Tulare Municipal Code Ch. 8.52 Preservation of Heritage Trees

For the purposes of this chapter, certain words and terms used herein are defined as follows.

ARBORIST REPORT. A professional report prepared by a CERTIFIED ARBORIST that documents the location, species, size, and condition of tree(s) proposed for removal or PRESERVATION, includes visual examination of any damage, and provides recommendations for removal, preservation, or mitigation measures based on the arborist’s professional judgment.

CERTIFIED ARBORIST. A person having expertise in the care and maintenance of trees who is certified by the International Society of Arboriculture (ISA) or the American Society of Consulting Arborists (ASCA), and who maintains his or her accreditation.

DIRECTOR. The Community Services Director of the City of Tulare or their designee or designated representative.

DRIPLINE. The circumference of a circle drawn around the tree with the radius being a line beginning at the center of the trunk of the tree and ending at a point directly below the outermost branch tips of the tree.

HERITAGE TREE. Any Valley Oak Tree (Quercus lobata), with a trunk diameter of two inches or greater at a point four and one-half feet above the root crown (also referred to as two inches D.B.H.), or any living tree designated by resolution of the Council as a historic tree because of an association of some event or person of historical significance to the community or because of special recognition due to the size, condition, or aesthetic qualities. Council designation of any tree other than a Valley Oak Tree will require the consent of the persons owning the property as of the date of the designation, and shall be based upon standards, including, but not limited to the following:

(1) Any tree which is indigenous to the area or which has adapted exceptionally well to the climatic conditions of the Tulare area, or is one of a kind;

(2) Any stand of trees where the native species are dependent upon each other for survival;

(3) Any tree which has an exceptional age size for its species, or is a representative of a species, or is an outstanding specimen;

(4) Any tree which has distinctive structural interest or is generally different.

MAJOR PRUNING. The removal of 25% or more of a tree’s crown, existing foliage, or root system within a 12-month period, or any cutting of branches with a diameter of six inches or greater for HERITAGE TREES or two inches or greater for Valley Oak trees.

PERSON. Individuals, associations, corporations, public agencies, joint ventures, partnerships, independent contractors, and other agents and employees.

PRESERVATION. Acts to promote the life, growth, health or beauty of trees, shrubs or plants, including but not limited to, pruning, TRIMMING, topping, root pruning, spraying, mulching, watering, fertilizing, cultivating, supporting and treating for disease and injury.

TRIMMING. The cutting or removal of any portion of a tree that does not constitute MAJOR PRUNING, including branches less than six inches in diameter for HERITAGE TREES or less than two inches in diameter for Valley Oak trees, or which removes less than 25% of the tree’s crown, existing foliage, or root system, and does not kill the tree.

(1995 Code, § 8.52.010) (Ord. 2025-12, passed 8-19-2025; Ord. 14-05, passed 10-21-2014; Ord. 03-1915, passed - -2003)

No person shall destroy or remove any heritage tree growing on private or public property within the city limits without a permit, except as provided in this chapter.

(1995 Code, § 8.52.020)

Any person desiring to destroy or remove a heritage tree on private or public property must first obtain a removal permit by applying in writing to the Director. Within seven days of receipt of the application, the Director shall inspect the premises where the heritage tree is located and shall issue a written decision approving or denying the application. If approved, the decision may include conditions. The Director’s failure to render a decision within the specified period, however, shall not be deemed automatic approval to remove the heritage tree.

(A) The Director’s decision shall be based upon reasonable standards, including, but not limited to, the following:

(1) The condition of the heritage tree with respect to its general health, status as a public nuisance, danger of falling, proximity to existing or proposed structures, interference with utility services, and its status as a host for plant diseases, pests, or infections that may endanger other species of trees or plants.

(2) The necessity of the requested action to allow for construction, development, or improvement of the property, or to otherwise allow economic or other reasonable enjoyment of property.

(3) The topography of the land and the effect of the requested action on soil retention, water retention, and diversion or increased flow of surface waters.

(4) The number, species, size, and location of existing trees in the area and the effect of the requested action on shade areas, air pollution, historic values, scenic beauty, and the general welfare of the City of Tulare as a whole.

(5) Good forestry practices including, but not limited to, the number of healthy trees the subject parcel of land will support.

