Williams Municipal Code Ch. 12.35 Trees and Shrubs

Footnotes:

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State Law reference— State law authorizing city to plant shade trees, see Gov. Code § 40401; cutting, removal, injuring, etc., of trees, see Penal C. § 384a.

Cross reference— License fees for tree trimmers or tree surgeons, see §§ 5.04 and 12.30 Encroachment of this Code.

The superintendent of public works shall administer the provisions of this chapter and shall advise with and make recommendations to the city council on all matters relating to the care, maintenance and preservation of the trees in the city.

The superintendent of public works shall report to the city council and make recommendations as to the trees, shrubs or plants in, upon or over any city street, boulevard, easement, park, pleasure ground, alley or public place in the city which should be trimmed, pruned, treated for disease or otherwise cared for by the city.

(Ord. 010-84, 1984)

The city council is hereby authorized to prepare, adopt and periodically revise a master list of trees approved for planting in the public rights-of-way of any street, alley, boulevard, parkway or parking strip, or any other public place. The city council may adopt and enforce a master plan for tree planting in such public rights-of-way or other public places.

(Ord. 010-84, 1984)

A. The city will, from time to time, as funds are appropriated by the city council, plant trees and shrubs in the public rights-of-way of any street, alley, boulevard, parkway or parking strip or any other public place. The city will, upon application of the owner of property fronting on such public rights-of-way, plant trees or shrubs; provided, that the owner of such property pays to the city its charges therefor, which charges shall be determined and established by the city council prior to performing such work.

B. No tree or shrub shall be planted in any such public rights-of-way or any other public place, unless such tree or shrub is included in the master list adopted by the city council, and its planting is in accordance with the master plan for tree or shrub planting if such a plan has been adopted.

C. If no master plan is adopted or until such a plan is adopted, no tree, plant, or other shrub shall be planted in any such public rights-of-way or other shrub shall be planted in any such public rights-of-way or other public place without the approval of the city council.

D. All trees and shrubs to be planted in the public rights-of-way and other public places shall be planted by the public works department, unless an encroachment permit is issued in accordance with Chapter 12.30 of the City of Williams Municipal Code to a private individual to do such planting, in which case the work shall be subject to supervision by the superintendent of public works.

(Ord. 010-84, 1984)

It shall be the responsibility of the superintendent of public works to care for and maintain trees in the public rights-of-way of any street, alley, boulevard, parkway or parking strip or any other public place. No person shall cut, trim, prune, remove, spray, injure or interfere with any tree or shrub on any street, parking strip, boulevard, park, alley, pleasure ground or public place in the city, without approval, in writing, by the superintendent of public works.

(Ord. 010-84, 1984)

All dead or hazardous trees and shrubs on any parking strip, street or boulevard, alley, pleasure ground, park or public place will be removed by the city at its expense, and the wood therefrom shall be subject to the disposition of the city council.

(Ord. 010-84, 1984)

Notwithstanding Section 12.35.050 of the Williams Municipal Code herein to the contrary, the director of public works shall not remove or permit to be removed any live tree or shrub as described therein, except in instances of immediate public danger, without first posting such tree or shrub with a conspicuous "Tree or Shrub Removal Notice," stating in general that the tree or shrub is to be removed ten days after the date of posting. The notice shall state that any person may protest the removal of such tree or shrub by notifying the city in writing prior to the end of the ten-day period. Upon receipt of such a protest, the director of public works shall stay the removal and reconsider the decision to remove or permit removal of such tree or shrub within five days. If the tree or shrub poses no threat to public safety, public or private property (including utilities and sewer laterals), or if removal is not required to allow the construction of public or private improvements, or if such threat may be mitigated by pruning, root pruning, irrigation, feeding or other maintenance, the director of public works shall not remove or permit removal of the tree or shrub. Any person aggrieved by the final determination of the director of public works may appeal to the city administrator, who will stay the removal for five days. Any person aggrieved by the determination of the city administrator may appeal to the city council by submitting such request in writing to the city clerk. The removal will be placed on hold until a decision is rendered by the city council at their next regularly scheduled meeting. The city administrator may establish rules or procedures for the processing of any such appeals.

(Ord. No. 202-13, § 3, 6-19-2013)

Any request for the removal or trimming of trees affecting any commercial enterprise, when trees are growing on or adjacent to any parking strip, street, boulevard, alley, park, pleasure ground or public place shall be made, in writing, to the city administrator, seven days in advance of the time such removal or trimming is to be done. Approval shall be given, in writing, by the superintendent of public works and the city administrator, before any work may be done. Upon approval, all such work shall be supervised by the superintendent of public works and at the total expense of the commercial enterprise making the request. No permit shall be valid for longer than thirty days. In the event such tree constitutes an immediate hazard to persons or property, the same may be forthwith trimmed or removed, on approval by the superintendent of public works. ;hn0 (Ord. 010-84, 1984)

Any person, maintaining any overhead wires, pipes or any underground conduits along or across any street, parking strip, boulevard, alley, park, public place or pleasure ground in the city, or owning any property abutting upon any street, parking strip, boulevard, park, pleasure ground, public place or alley, is responsible for any damage to trees, shrubs or plants caused by electric wires, leaks in gas mains, or any damage caused by their equipment when so installed, or during the installation of the same. The reasonable expense incurred by the city in restoring or replacing any such damaged trees, plants or shrubs shall be paid to the city by the owner of such facilities upon demand therefor.

