Union City Municipal Code Ch. 12.16 Trees, Shrubs and Plants

It is for the best interest of the City of Union City and of the citizens and public thereof that a Comprehensive Plan for the design, installation and maintenance of ornamental trees, shrubs and other landscape amenities on and in, upon or which may overhang public streets, rights-of-way and utility easements within the City of Union City should be developed and established. This chapter is adopted for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the design, installation, and maintenance, permit requirements, mutilation and injury, and the abatement of nuisances, of such ornamental trees, shrubs and other landscape amenities.

(Ord. 318-89, 1989)

For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given in this section. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and the words in the singular include the plural. The word "shall" is mandatory and not merely discretionary.

"Board"

means the duly appointed and authorized body for which certain Tree and Landscape advisory responsibilities are entrusted.

"City"

means the City of Union City, County of Alameda, State of California

"Determination of definition,"

in any case, means the Public Works Director shall have the right to determine whether any specific determination shall be final and not subject to appeal.

"Director"

means the Public Works Director for the City of Union City and his or her designated representatives.

"Municipality"

means the City of Union City, County of Alameda, State of California.

"Parks"

means and includes all parks to which names have been given by action of the City Council.

"Person"

means and includes an individual, a firm, an association, a corporation, a copartnership, and the lessees, trustees, receivers, agents, servants and employees of any such person.

"Plant"

means and includes all other plant material, nonwoody, annual or perennial in nature, not necessarily hardy.

"Property owner"

means the person owning such property as shown by the County Auditor's Plat of Alameda County, State of California.

"Pruning"

means the cutting or removal of the tree's foliage or wood in order to remove dead, diseased, damaged, weak or vigorous growth so as enhance the tree's shape, structure, health and vigor or for the purpose of inducing specific growth or fruiting habits.

"Public places"

means and includes all grounds, other streets and parks, owned, leased or controlled by the City of Union City.

"Public street"

means the full width of the right-of-way of any road, street, lane or alley used by or for the general public, whether or not those roads, streets, lanes and alleys have been accepted as and declared to be part of the City System of public streets, except streets forming a part of the State Highway System.

"Public trees"

means and includes all shade and ornamental trees now or hereafter growing on any street or any public areas where otherwise indicated.

"Shrub"

means a bushy, woody plant, usually with several permanent sterns, and usually not over fifteen feet high at maturity.

"Street tree"

means and includes any woody perennial plant having a single main axis or stem commonly achieving ten feet in height and capable of shaping and pruning to develop a branch-free trunk at least nine feet in height.

"Tree"

means a woody perennial plant, unusually with one main stem or trunk, and many branches. It may appear to have several stems or trunks and is usually over ten feet high at maturity.

"Tree removal"

means the removal of a tree, including pruning.

"Trimming"

means the cutting or removal of the tree's foliage or wood for the exclusive purposes of affecting the tree's shape.

(Ord. 318-89, 1989)

There is created and established a Tree and Landscape Review Board for the City of Union City California, which shall consist of five members, citizens and residents of this City, who shall be selected at large by the Park and Recreation Commission.

(Ord. 318-89, 1989)

The term of the five persons to be appointed by the City Council shall be two years except that the term of three of the members appointed to the first Board shall be for only one year and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.

(Ord. 318-89, 1989)

Members of the Tree and Landscape Review Board shall serve without compensation.

(Ord. 318-89, 1989)

It shall be the responsibility of the Board to study, investigate, develop, update, advise, recommend, and report to the Park and Recreation Commission regarding the design, care, planting, conservation, replanting, and removal of trees and other landscape amenities along streets, in other public areas or rights-of-ways or on designated private lands.

(Ord. 318-89, 1989)

The Public Works Director or his or her duly authorized representative, shall be charged with the administration of this chapter and related regulations and policy. Appeals of the Director's decisions may be heard by the Park and Recreation Commission after written notice of complaint is filed seven days in advance of a regularly scheduled meeting.

(Ord. 318-89, 1989)

It is unlawful for any person to plant any tree in or upon any street, park or public place, without first having obtained permission therefor from the Public Works Director, in accordance with the City Tree Planting Policy, as adopted by resolution of the City Council.

(Ord. 318-89, 1989)

It is unlawful for any person to cut, trim, remove, mutilate, injure, or in any way impair the growth of any tree being or growing in or on any street, park or public place in the City of Union City, or to cause or permit the same to be done. Provided, however, that in the event that any person desires permission to cut, trim, remove or in any way impair the natural growth of any such tree, application shall first be made to the Public Works Director of the City of Union City for a permit. Upon receipt of such application, the Director may cause an inspection to be made and may thereafter issue or refuse to issue a permit for such work.