(B) The application for removal of a heritage tree shall include an arborist report prepared by a certified arborist. The report must include:

(1) Detailed photographic documentation of the tree(s) proposed for removal;

(2) Precise location, species, diameter measurement at four and one-half feet above ground, and condition assessment of each tree;

(3) Tree risk assessment in accordance with International Society of Arboriculture Best Management Practices, including identification of any high or extreme risk ratings;

(4) Tree health rating classification (excellent, good, fair, poor, dying, or dead) as defined in the Guide for Plant Appraisal, 10th Edition;

(5) Documentation of any disease, pest infestation, structural defects, or site condition problems affecting the tree;

(6) Analysis of potential preservation alternatives, including pruning, cabling, or other arboricultural treatments;

(7) A clear professional recommendation regarding whether the tree(s) should be removed or preserved; and

(8) Proposed mitigation measures if removal is recommended.

(C) In deciding on an application for a permit, the Director may attach reasonable conditions to ensure compliance with the stated purposes of this chapter, including, but not limited to, a condition requiring up to two replacement trees from 15-gallon containers or larger, in a suitable location as substitutes for the removed tree or trees, at the sole expense of the applicant. Any decision shall include a statement of the reasons for the decision.

(1995 Code, § 8.52.030) (Ord. 2025-12, passed 8-19-2025)

The decision of the Director may be appealed by any person aggrieved or affected by the decision. The appeal shall be in writing, signed by the applicant with a statement of reasons supporting the appeal. The appeal shall be filed with the city’s Parks and Recreation Commission not later than the tenth day following the decision being appealed. The city’s Parks and Recreation Commission shall hear the appeal and render an opinion within 45 days. Any person excepting to any decision rendered by the city’s Parks and Recreation Commission may appeal to the Council in writing, within 30 days of the date of mailing of the decision to the appellant. If no appeal is filed within such time, the Director shall promptly implement his or her intended decision by denying or issuing the permit, with or without conditions. An appeal shall automatically stay execution of the implementation of the intended decision until the appeal has been considered and decided by the City Council. The City Clerk shall place all such appeals on the agenda of the next regular Council meeting and shall give notice to the applicant and/or appellant. The City Council shall consider and decide all issues raised in the appeal, and the decision of the Council shall be final.

(1995 Code, § 8.52.040) (Ord. 14-05, passed 10-21-2014)

(A) In the case of emergency caused by the dangerous condition of a heritage tree requiring immediate action for the protection of life or property, a tree may be cut down in whole or in part on the order of the Director or any on-duty member of the Tulare Police Department.

(B) Public utilities subject to the jurisdiction of the Public Utilities Commission of the State of California may also take such action as may be necessary to maintain a safe operation or their facilities. Any action so taken must comply with §§ 8.52.060 and 8.52.070 of this chapter.

(1995 Code, § 8.52.050)

Except in cases of emergencies as described in § 8.52.050, no person shall perform major pruning of any heritage tree, including Valley Oak trees, within the City of Tulare without first obtaining a major pruning permit from the Director as provided herein.

(A) The application for a major pruning permit shall be in a form as provided by the Director and shall include the following information:

(1) The name, address, and telephone number of the property owner;

(2) The name, address, and telephone number of the person(s) intending to prune the tree;

(3) The date(s) of the proposed pruning;

(4) A description of the tree(s) to be pruned, including the approximate size and location of the tree with sufficient specificity to enable the Director to precisely locate and identify the subject tree(s);

(5) An arborist report prepared by a certified arborist that includes:

(a) Detailed photographic documentation of the tree(s) proposed for pruning;

(b) Tree condition assessment;

(c) Detailed pruning specifications in accordance with the standards referenced in § 8.52.070(A);

(d) Justification for the proposed pruning work; and

(e) Any recommended mitigation measures to maintain the health of the tree.

(6) If the work is to be performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers’ compensation; and

(7) Proof of the possession of a valid City of Tulare business license for tree service work.

(B) The Director, when reviewing major pruning permit applications, shall consider:

(1) Current tree condition and potential impacts to future tree health;

(2) Danger to people or property;

(3) Interference with existing structures or utilities; and

(4) Conformity with industry-standard arboricultural practices.

(C) A copy of the approved major pruning permit must be in the possession of the person pruning the heritage tree or oak tree at all times during the course of the work being performed.

(D) For pruning that does not meet the threshold of major pruning, classified as trimming:

(1) No notice of intent to prune is required when a property owner performs trimming on their own private property, provided the work is actually and solely performed by the property owner and follows proper arboricultural practices as referenced in § 8.52.070(A).

(2) For all other trimming work, a notice of intent to prune shall be submitted to the Director prior to the start of work, containing the information required in divisions (A)(1) through (4), plus:

(a) If performed by a commercial company on private property, proof of a valid City of Tulare business license for tree service work.

(b) If performed in any public right-of-way, proof of insurance coverage for general liability, property damage, and workers’ compensation, and proof of a valid City of Tulare business license for tree service work.