(Ord. 010-84, 1984)

No person shall move any building or any other device or object along any street in the city in such manner as to injure any tree, shrub, or plant in such street area. The city may if it deems it advisable, require a bond from any person desiring to move any building or any other device or object along any street or boulevard, alley, park, or public place in the city.

(Ord. 010-84, 1984)

Tree guards or stakes may be placed around trees, shrubs or plants growing in the public places mentioned in this chapter, by the city or by property owners; provided, that the same are merely placed near a tree, shrub or plant for the purpose of protecting or training such tree, shrub or plant, subject to the approval of the superintendent of public works.

(Ord. 010-84, 1984)

No person shall fasten or attach any wires, pipes, signs, placards or structure of any kind to any tree, shrub or plant growing on any parkway, parking strip, boulevard, park, pleasure ground or alley in the city, without first having obtained written permission from the superintendent of public works or city administrator.

(Ord. 010-84, 1984)

No person shall cause, authorize or procure any brine water, oil, liquid dye or other substance which is deleterious to tree life to lay, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub or plant in any street, park, pleasure ground, boulevard, parking strip, public place or alley in the city, or on to any sidewalk, road or pavement within the city, at a point from which substance may be laying upon, or by flowing, dripping or seeping into such soil injure such trees, shrubs or plants or otherwise harm or kill any such tree, shrub or plant. No person without the approval of the tree commission shall place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any tree or shrub or plant in any street, park, pleasure ground, boulevard, parking strip, alley or public place in the city.

(Ord. 010-84, 1984)

The superintendent of public works shall inspect all trees, shrubs or plants on any street, park, pleasure ground, parking strip, boulevard, alley or public place in the city to determine the requirements for trimming, pruning, repairing, removing or spraying.

(Ord. 010-84, 1984)

The superintendent of public works shall inspect all streets, parking strips, sidewalks and other public areas with a representative of the police department, and where trees, shrubs or plants on any street, park, pleasure ground, boulevard, parking strip, alley or public place are causing a traffic hazard or obstruction to travel, they may take steps to have any such hazard removed. If the trees, plants or shrubs are on private property, the cost of the removal or trimming shall be that of the property owner. If there is an immediate danger to persons or property as determined by the discretion of the superintendent of public works he will, if practical, notify the property owner to take necessary corrective measures to abate the danger or hazard immediately. If it is not practical to so notify the owner or if the property owner does not act immediately to abate the danger or hazard, then the superintendent of public works shall have the work performed and the property owner charged the reasonable expense incurred by the city.

(Ord. 010-84, 1984)

If the danger or hazard is not considered immediate the property owner shall be given notice as provided in this chapter which shall require said property owner to correct or cause to be corrected the danger or hazard caused by the tree, plant or shrub within the time specified in the notice under the supervision, inspection and approval of the superintendent of public works. Said notice time for correction shall begin to run from the date the notice is posted in the United States Mail first class to the property owner as listed on the most recent tax roll of the County of Colusa Tax Collector.

(Ord. 010-84, 1984)

Whenever any property owner or agent fails to do any of the things as requested by this chapter, it shall be the duty of the superintendent of public works of the city to give written notice of such failure to comply with this chapter by posting a notice on the lot, and also by leaving a notice with any occupant of the lot. Written notice shall also be given to the owner of the lot by depositing a notice in the post office with postage fully prepaid at Williams, California, and addressed to the last known address of the owner. If the owner is a nonresident and his address is not known the notice shall be addressed to him at Williams, California. The notice shall briefly describe the work to be done, and shall refer to this chapter. The notice shall contain a notification that unless the work is done within thirty days from the date of the posting of the notice on the property, the superintendent of public works shall do or cause to have done the work, and the cost and expenses shall be charged to the property owner and made a lien against the property.

(Ord. 010-84, 1984)

The superintendent of public works shall inspect all streets, parking strips, boulevards, sidewalks and alleys for low branches or other hazards, and have the same removed wherever these hazards are found.

(Ord. 010-84, 1984)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding five hundred dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person shall be deemed guilty of separate offense for each day during any portion of which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, and shall be punishable therefor as provided for in this chapter.

(Ord. 010-84, 1984)

If any section, subsection, provision, graph, sentence, clause or phrase of this chapter is held to be unconstitutional by the final decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter or any part thereof. The city council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause and paragraph thereof, irrespective of the fact that any one or more sections, subsections, subdivision, paragraphs, sentences, clauses or phrases be declared invalid.

(Ord. 010-84, 1984)

This chapter shall take effect thirty days after its final passage.

(Ord. 010-84, 1984)