West Covina Municipal Code § 24-21 Declaration of public nuisance and abatement procedures

Footnotes:

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Editor's note— Ord. No. 1714, § 1, adopted April 14, 1986, has been treated as superseding the provisions of former Art. II, §§ 24-16—24-26. The aforesaid sections were concerned with similar provisions and derived from the Code of 1960, §§ 7400—7410; and Ord. No. 1521, § 1, adopted August 24, 1981. A copy of the city's street tree policy and list of approved street trees and undesirable trees which was attached to Ord. No. 1714, but not included herein, is available at the city clerk's office.

The following words and phrases, whenever used in this article shall be construed as defined in this section, unless it shall be apparent from the context that a different meaning is intended:

(a) City means the City of West Covina.

(b) Department means the city maintenance department.

(c) Director means the city maintenance director or his authorized representative.

(d) Maintain or maintenance when used in reference to street trees, means and includes pruning, trimming, root pruning, spraying, mulching, fertilizing, cultivating, supporting, protecting, treating for disease or injury, or any act which promotes the growth, health or beauty of street trees.

(e) Person means any individual, partnership, corporation, or association, and to the extent of the city's jurisdiction, any public entity.

(f) Planting strip or parkway means that portion of the public right-of-way between the curb, or curb line, and the abutting property line used for the purpose of planting street trees.

(g) Public property means any area owned or controlled by the city.

(h) Public tree means any tree planted on public property.

(i) Street tree means any tree planted in a planting strip, parkway, or tree well.

(j) Tree means any woody plant usually having one erect perennial trunk bearing the foliage or crown at least sixteen (16) feet above ground level upon maturity.

(Ord. No. 1714, § 1, 4-14-86)

The planting and maintenance of all trees in or upon any street, park, parkway or public place in the city, and the pruning, trimming and removal of the same, shall be at all times subject to the supervision of the director, under the authority of the city council. In the case where the public tree(s) is a significant tree(s), or a heritage tree(s) as defined in section 26-259 of this Code, or has a caliper of one (1) foot or more measured at four (4) feet six (6) inches above grade, then said tree(s) shall be subject to the tree permit procedure outlined in section 26-293. Except as otherwise provided in chapter 26, article VI, division 8, the director may authorize the removal or pruning by the city or by any other person, as herein provided, of any tree in or upon any street, park, parkway or public place which interferes with the construction work, or the maintenance thereof, or any tree which is dead, or which creates a hazard to the public safety or which does not conform to the type or variety designated for the particular place in which the same is situated.

(Ord. No. 1714, § 1, 4-14-86; Ord. No. 1864, § 2, 11-12-90; Ord. No. 2519, § 18, 2-20-24)

The director shall develop and maintain a street tree plan as approved by the city council upon the recommendation of the recreation and parks commission including a master list of trees approved for planting in streets and parkways throughout the city. The plan will also include rules and regulations governing the planting, location, spacing and maintenance of the various varieties of the listed trees. The director shall designate the kind and variety of trees to be planted upon any street, park, parkway or public place of the city and the location, spacing and planting procedure to be followed. No person shall plant or install any tree upon any portion of any street, park, parkway or other public place which does not conform to the type, variety, location and spacing designated by the director for that area. Owners of property, however, fronting upon any street for which a type or variety of tree has not been designated by the director, or who are dissatisfied with such designation, may petition the director to designate such type and variety or to change the designation. If said petition would ultimately require the removal of any street tree(s) that has a caliper of one (1) foot or more, and/or qualifies as a significant tree(s) or heritage tree(s) as defined in chapter 26, section 26-259, then approval of the same shall be subject to the tree permit procedures outlined in section 26-263. If they are dissatisfied with the action of the director, they may appeal to the recreation and parks commission which shall have the authority to change the designation. If they are dissatisfied with any determination rendered on the tree permit, they may appeal in the manner described in section 26-263(d). Any action of the director or of the commission may be set aside, changed or altered by the city council.

(Ord. No. 1714, § 1, 4-14-86; Ord. No. 1864, § 2, 11-12-90; Ord. No. 2519, § 19, 2-20-24)

The owner and occupant of nonresidential property with abutting street trees shall be responsible for providing an adequate irrigation system for watering of such trees. The owner and occupant of residential property with abutting street trees shall be responsible for providing adequate watering of such trees.