(E) All trimming shall be performed in accordance with proper arboricultural practices as referenced in § 8.52.070(A).

(1995 Code, § 8.52.060) (Ord. 2025-12, passed 8-19-2025)

(A) All pruning of heritage trees shall be performed in accordance with the most recent edition of the American National Standards Institute (ANSI) A300 Pruning Standards and the International Society of Arboriculture (ISA) Best Management Practices for Tree Pruning.

(B) Major pruning of heritage trees shall be conducted in accordance with an approved major pruning permit as set forth in § 8.52.060. Major pruning permit applications shall include an arborist report prepared by a certified arborist in accordance with the standards referenced in § 8.52.060(A).

(C) The Director, when reviewing major pruning permit applications, shall consider:

(1) Current tree condition and potential impacts to future tree health;

(2) Danger to people or property;

(3) Interference with existing structures or utilities; and

(4) Conformity with industry-standard arboricultural practices.

(1995 Code, § 8.52.070) (Ord. 2025-12, passed 8-19-2025)

Reference is hereby made to three copies of the standards filed in the office of the Recreation, Parks and Library Director of the city which are now so filed for full particulars of the Pruning Standards.

(1995 Code, § 8.52.080) (Ord. 03-1915, passed - -2003)

If the Director determines that a property owner, who has submitted a notice of intent to prune, pursuant to § 8.52.060 herein, cannot properly prune his or her heritage tree without the assistance of a professional tree trimmer, and that the property owner cannot afford to hire a professional tree trimmer because he or she does not have the financial resources to pay for such services, the city may provide financial assistance to the property owner for the purpose of pruning the tree or trees, if the following conditions are met:

(A) The property owner either:

(1) Uses the property where the tree(s) is located as his or her principal place of residence; or

(2) Is a non-profit group, agency or organization and uses the property where the tree(s) is located in the conduct of its business or operations as such an organization;

(B) In the case of a property owner described in division (A)(1) above, the aggregate gross income of all persons 18 years of age or older residing on the property does not exceed the minimum amount as may be set from time to time, by resolution of the City Council, pursuant to this division.

(C) The Director determines that it is necessary to prune the tree to remove hazardous conditions, remove disease, rot, pests, other harmful conditions or promote healthy growth of the tree(s). The financial assistance shall include, but not be limited to the following: low interest loans; work performed by the city, or ordered by the city, with the cost borne in part or in whole by the property owner; work performed by the city, or ordered by the city, with the cost borne by the city to be repaid by the property owner upon such terms as the city and property owner shall agree; or any combination thereof.

(1995 Code, § 8.52.090)

(A) When proposed developments encroach into the dripline area of any heritage tree, special construction to allow the roots to breathe and obtain water, as determined by the Director, shall be required with respect to any application for building or zoning permit.

(B) The existing ground surface within six feet (measured horizontally) of the trunk of any heritage tree shall not be cut, filled, compacted or paved. Tree wells may be used when advisable. Excavation adjacent to any heritage tree shall not be permitted where material damage to the root system will result.

(C) The City Council shall, by resolution, adopt guidelines for commercial, industrial and residential development and construction on property within the city where any heritage tree is located. The guidelines adopted pursuant to this division shall be made a part of this subdivision and shall be enforced as hereinafter set forth.

(1995 Code, § 8.52.100)

When any building permit or zoning permit is applied for pursuant to the city code and a proposed structure would require the destruction, removal or pruning of a heritage tree, the official issuing the permit shall take into consideration the provisions of this chapter and the granting or denying of the permit; and, the applicant shall be required to either obtain the requisite permit or file the requisite notice in accordance with the provisions of this chapter. In event a permit to destroy or remove a heritage tree is issued in order to enable the applicant to carry out some project of development or improvement of his or her property, the permit shall be valid and effective only in connection with the actual accomplishment of the project.

(1995 Code, § 8.52.110)

It shall be unlawful for any person to wilfully destroy, mutilate, poison or attempt to kill a heritage tree in the city. Exceptions to this section are to be found in § 8.52.050 which provides for emergency destruction, removal or pruning of a heritage tree.

