Tehama Municipal Code Ch. 12.08 Street Trees and Shrubs

No person shall trim, break, deface, destroy, burn or remove any tree, hedge, or large shrub growing on any public property or public right-of-way unless authorized to do so in writing to the city council of the city.

(Ord. 125 § 1, 1985)

Any person desiring to remove any tree, hedge, or large shrub from any public property or public right-of-way shall file an application with the tree commissioner.

(Ord. 125 § 2, 1985)

The city council may issue a permit authorizing the removal of a specific tree(s), hedge(s), or large shrub(s) on public property or a public right-of-way subject to terms and conditions they deem appropriate or they may deny such a permit. The decision to issue or deny the permit and any terms and conditions of the permit shall be based on the following criteria:

A. The condition of the tree or shrub with respect to disease, general health, damage, public nuisance, danger of falling, proximity to existing or proposed structures and interface with utility services, age or remaining life span and whether or not the tree acts as host for a plant which is parasitic to other species of trees which are in danger of being infested or exterminated by the parasite;

B. The necessity of the requested action to construct improvements, or allow economic or other enjoyment of the property;

C. The topography of the land and the effect of the requested action on erosion, soil retention, water retention, and diversion or increased flow of surface water;

D. The number, species, size, and location of existing trees in the area and the effect of the requested action in terms of reduction, historic value and scenic beauty upon the health, safety, aesthetics, and general welfare of the city as a whole;

E. Good forestry practices such as, but not limited to, the number of healthy trees a given parcel of land will support;

F. Trees which are native to the Tehama area shall be retained unless their removal is absolutely necessary. These native trees include Black Walnut, Live Oak, and Black Oak.

(Ord. 125 § 3, 1985)

Any person removing a live tree pursuant to a permit issued by the city shall replace such tree(s) on a one for one basis with a tree of a species and in a location approved by the tree commissioner and the city council.

(Ord. 125 § 4, 1985)

If the tree commissioner deems that the trimming, pruning, or removal of any tree, hedge, or shrub within a city right-of-way is necessary for the protection of the traveling public or public property, the commissioner shall, subject to the availability of funds, personnel and equipment, cause such tree, hedge or shrub to be trimmed, pruned or removed to provide such protection. On application of any person to whom there has been issued a permit to trim, prune, or remove a tree, hedge or shrub from a city right-of-way, the commissioner of trees may trim, prune or remove such tree, hedge or shrub described in such permit; provided, the cost thereof is paid by the permittee; and provided, there shall first be deposited with the city a sum determined to be the estimated cost of such work. Following completion of the work the city clerk shall determine the actual cost of the work and return the balance to the depositor. Should be original deposit be insufficient to cover the actual cost of the work the permittee shall be liable to the city for the unpaid balance and shall promptly pay such amount to the city upon demand.

(Ord. 125 § 5, 1985)

Any person wishing to plant a tree(s), hedge(s), or bush(es) on city property must get a permit from the city council. The council will consider such factors as upkeep required, species, traffic view, compatibility with surrounding area. The council may grant or deny the permit.

(Ord. 125 § 6, 1985)

Any person violating the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the Tehama county jail of the county of Tehama, not to exceed five days, or by both such fine and imprisonment. The city shall also have the right to collect the value of any damaged plants and or trees.

(Ord. 131, 1987)