(Ord. 318-89, 1989)

It is unlawful for any person to place or allow to be placed in or upon any tree area in or upon any street, park or public place, any salt, oil, herbicide or any other material deleterious to the growth of trees, or in such close proximity to such trees that the deleterious material will permeate the soil thereof.

(Ord. 318-89, 1989)

It is unlawful for any person to pave any part of the parking strip or public right-of-way in any manner or with any material whatsoever without first securing a permit from the Director.

(Ord. 318-89, 1989)

A. No person, other than the Public Works Director or his or her duly authorized representative shall cut, trim, prune, plant, remove, injure or interfere with any tree upon any street, park or public place of the City without a permit therefor from the Director, and the Director is authorized to grant such permission in his or her discretion but no such permit shall be valid for a longer period than thirty days after its date of issuance.

B. Any person maintaining any overhead wires or any pipes or underground conduits along or across a street, park or public place in the City or owning property abutting upon any street, park or public place of the City, desiring to have any tree removed may file with the Director a written request that such work be done and such request shall describe the work desired to be done and it shall be within the discretion of the Director to require a written agreement upon the part of the petitioner to pay the cost thereof and to do such work in the way stipulated by the Director before the issuance of any permit hereunder.

C. When issued, the permit shall specifically describe the work to be done, and if appropriate, the manner in which the work is to be done. The permit shall also specify the time limit within which the work is to be done.

D. 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, shall be given a permit from the Public Works Director valid for one year from the date of issuance, permitting such person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets in the City or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said commission and as may be necessary to maintain the safe operation of its business.

E. Scheduled fees, if any, for said permit shall be fixed by resolution of the City Council.

F. All work shall be done in accordance with permit, and any person receiving a permit pursuant to this section shall perform the work specified therein in exact accordance with the conditions of the permit. Trimming of trees will be permitted only when and in the manner authorized by permit issued pursuant to this section. The conditions set forth in said permit shall insure that the shapeliness of the tree shall be preserved.

G. Permits to remove trees will be issued only when necessity for such removal exists. When a tree is removed under authority of this section, the entire stump shall be taken out for a depth of at least two feet below the general grade unless otherwise specified in the permit, the hole shall be backfilled and compacted with clean fill soil. All debris from trimming and removal shall be removed from the site and the right-of-way restored to its former condition. The City shall not be responsible for any of the cost of removal when application is filed pursuant to this section.

H. A building permit for the construction of any structure or improvement for which a permit is required shall not be issued unless an agreement has been made with the applicant. As part of such construction, street trees shall be planted across the property upon which the structure is proposed in accordance with that adopted policy for that particular street.

(Ord. 318-89, 1989)

The following are declared to be dangerous to the public health and safety and a public nuisance:

A. Any dead, diseased, infested, or dying tree on any private property so near to any street as to constitute a danger to street trees, public utility services, streets or portions thereof, or to persons or property, except that of the owner of the trees;

B. Any tree or shrub on any private property of a species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, street trees, gutter, sewers or other improvements, including utility mains and services;

C. Vines or climbing plants growing into or over any street tree, shrub, public hydrant, pole or electrolier;

D. Any tree on private property that is infested, or infected with objectionable insects, scales, fungus, or growth injurious to trees, plants or shrubs;

E. Branches or foliage which interfere with visibility on, or free use of, or access to, any portion of any street maintained or used for vehicular or pedestrian travel;

F. Hedges or dense thorny shrubs extending beyond a property line into a street;

G. Branches of trees or shrubs which extend within eight feet from the ground over any portion of the sidewalk or within twelve feet from the ground over any portion of a residential street abutting the property on which the tree or shrub is growing, or within fourteen feet on streets designated truck routes, except that portion within three feet from the curbline of any of the foregoing;

H. Fences, hedges or growth installed on the public right-of-way shall be in accordance with provision of Section 18.32.040 for residential sites, Section 18.40.150(E) for industrial sites and Section 18.36.040 for commercial sites.

(Ord. 318-89, 1989)

A. Whenever, in the opinion of the Public Works Director, any public nuisance as defined in Section 12.16.130 exists, he or she shall give the owner of the private property on which the nuisance is located written notice thereof, describing the condition, stating the work necessary to be done to remove the condition and a reasonable time within which work must be performed.