(1995 Code, § 8.52.120)

Except as otherwise provided herein, the provisions of this chapter shall be administered and enforced by the Director. In the enforcement of this chapter, the Director and his or her designated representative may enter upon private or public property to examine any heritage tree after first having obtained permission from property owner or occupant except the Director and his or her designated representative in the exercise of the city’s enforcement responsibility, may enter upon private or public property to inspect and examine the property in the case of a violation observable from a point located off the public or private property, and may enter upon private or public property in the event there exists, in the opinion of the Director or his or her designated representative, a situation considered an emergency where the integrity of the heritage tree is threatened, or a situation exists which may lead to injury to person or property due to the condition of the heritage tree and/or the property upon which the heritage tree is located. In either case, the Director or his or her designated representative need not obtain permission from the property owner or occupant. The Director and his or her designated representative may issue citations for any violation of this chapter. Conditions giving rise for entry upon private or public property by the Director or his or her designated representative to examine any heritage tree, with the permission of the property owner or occupant, include, but are not limited to, the following:

(A) When the Director or his or her designated representative has reasonable cause to believe a violation of this chapter exists on the property;

(B) Where the property owner or occupant has made application to remove a heritage tree pursuant to §§ 8.52.020 and 8.52.030 of this chapter;

(C) To monitor any activities fallen pursuant to § 8.52.060 of this chapter; and

(D) In cases of routine inspections, inventory of heritage trees, and the gathering of survey data which may be initiated by the city.

(1995 Code, § 8.52.130)

(A) If any section, division, paragraph, sentence, clause, or phrase of this chapter is held to be unconstitutional or invalid or ineffective by any court or tribunal of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter, or any part thereof.

(B) If the application of any provision of this chapter to any person, property, or circumstance is found to be unconstitutional or invalid or ineffective in whole or in part by any court or tribunal of competent jurisdiction, the effect of the decision shall be limited to the person, property or circumstance immediately involved in the controversy, and the application of any such provision to other persons, properties or circumstances shall not be affected.

(1995 Code, § 8.52.140)

(A) It shall he unlawful and a misdemeanor for any person to remove a heritage tree without a permit or to fail to have a removal permit in one’s immediate possession during the course of removing a heritage tree, or for any person to violate any of the construction guidelines as provided by resolution as described in § 8.52.100(C). Notwithstanding the classification of a violation of this chapter as a misdemeanor, at the time an action is commenced to enforce the provisions of this chapter, the trial court, upon recommendation of the prosecuting attorney, may reduce the charged offense from a misdemeanor to an infraction pursuant to Cal. Penal Code § 19c.

(B) Any violation of any provision of §§ 8.52.060 and 8.52.070 shall be deemed an infraction and be punishable upon conviction as hereinafter set forth.

(C) Any person convicted of a misdemeanor under this chapter shall be punished by a fine not to exceed $1,000 and/or six months in the County Jail. Each day that a violation continues shall be regarded as a separate offense. Any person convicted of an infraction of this chapter shall be punished by a fine not to exceed $500. Each day the violation continues shall be regarded as a new and separate offense.

(1995 Code, § 8.52.150)

It is hereby declared a public nuisance for any person owning, leasing, occupying or having charge of any premises in the city which has one or more heritage trees located thereon to intentionally, negligently, accidentally or otherwise maintain the premises in such a manner so as to cause harm to and of the heritage trees, by reason of any of the following conditions:

(A) Water saturation or deprivation;

(B) Nailing, screwing, stapling, bolting or otherwise attaching board, fences, signs, placards, posters or any other material which might cause injury to the heritage tree;

(C) Neglect in the pruning or trimming of overgrown, diseased, decaying, dead or rotting limbs, branches and foliage. Whenever any premises or heritage tree(s) exist, or are permitted to exist, within the city contrary to these provisions the City Council, by resolution, may declare the same to be a public nuisance; the resolution shall declare the intention of the City Council to commence abatement proceedings, as herein provided, and shall refer to the street and number under which it is officially or commonly known and describe the property upon which the nuisance exists by giving the legal description of the land.

(1995 Code, § 8.52.160)

All premises or heritage trees declared to be the public nuisances and ordered to be abated may be abated by watering, conditioning the soil, construction berms, pruning or trimming, or removing offending materials affixed to the heritage tree which might cause injury to the tree, pursuant to the procedures set forth in this code.

(1995 Code, § 8.52.170)

(A) Within 30 days after the passage of the resolution provided for in § 8.52.170, the City Clerk shall cause to be conspicuously posted on the premises, where the heritage tree(s) is located, a certified copy of the resolution of the City Council declaring the same to be a public nuisance; the resolution shall declare the intention of the City Council to commence abatement proceedings, as herein provided, it shall refer to the street and number under which it is officially or commonly known to describe the premises upon which the nuisances exist by giving the legal description of the land, and shall be substantially in the following form:

(B) The City Clerk shall cause to be served upon the owner of each of the heritage tree(s) declared to be a public nuisance and sought to be rehabilitated by watering, pruning or trimming one copy of the notice and a certified copy of the resolution of the City Council, in accordance with these provisions. The notices and resolutions must be posted and served as aforesaid, at least 30 days before the time fixed for the hearing before the City Council and proof of posting and service of the notices and resolutions shall be made by affidavit which shall be filed with the City Council.

