlawful for any person to plant or cause to be planted any tree or shrub in or upon any public street, sidewalk or other public place in the city without first having obtained a written permit from the street superintendent. The permit shall specify the location and species of trees or shrubs to be planted.

(Ord. 367 § 4(b), 1970)

Any tree or shrub in or upon a planting strip, sidewalk area, public easement and right-of-way between the property line and the street line which is endangering or which may endanger the security or usefulness of any public street, sidewalk, planting strip, public easement and right-of-way or other public place, shall be trimmed and/or removed by the owners of lots fronting on the public street, sidewalk, planting strip, public easement and right-of-way, or other public place, so as to remedy such condition.

(Ord. 367 § 4(d), 1970)

It is unlawful for any person to cut, prune, remove, injure or interfere with any tree, shrub, plant, tree-stake or tree-guard in or upon any public street, sidewalk or other public place in the city without prior permission and approval from the street superintendent. The street superintendent is hereby authorized to grant such permission at his discretion, and where necessary. No such permission granted shall be valid for a longer period than thirty days after its issuance. Any tree or shrub authorized to be removed shall be replaced by the permittee with such tree or shrub as the street superintendent designates in the permit for removal.

(Ord. 367 § 4(c), 1970)

A. Any tree or shrub growing on private property which is endangering, or in any way may endanger the security or usefulness of a public sewer, public street or other public place is declared to be a public nuisance. Such public nuisance may be abated pursuant to Chapter 8.28 of this code and the city may concurrently, separately, or consecutively utilize other methods of enforcement for ensuring compliance with applicable laws, including but not limited to, civil remedies such as injunctions, criminal remedies such as prosecution, and other administrative remedies available under applicable law.

B. In the event of an emergency, such trees or shrubs on private property may be trimmed or removed pursuant to the emergency abatement provisions of Chapter 8.28.

C. Nothing contained in this section shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree or shrub upon his property or under his control in such condition as to prevent it from constituting a public nuisance as herein provided.

(Ord. 367 § 6, 1970)

(Ord. No. 22-01-766, § 23, 1-18-2022)

It shall be the duty of the owner, agent of the owner, lessee of the owner, and the occupant or person in possession of any lot, or portions of lots, improved or otherwise, to remove from the sidewalk, planting strip, public easements and rights-of-way between their property line and the street line all earth, soil, grass, weeds, trees and shrubs, tin cans, rubbish, refuse, rank growths and waste materials of every kind, or other substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity, or obstruct such sidewalks, planting strips, public easements and rights-of-way, and thereby inconvenience, endanger or injure persons traveling thereon.

(Ord. 367 § 5(a) , 1970)

A. Whenever the superintendent of streets finds any earth, soil, grass, weeds, trees and shrubs, tin cans, rubbish, refuse, rank growths and waste materials of every kind, or other substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity, or obstruct such sidewalks, planting strips, public easements and rights-of-way and thereby inconvenience, endanger or injure persons traveling thereon, he shall give or cause to be given notice to remove such materials or objects, in the manner provided in this section.

B. The notice shall be in writing, signed by the superintendent of streets, and in substantially the following form:

NOTICE TO CLEAN PREMISES

TO THE OWNER, AGENT OF OWNER, LESSEE OF OWNER, OCCUPANT OR PERSON IN POSSESSION OF THE PREMISES HEREINAFTER DESCRIBED:

Your attention is directed to the provisions of Ordinance 367 of the City of Tehachapi, on file in the office of the City Clerk. Pursuant thereto, you are notified at once, or in any event within fourteen (14) days from the posting of this notice, to remove from the sidewalks, planting strips, public easements and rights-of-way between your property line hereinafter described and the street line, which is adjacent to and abutting to your said property, all earth, soil, grass, weeds, trees and shrubs, tin cans, rubbish, refuse, rank growths and waste material of every kind, or other substances or objects which may endanger or injure neighboring property, or the health, safety or welfare of the residents of the vicinity, or obstruct such sidewalks, planting strips, public easements and right-of-way and thereby inconvenience, endanger, or injure persons traveling thereon. If you fail to do so, the undersigned will cause the same to be so removed and you will be held individually and collectively liable for the costs and charges of such removal, and action will be brought in court to enforce payment therefor.