B. If, at the end of such time, the work has not been performed to the satisfaction of the Director, he or she shall cause a report thereof to be made to the City Council.

C. The City Council may adopt a resolution which shall preliminarily declare the condition to be public nuisance, order the Public Works Director to give notice of the passage of the resolution, and state therein that, unless the nuisance is abated without delay, the Director will cause the work of abating to be done and the expense thereof assessed upon the lots and lands upon which such public nuisance shall have been declared to exist. The resolution and notice shall fix the time and place for hearing any objections to the proposed abatement of the existing public nuisance. The hearing shall be set for the fourth meeting of the City Council following the month in which the resolution shall have been adopted. The Public Works Director shall cause a report to be made to the Park and Recreation Commission who shall make a recommendation to the City Council for abatement of the public nuisance.

D. At the conclusion of the hearing the City Council may determine that no public nuisance exists, or in the event it shall have determined that there is one, the City Council may, by resolution, order the Public Works Director to abate such nuisance, and his or her deputies, assistants, contracting agents or other representatives are authorized to enter upon private property for that purpose. Any owner shall have the right to cause the public nuisance to be abated at his or her own expense. However, the owner shall first obtain any and all permits or instructions required herein, to comply with the provision of the resolution.

E. The cost of abating the nuisance upon any lot or parcel of land referred to in a resolution by the City Council shall constitute a special assessment against the lot or parcel of land and. after thus made and confirmed, shall constitute a lien on such property for the amount of the assessment, until paid.

F. All laws and ordinances applicable to the levy, collection and enforcement of City taxes are applicable to the special assessment.

(Ord. 318-89, 1989)

A. Purpose. This policy sets forth the guiding principles for development and implementation of Integrated Pest Management (IPM) practices on all City properties to reduce adverse impacts to local arroyos and the San Francisco Bay due to pesticide usage.

B. Organizations Affected.

1. Public Works;

2. Building Maintenance;

3. Purchasing;

4. Leisure Services.

C. Policy. The City of Union City sets forth this policy to:

1. Develop and implement an Integrated Pest Management policy and procedure in compliance per Section C.10.c.i of the National Pollutant Discharge Elimination System (NPDES) permit;

2. Implement a policy requiring the alternative methods to minimize pesticide use and Integrated Pest Management techniques in the co-permittee's operations, as required by co-permittees of the Alameda Countywide Clean Water Program;

3. Support the provisions of this section by describing procedures by which the City may implement its policy regarding urban runoff.

D. Objectives and Goals.

1. Design and construct indoor and outdoor areas to reduce and eliminate pest habitats.

2. Use physical controls such as hand weeding, traps, and barriers.

3. Modify management practices including watering, waste management, and food storage.

4. Modify pest ecosystem to reduce food and living space.

5. Utilize bio-swales as pre-treatment of stormwater.

6. Pre-treatment of stormwater through vegetation management.

7. Reduce or minimize pesticide use on City properties.

8. Create awareness among City staff of less-toxic pest management techniques.

9. Plant five hundred trees per year to help control storm water and increase canopy.

10. Annual backflow prevention testing and repair to prevent cross-contamination.

11. The use of chemicals shall be considered as a last resort and selected and used by a licensed pest control operator in accordance with pesticide selection criteria.

12. Advertisement to newspaper articles explaining Bay Friendly practices to the general public. Educate school-aged students about local creeks, watershed and native plantings along riparian zones and erosion control.

E. Definitions.

Biological control

– The method of pest control through biological means. An example of this type of control include, but are not limited to, beneficial insect release for control of certain types of weeds or invasive insects in landscapes.

Cultural control

– The use of IPM control methods to manipulate or modify the growing environment. Examples of this type of control include, but are not limited to, mulching, proper irrigation, seeding, and good housekeeping.

DPR

– Department of Pesticide Regulations for the State of California's Environmental Protection Agency. DPR, in partnership with the Federal Environmental Protection Agency (EPA) and the County Department of Agriculture, oversees all issues regarding the registration, licensing and enforcement of laws and regulations pertaining to pesticides.

Integrated pest management (IPM)

– IPM is an approach that focuses on appropriate pest management options by the most economical means, and with the least possible hazard to people, property, and the environment. These include cultural, mechanical, biological and chemical technologies that are implemented for a given site and pest situation in ways that minimize economic, health and environmental risks.

Mechanical controls

– The use of IPM control methods utilizing hand labor or equipment to prevent infestation without the use of cultural or biological controls. Examples of this type of control include, but are not limited to, hand weeding, mowing, and closing insect and rodent entryways.