(1995 Code, § 8.52.180)

Proper service of the notice and resolution shall be by personal service upon the person owning the property as such person’s name and address appears on the last equalized assessment roll, if he or she is found within the city limits, or if he or she is not to be found within the city limits, by depositing a copy of the notice and resolution in the U.S. Post Office properly enclosed in a sealed envelope and with the posting thereon fully prepaid. The mail shall be registered or certified and addressed to the owner at the last known address of the owner. The service is complete at the time of deposit.

(1995 Code, § 8.52.190)

At the time stated in the notices, the City Council shall hear and consider all objections or protests, shall receive testimony and other evidence from owners, witnesses and parties interested relative to the alleged public nuisance and as to rehabilitation of the premises by the watering, pruning or trimming, or by other abatement thereof, and may continue the hearing from time to time. Upon the conclusion of the hearing, the City Council shall allow or overrule any or all of the protests. If the City Council finds that good and sufficient cause does exist why the premises should be rehabilitated heritage tree(s) should be watered, pruned, trimmed or treated, the City Council shall prepare and file a report of such findings with the City Clerk. Following the public hearing, the City Council may by resolution order the Director to abate the nuisance, after a period of 30 days, by having the heritage tree(s) watered, pruned, trimmed, treated or the nuisance otherwise spared, and he or she and his or her authorized representatives are hereby expressly authorized to enter upon private property for that purpose.

(1995 Code, § 8.52.200)

A copy of the resolution ordering the Director to abate the nuisance shall be served upon the owner of the property in accordance with the provisions of this chapter and shall contain a detailed list of needed corrections. Any property owner shall have the right to have any such heritage tree(s) watered, pruned, trimmed, treated or the nuisance otherwise abated at his or her own expense, provided the same is completed prior to the expiration of the time set forth in the resolution.

(1995 Code, § 8.52.210)

The Director shall keep an account of the cost (including incidental expenses) of abating the nuisance on each separate lot, or parcel of land where the work has been done and shall render an itemized report in writing to the City Council showing the cost of watering, pruning, trimming or treating the heritage tree(s), and incidental expenses, on each separate lot or parcel of land; provided, that before the report is submitted to the City Council, a copy of the same shall be posted for at least five days upon the premises or property upon which the heritage tree(s) are situated, or the nuisance committed, together with a notice of the time when the report shall be submitted to the City Council for confirmation. A copy of the report and notice shall be served upon the owner of the property, in accordance with the provisions of this chapter, at least five days prior to submitting the same to the Council. Proof of the posting and service shall be made by affidavit and filed with the City Clerk. The term INCIDENTAL EXPENSES shall include, but not be limited to the expenses and costs of the city in the preparation of notices, specifications and contacts, and in inspecting the work, and the costs of printing and mailing required hereunder.

(1995 Code, § 8.52.220)

At the date and time fixed for receiving and considering the report the City Council shall hear and pass upon the report of the Director, together with any objections or protests which may be raised by any of the owners of property liable to be assessed for the work of sharing the nuisance, or by any other interested persons. Thereupon, the City Council may make the revision, correction or modification in the report as it may deem just, after which by resolution the report, as submitted, or as revised, corrected or modified, shall be confirmed; provided, that the hearing or consideration may be continued from time to time. The decision of the City Council on all protests and objections which may be made, shall be final and conclusive.

(1995 Code, § 8.52.230)

The amount of the costs of abating the nuisance upon any lot or parcel of land, as confirmed by the City Council, shall constitute a special assessment against the respective lot or parcel of land, and as thus keep a lien on the property for the amount of the assessment. After the confirmation of the report, a copy shall be turned over, to the Assessor and the Tax Collector of the county, acting on behalf of the city, whereupon it shall be the duty of the Assessor and Tax Collector to add the amounts of the respective assessments to the next regular bills of taxes levied against the respective lots and parcels for land for municipal purposes, and thereafter the amounts shall be collected at the same time and in the same manner as other municipal taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for other municipal taxes.

(1995 Code, § 8.52.240)

Any and all nuisances declared and abated hereunder shall be processed pursuant to the authority set forth in Cal. Gov’t Code §§ 38771 et seq., in the manner described in this chapter.

(1995 Code, § 8.52.250)

Any person violating any abatement order provided in this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500 or by imprisonment in the City Jail or County Jail for a period of not more than six months, or by both the fine and imprisonment.

(1995 Code, § 8.52.260)