The said property is in the City of Tehachapi, Kern County, California, and is described as follows:

(DESCRIBE PROPERTY)

Dated this day _______ of _______, 19___

_____

Superintendent of Streets of the City of Tehachapi

C. Such notice shall be given by posting a copy thereof in a prominent place or places upon the property, and by mailing a copy thereof, postage prepaid, to the owner or owners of the property, according to the last assessment rolls of the city, addressed to the last address of such owner or owners as shown on the roll. If no such address appears, then it shall be addressed to General Delivery, Tehachapi, California.

(Ord. 367 § 5(b), 1970)

A. If the owner, agent of owner, lessee, occupant, or person in possession of the premises described in the notice set out above fails to remove such materials or objects within the time specified in the notice, it shall be the duty of the superintendent of streets to accomplish such removal.

B. After such removal is accomplished by the superintendent of streets, he shall file a statement of the cost and expense thereof with the city clerk, and shall mail a copy thereof to the owner of the property, addressed in the same manner as provided for the mailing of notices in Section 12.08.110.

(Ord. 367 § 5(c), 1970)

If the owner, agent of owner, lessee, occupant, or person in charge of the premises described in the notice fails to pay to the superintendent of streets the amount of such costs and expenses within thirty days after such notice is mailed, the city council may direct the city attorney, or other officer of the city, to commence action against the owner, agent of owner, lessee or occupant, or any one of them, individually and collectively, for the recovery of the amount of such expenses and charges, in any court of competent jurisdiction.

(Ord. 367 § 5(d), 1970)

At any time before the entry of judgment in an action instituted as provided in Section 12.08.130, any party interested may discharge such liability by payment to the superintendent of streets of the amount of such charges, together with any court costs accrued.

(Ord. 367 § 5(e), 1970)

Any funds collected as provided in Sections 12.08.100 through 12.08.140 shall be paid into the general fund of the city.

(Ord. 367 § 5(f), 1970)

It is unlawful for any person to place or maintain any stone, cement or other solid substance so that it impedes the free access of water or air to the roots of any tree, shrub or plant in any public street or other public place without prior permission and approval from the street superintendent.

(Ord. 367 § 8, 1970)

It is unlawful for any person to destroy or mutilate any tree, shrub, plant, tree-stake or tree-guard in any public street or other public place, or to attach or place any rope or wire (other than one used to support a young or broken tree), sign, poster, handbill or other thing to or on any such tree, shrub or plant, or to cause or permit or allow any gaseous, liquid or solid substance which is harmful to the tree, shrub or plant to come in contact with its roots or leaves.

(Ord. 367 § 7, 1970)

A. Any person aggrieved by any act or determination of the street superintendent in the exercise of the authority granted in this chapter may appeal in writing to the city council within ten days after receipt of such direction or order, by filing a notice of appeal with the city clerk, stating in substance that the appeal is being made from such direction or order to the city council and providing the grounds for the appeal.

B. The city clerk shall notify the appellant and street superintendent, in writing, of the time and place the city council shall consider the appeal at least ten days before the date set for hearing, unless appellant shall sign a written waiver of such notice. The street superintendent shall provide to the city council and appellant a copy of its records of the case appealed at least three days in advance of the date of the hearing; to appellant by first-class mail, personal delivery, or email if appellant provides his or her email.

C. In any appeal, the city council shall consider the written appeal, the record of the case submitted by the street superintendent, and other pertinent information presented. The city may issue subpoenas requiring attendance of witnesses or production of books or other documents for evidence or testimony at the administrative hearing in accordance with Section 2.02.040. Administrative hearings are informal, and formal rules of evidence and discovery shall not apply. Each party shall have the opportunity to present evidence in support of that party's case and the cross examination of witnesses is only required where the witnesses are the main evidence in the matter or the only evidence to be used by either party in the administrative hearing. The city bears the burden of proof at an administrative hearing to establish the validity of the appealed act or determination by a preponderance of the evidence. The records of the case submitted by the street superintendent shall constitute prima facie evidence of the facts contained in those documents.

D. Upon completion of its consideration, the city council may approve, modify or reject, wholly or partly, the act or determination of the street superintendent, and may make such decision or determination as the facts warrant, and its decision or determination shall be final and conclusive.

(Ord. 367 § 10, 1970)

(Ord. No. 22-02-767, § 6, 1-18-2022)