(Ord. No. 1714, § 1, 4-14-86)

It shall be the responsibility of all property owners to treat or remove any diseased or insect-infested trees, shrubs, plants, grass or other vegetation located on their property which constitute a hazard to trees, shrubs, or plants located in public places and/or to the general public health and/or a safety hazard. The director may require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or diseases that would cause serious injury to street trees, shrubs, and plant material within the city. The director will notify the property owner in writing, describing the conditions and stating the control necessary for correction, and establishing a reasonable time period for taking action.

Any objections by the property owner will be reviewed by a qualified plant pathologist. If further action is necessary, the owner must institute appropriate procedures within the time specified.

(Ord. No. 1714, § 1, 4-14-86)

(a) Declaring a nuisance: If any property owner fails to follow required procedures as described in section 24-20, the city council may declare, by resolution, any hazardous trees, shrubs or plants a public nuisance. The resolution shall describe the property upon which the trees are located, the threat to the public interest and an abatement plan.

(b) Notice: Notice of the resolution and date on which the city council shall hear objections shall be given to the property owner as follows:

(1) Posting: Notices shall be conspicuously posted on or in front of the property on which the nuisance exists. Notices shall be posted at least five (5) days prior to the time when the city council will hear objections.

(2) Mail: In addition to posting notices of the resolution and hearing date, the city clerk shall mail written notices of the proposed abatement to all persons owning property described in the resolution, provided the identity of said owners can be ascertained by reasonable efforts.

(c) Hearing: At the time stated in the notices, the city council shall hear and consider all objections to the proposed treatment or removal of the trees, shrubs, or plants. By motion or resolution at the conclusion of the hearing the city council shall allow or overrule any objections. At that time the city council acquires authority to proceed and perform the treatment or removal.

(d) Abatement order: If objections have not been made or after the legislative body has disposed of those made, the council shall order the director to abate the nuisance. The order shall be made by motion or resolution.

(e) Entry to abate: The director may enter upon private property and take any action necessary to abate the nuisance, including spraying, trimming, pruning, treating, or removing all or part of the affected tree, shrub, or plant.

(f) Emergency abatement procedures: If any trees, shrubs, or plants, diseased or otherwise pose an immediate threat to human life, the director may take such action as is necessary to abate such a hazard upon twenty-four-hour notice to the property owner, where possible and unless to delay action would without question endanger lives or property. Notice shall be given in the manner most likely to reach the owner within the twenty-four-hour period. The city shall take steps to protect the public from any potential injury while the twenty-four-hour period funds. Any costs associated therewith may be assessed against the affected parcel pursuant to the following subsection.

(g) Costs. The cost of abatement in front of or upon each parcel of land constitutes a special assessment against the parcel. After the assessment is made and confirmed, it is a lien on the parcel.

(Ord. No. 1714, § 1, 4-14-86)

Except as otherwise provided in this article and Chapter 26, Article VI, Division 8, it shall be unlawful for any person to plant, maintain (except watering), or remove any street trees without prior written permission from the director in accordance with section 24-18 and when applicable section 26-263. The director may grant permission subject to the condition that any removed street tree be replaced by a tree in accordance with section 24-18. No such permission shall be valid for a period longer than thirty (30) days after its date of issuance.

(Ord. No. 1714, § 1, 4-14-86; Ord. No. 1864, § 2, 11-12-90; Ord. No. 2519, § 20, 2-20-24)

The city may require reimbursement from persons responsible for removing or damaging public trees. Reimbursement may include the value of the tree, costs incurred for procurement and replacement, and costs incurred for treatment of such trees. Costs shall be determined by the director. In the case where the removed or damaged public tree is also a significant tree(s) or heritage tree(s) as defined in chapter 26, section 26-259, reimbursement shall be subject to section 26-265.

(Ord. No. 1714, § 1, 4-14-86; Ord. No. 1864, § 2, 11-12-90; Ord. No. 2519, § 21, 2-20-24)

(a) It shall be unlawful for any person to destroy, deface or injure any public tree through willful intent or negligence.