PCA

– Pest control advisor is one licensed by the California Department of Pesticide Regulations according to Title 3, Article 5 of the California Code of Regulations. A licensed PCA, who is registered with the County Agricultural Commissioner, provides written pest control recommendations for agricultural pest management, including parks, cemeteries, and rights-of-way.

Pesticides

– Defined in Section 12753 of the California Food and Agricultural Code as any spray adjuvant, or any substance, or mixture of substances intended to be used for defoliating plants, regulating plant growth, or for preventing, destroying, repelling, or mitigating any pest. The term pesticide applies to herbicides, insecticides, fungicides, rodenticides and other substances used to control pests.

QAL

– Qualified applicator license is a licensed applicator according to Title 3, Article 3 of the California Code of Regulations. This license allows supervision of applications that may include residential, industrial, institutional, landscape, or rights-of-way sites.

QAC

– Qualified applicator certificate is a certified applicator of pesticides according to Title 3, Article 3 of the California Code of Regulations. This certificate allows supervision of applications that may include residential, industrial, landscape, or rights-of-way sites.

Structural pest control operator (SPCO-Branch I, II or III)

– A licensed applicator for controlling pests that invade buildings and homes according to the requirements of the Structural Pest Control Board of the California Department of Consumer Affairs.

F. Responsibility.

1. City of Union City's Public Works Director, or designees, shall coordinate the implementation of this IPM policy.

2. Training.

a. Annual training will be provided by responsible City Staff to all employees who apply pesticides as a normal part of their job duties on pesticide safety, IPM Policy, appropriate Best Management Practices, and Integrated Pest Management Technologies supported by the Alameda Countywide Clean Water Program.

b. Pest control advisors, qualified applicators, and licensed contractors serving City-owned properties will be licensed by the State of California Department of Pesticide Regulations (DPR) as a pest control advisor or licensed or certified qualified applicator.

c. Bay Friendly training will be required for Public Works grounds employees and participating volunteers to help nurture the soil, maintain water and air quality, conserve energy, conserve water, reduce landfill contribution, and preserve wildlife habitat.

3. Public Education and Outreach.

a. City of Union City's Public Works Grounds Division, in participation with the Alameda Countywide Clean Water Program, will continue with its existing program to encourage people who live, work, and/or attend school in Union City to:

i. Obtain information on IPM techniques to control pests and minimize pesticide use;

ii. Use IPM technologies for dealing with pest problems;

iii. Perform pesticide applications according to the manufacturer's instructions as detailed on the product label, and in accordance with all applicable State and local laws and policies set forth to protect the environment, the public, and the applicator; and properly dispose of unused pesticides and their containers.

b. City of Union City property leaseholders will be informed of the City's IPM administrative policy and encouraged to use the most current IPM technologies and best management practices.

4. Program Evaluation. The Grounds Division shall periodically evaluate the success of this administrative policy implementation by providing a report to the Public Works Engineering Department and/or other divisions affected by the policy. Evaluation will address program effectiveness, compliance, and recommendations to ensure this policy's objectives will be met.

5. Reporting Requirements. City employed pest applicator staff and appropriately licensed pest management contractors employed by the City to provide City services that involve pesticide application on City-owned properties shall complete and submit by July 15th to the Public Works Grounds Supervisor:

a. Annual Storage/Inventory Report – Due July 15th of each fiscal year. City staff will report on inventory stored on city-owned properties. Completed form should list:

i. Product name,

ii. Pesticide type (i.e., Fumatoxin, Gastoxin, Glysophate, etc.),

iii. Quantity on hand (as of June 30th),

iv. Pesticides no longer legal or appropriate for applications per Federal, State, County, or City requirements;

b. Annual Pesticide Use Summary Report – Due July 15th of each fiscal year. The following will be required by City staff and contractors. Completed reports for each service site should list:

i. Manufacturer and product name,

ii. Pesticide type (i.e., Fumatoxin, Gastoxin, Glysophate, etc.),

iii. The total quantity of each pesticide used during the prior fiscal year (from July 1st to June 30th) in order to provide an accounting of pesticide use at City-owned properties.

G. Procedure.

1. Pesticide Prevention.

a. Reduce or minimize pesticide use on City properties to ensure the City maintains compliance with National Pollutant Discharge Elimination System (NPDES) permit requirements.

b. The City of Union City shall instruct all employees to implement Good Housekeeping Practices in their workstations, vehicles, break rooms, etc., to prevent the conditions that provide a food source and habitat which attract unwanted pests.

c. The City of Union City shall utilize practices that reduce pesticides and result in the purchase of fewer products whenever practicable and cost-effective, but without reducing safety or workplace quality.