(b) No person shall cause, authorize or permit any brine water, oil, liquid dye or other substance deleterious to tree life to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub or plant in any street, park, parkway, or public place of the city, or onto any sidewalk, road or pavement within the city at a point from which such substance may flow, drip or seep into such soil, injure such tree, shrub, or plant, or to otherwise harm or kill any such tree, shrub, or plant. No person, without the written approval of the director, shall place or maintain any stone, cement or other substance so that it shall substantially impede the free access of water or air to the roots of any tree, shrub or plant in any street, park, parkway or public place of the city.

(c) No person, without the written permission of the director, shall place, apply, attach or keep attached to any tree, shrub or plant in any street, park, parkway or public place of the city, or to the guard or stake intended for the protection thereof, any wire, rope, sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever which shall be injurious to the tree, shrub or plant, or which shall be a public nuisance.

(Ord. No. 1714, § 1, 4-14-86)

During the erection, repair, alteration or removal of any building, house or structure in the city, no person in charge of such work shall leave any tree, in any street, park, parkway or public place of the city in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to such good and sufficient guards or protectors as shall prevent injury to such tree, arising out of or by reason of such erection, repair, alteration or removal. In the case of a significant tree(s), or a heritage tree(s) as defined in chapter 26, section 26-259, or if a tree(s) has a caliper of one (1) foot or more measured at four (4) feet six (6) inches above grade, then said protective measures shall be subject to section 26-264.

(Ord. No. 1714, § 1, 4-14-86; Ord. No. 1864, § 2, 11-12-90; Ord. No. 2519, § 22, 2-20-24)

(a) No person owning or controlling property abutting upon any public street, parkway, or public place in the city, upon which property are located any hedges, trees, shrubs or plants, shall permit said plantings to encroach upon or to overhang the sidewalk, parkway, curb or street in such a manner as to impede or interfere with vehicular or pedestrian traffic, drainage flow, or maintenance thereof, or to create a hazardous condition; and such person shall keep such planting trimmed as the public convenience and this section require.

(b) If any such person violates or fails to comply with the requirements or provisions of this section, he shall be guilty of a misdemeanor and punishable accordingly; and in addition, if any such tree, hedge, shrub or plant is not maintained and trimmed as required by this section within ten (10) days after notice in writing thereof is given to such person by the city, the same shall be deemed a public nuisance and may be abated by the city as such and the cost of such abatement shall be imposed upon and collected from such person.

(Ord. No. 1714, § 1, 4-14-86)

It shall be unlawful for any person to place or maintain upon any public property any material objects, including plant material, which may interfere with the planting, maintenance, removal, or health of public trees. The director may notify the responsible person in writing and establish a reasonable person in writing and establish a reasonable amount of time in which said person shall remove any such objects. If removal is not accomplished within the time specified, the same shall be deemed a public nuisance and it shall be lawful for the city to remove such objects, and costs thereof may be assessed to the responsible person.

(Ord. No. 1714, § 1, 4-14-86)

No person shall interfere with the director or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, park, parkway or public place of the city, or in the removing of any substance or plant material from about the trunk or roots of any tree, shrub, or plant in any such street, park, parkway or public place.

(Ord. No. 1714, § 1, 4-14-86)

(a) Every person in possession or control of any property abutting upon any parkway, whether separated therefrom by a sidewalk or not, shall be responsible for the maintenance and shall maintain such parkway or parkways abutting such property free of trash and debris, shall adequately maintain and care for any hedge, shrub, plants, or grass in such parkway in a healthy, neat and orderly condition, and shall comply with all the requirements of section 22-8 of this Code. The city shall maintain all approved trees in parkways.

(b) If any person violates or fails to comply with the requirements or provisions of this section, he shall be guilty of an infraction and punishable accordingly; and in addition, if any such hedge, shrub, plants or grass are not maintained and trimmed as required by this section within ten (10) days after notice in writing thereof is given to such person by the city, the same shall be deemed a public nuisance and may be abated by the city as such and the cost of such abatement shall be imposed upon and collected from such person.

(Ord. No. 1714, § 1, 4-14-86)