2. Pest Control and Management.

a. The City of Union City's pest applicator staff, and contractors or individuals (QAL, QAC, SPCO) providing pest control services on City property (applicators) shall utilize accepted best management practices (BMPs) to the maximum extent practicable for the control or management of pests in and around City buildings and facilities, rights-of-way, and other City properties.

b. All pesticide applicators will use the most current accepted controls in IPM technology to ensure the long-term prevention or suppression of pest problems and minimize impacts to environment and health risk.

c. Applicators will consider the options or alternatives listed below in the following order, before recommending the use of or applying any pesticide on City property:

i. No controls (e.g., tolerating the pest infestation, use of resistant plant varieties or allowing normal life cycle of weeds);

ii. Use physical controls such as hand weeding, traps, sheet mulching and barriers;

iii. Cultural controls (e.g., mulching, alternative vegetation), good housekeeping (e.g., cleaning desk area);

iv. Mechanical controls (e.g., disking, line trimming and flail mowing);

v. Biological controls (e.g., natural enemies or predators);

vi. Reduced-risk chemical controls (e.g., soaps or oils);

vii. Other chemical controls.

3. Pesticide Application.

a. Only City of Union City employees or appropriate licensed contractors employed by the City authorized, trained, and holds certification in pesticide application may apply pesticides to or within City property.

b. City of Union City employees are not to apply privately purchased pesticides.

c. Applicators will select and apply effective IPM methods that will have the least impact on water quality, human health and the environment.

d. Employees shall be notified prior to pesticide application, particularly when pesticide application occurs within a building.

e. New contracts that are entered into with pest management contractors and other appropriately licensed contractors employed to provide services that involve pesticide application at City properties will include requirements that the contractors follow the requirements of the City's IPM policy and implement the most current IPM technologies and best management practices.

4. Restricted Chemicals.

a. City of Union City employees and/or contractors employed by the City who are trained to recommend or apply pesticides will not use or promote the use of: Acute Toxicity Category I chemicals as identified by the Environmental Protection Agency (EPA), Organophosphate pesticides (e.g., those containing Diazinon and chlorpyrifos) or copper-based pesticides unless:

i. Their use is judicious;

ii. Other approaches, alternatives, and techniques have been carefully considered; and

iii. Adverse water quality impacts are minimized to the maximum extent practicable.

b. Pesticides that are not registered under Federal and California law for aquatic use will not be used if pesticide directly contacts water or area of use is adjacent to water bodies where pesticide can be possibly transported into surface water.

c. Discharges of pollutants from the use of aquatic pesticides to the waters of the United States require coverage under a NPDES permit. Those City employees or appropriately licensed contractors employed by the City who apply pesticides directly to waters of the United States will obtain a NPDES permit from the California State Water Quality Resources Control Board Region 2, prior to making any pesticide applications.

5. Best Management Practices (BMPs). This section includes BMPs and control measures to protect water quality during the use of pesticides, when it is determined through an IPM process that pesticides must be used.

a. Follow all Federal, State, and local laws and regulations governing the use, storage, and disposal of pesticides and training of pest control advisors and applicators.

b. Use the least toxic pesticides that will do the job, provided there is a choice. The agency will take into consideration the LD50, overall risk to the applicator, and impact to the environment (chronic and acute effects).

c. Apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging pesticides in stormwater runoff. Avoid application of pesticides if rain is expected (this does not apply to the use of pre-emergent herbicide applications when required by the label for optimal results).

d. Employ techniques to minimize off-target application (i.e., spray drift) of pesticides, including consideration of alternative application techniques. For example, when spraying is required, increase drop size, lower application pressure, use surfactants and adjuvants, use wick application, etc.

e. Apply pesticides only when wind speeds are low.

f. Mix and apply only as much material as is necessary for treatment. Calibrate application equipment prior to and during use to ensure desired application rate.

g. Do not mix or load pesticides in application equipment adjacent to a storm drain inlet, culvert, or watercourse.

h. Irrigate slowly to prevent runoff, and do not over-water.

(Ord. 318-89, 1989; Ord. 763-11 § 2, 2011)

Conservation of water used in all public landscaping shall be considered in the design, installation and maintenance of all public plantings in accordance with guidelines established by the City Council.

(Ord. 318-89, 1989)

A. Intent. The preservation of trees is necessary for the health and welfare of the citizens of the City in order to preserve the scenic beauty, prevent erosion of topsoil, protect against flood hazards and risk of landslides, counteract the pollutants in the air, maintain the climatic balance and decrease wind velocities, contributing greatly to the value of land in the City. It is the intent of these sections to limit the removal of significant trees within the City in order to retain as many trees as possible consistent with the purpose of these sections and the reasonable economic enjoyment of private property.

B. Scope.

1. This chapter shall apply to every property owner and to every person, corporation, partnership, sole proprietorship or other entity responsible for removing a tree.

2. The trees protected by this chapter are:

a. All trees which have a thirty-five-inch or greater circumference of a trunk, or in the case of multitrunk trees, a total of seventy inches or more of the circumference of all trunks, where such trees are located on residential property;

b. All trees which have a twelve-inch or greater circumference of any trunk, when removal relates to any transaction for which zoning approval or subdivision approval is required;

c. Any tree that existed at the time of a zoning approval or subdivision approval and was a specific subject of such approval or otherwise covered by paragraph (b) of this subdivision;

d. Any tree that was required to be planted by the terms of a zoning approval or a subdivision approval;

e. All trees which have a twelve-inch or greater circumference of any trunk and are located on a vacant lot or undeveloped property;

f. All trees which have a twelve-inch or greater circumference of any trunk and are located on commercial, office or industrial developed property.

3. Measurement of a circumference for the purpose of applying subsection (B)(2) of this section shall be made with a taut tape, three feet above the ground.

C. Prohibition. It is unlawful for any person to trim or remove a tree covered by this section without a permit issued under the provisions of subsections E and F of this section.

D. Exceptions. The following tree removals or trimming are exempted from the provisions of this chapter:

1. Removal and trimming of orchard trees as part of farming operations or upon order of the County Agricultural Inspector;

2. Removal and trimming in case of emergency when a tree is imminently hazardous or dangerous to life or property, or on order of the Public Works Director.

E. Applications for permit. The information on applications for tree removal or trimming permits shall include the number and location of the trees to be removed or trimmed, showing the type of each and the reason for removal or trimming of each. The applicant shall also indicate the method of removal or trimming to be used. Applications for tree removal or trimming may be granted, denied or granted with conditions.

F. Determination on permit. Except as hereafter provided, the Public Works Director shall approve or disapprove the permit in accordance with the provisions of subsection G of this section. When an application for any zoning approval, or subdivision of land is under consideration by the Planning Commission the determination on the tree removal permit shall be made concurrently by the Planning Commission with the related matter.

The deciding official or the deciding body may impose as a condition on which a permit is granted that one or more replacement trees of a species and a size designed by the Public Works Director be planted on public or private property. The person requesting the permit or the property owner may also be required to pay the cost of obtaining and planting the replacement trees.

G. Standards. Each application shall be reviewed and determined in consideration of the following standards:

1. The condition of the tree or trees with respect to disease, imminent danger of falling, proximity to existing or proposed structures, and structural damage caused by a tree;

2. The topography of the land and the effect of trimming or removal of the tree on erosion, soil retention and diversion or increased flow of surface waters;

3. The number of trees existing in the neighborhood or improved property and the effect that trimming or removal would have on the established standard of the area and the property values;

4. The number of trees the particular parcel can adequately support according to good forestry practices.

(Ord. 318-89, 1989)

If any section, subsection, sentence, clause or phrase of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the chapter.

(Ord. 318-89, 1989)

A. The violation of any of the provisions of this chapter shall also be deemed a nuisance. Civil action to abate, enjoin or otherwise compel the cessation of such nuisance may be taken by the appropriate legal officers of the City of Union City upon complaint of the City Council.

B. There may also be imposed the current comprehensive replacement value of the tree or trees involved for which the penalty is assessed using one of the following methods:

1. Replacement method: for trees up to eight inches in trunk diameter based on replacement cost including species, size, and site specificity to a given locality as defined in the International Society of Arboriculture Guide for Valuation of Landscape Trees, Shrubs, and Other Plants, seventh edition or later;

2. Basic method: for trees that are too large to replace with nursery or field stock as defined in the International Society of Arboriculture Guide for Valuation of Landscape Trees, Shrubs, and Other Plants, seventh edition or later.

(Ord. 318-89, 1989)

All remedies prescribed in this chapter shall be cumulative and the use of one or more remedies by the City of Union City shall not bar the use of any other remedy for the purpose of enforcing the provisions of this chapter.

(Ord. 318-89, 1989)