Yuba City Municipal Code Ch. 3 Street Trees

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

(a) "Department" shall mean the Recreation and Parks Department of the City.

(b) "Director" shall mean the Director of Recreation and Parks.

(c) "Maintain" or "maintenance," when used in reference to street trees, shall mean and include clipping, pruning, spraying, mulching, cultivating, propping, supporting, treating for disease or injury, or any other similar act, except watering unless specifically so stated, which promotes the life, growth, health, or beauty of street trees.

(d) "Planting easement" shall mean that portion of land made available as a public easement in order to plant and maintain street trees.

(e) "Planting season" shall mean that period of the year when trees are normally dormant, commonly known as the "bare root season," usually from about November to March.

(f) "Planting strip" shall mean that portion of the public right-of-way between the curb, or curb line, and the adjacent property line used to plant and maintain street trees.

(g) "Street tree plan" shall mean an official adopted plan for planting certain varieties of trees in public rights-of-way or planting easements within the City.

(§ 1, Ord. 563, eff. December 18, 1968)

(a) The Council hereby declares that it is in the best interests of the City to develop and establish a comprehensive plan for planting and maintaining street trees.

(b) The Recreation and Parks Department, in cooperation with the Planning Department, shall prepare or have prepared a street tree plan. Such plan shall be reviewed by the City Manager and shall be submitted to the Planning Commission which shall review said plan and submit its recommendations thereon to the Council. After making any revisions to the street tree plan which it may deem advisable, the Council shall adopt such plan by resolution. From time to time the Director shall recommend revisions thereto, and amendments to the street tree plan shall be made in the same manner as the original adoption.

(c) The street tree plan shall include the types, varieties, and locations of street trees to be planted. Such street tree plan shall include a map of the City which graphically portrays the varieties and locations of trees to be planted on designated streets.

(d) All new and replacement plantings shall be made in accordance with the street tree plan adopted by the Council.

(§ 1, Ord. 563, eff. December 18, 1968)

The Director shall have the authority and responsibility to do the following:

(a) Carry out the provisions of this chapter;

(b) Enter in or upon any part of a planting strip or planting easement or adjacent property as is reasonably necessary to plant, inspect, and maintain any street tree;

(c) Remove or replace any street tree located within a planting strip or planting easement in accordance with the provisions of this chapter; and

(d) Supervise all work done under a permit issued in accordance with the provisions of this chapter.

(§ 1, Ord. 563, eff. December 18, 1968)

(a) Except as otherwise provided in this section, within the limits of funds provided in the City budget, the City shall supply, plant, maintain, and replace street trees in all planting strips and planting easements within the City.

(b) Fees shall be charged to subdividers to provide the cost of furnishing, locating, planting, and fertilizing street trees.

(c) Any person who wishes to plant or set out any tree in above-ground containers in the public right-of-way shall make written application to and obtain a permit from the Director. The permit shall state the number of trees to be planted or set out, the location, size, and variety of each tree, the spacing of each tree, and such other information as the Director may require. Approval shall be granted only when it is demonstrated to the satisfaction of the Director that the planting of trees in the ground is either physically impossible or economically unfeasible and when such planting is in compliance with the approved plan.

(d) No maintenance of street trees shall be provided by the City on private property except in a planting strip or planting easement.

(e) The owner or occupant of the property, as the case may be, shall be responsible for watering and fertilizing street trees located in a planting strip or planting easement abutting such property. The City shall not be responsible for watering or fertilizing any such street trees.

(f) This section shall not prevent any person from installing and maintaining any overhead wires or underground pipes or conduits lawfully on, over, or under public streets, public rights-of-way or planting strips. The Director, when reviewing plans for planting, maintaining, replacing, or removing street trees, shall consider the effect upon existing overhead wires or underground pipes or conduits and shall avoid unnecessary disturbance to or relocation of such facilities.

(§ 1, Ord. 563, eff. December 18, 1968)

(a) The Director may remove or cause the removal of any street trees or other plant materials planted in a planting strip or planting easement if such street trees or other plant materials are deemed by the Director to be unhealthy, hazardous, undesirable, or causing excessive damage to existing public improvements or street trees.

(b) The Director shall have the authority to require property owners to take such action as is necessary to control insects, scales, parasites, fungus, and other injurious pests or plant materials that would cause serious injury to street trees and other plant materials within the City. The Director shall notify the property owners in writing, describe the conditions, state the control necessary to correct the condition, and establish a reasonable time within which the corrective steps shall be taken.

(c) The Director shall have the authority to require property owners to remove any tree or other plant materials from private property if it is determined by the Director to be interfering seriously with the growth and health of any street tree.

(d) Any person who wishes to remove a tree from the planting strip or planting easement abutting his or her property shall make written application to and obtain a permit from the Director. The Director shall determine whether such tree is required to be retained in order to preserve the intent and purpose of the street tree plan and whether a replacement tree is required. In making his or her determination, the Director shall consider the inconvenience or hardship which retention of the tree would cause the property owner and consider also the condition, age, desirability of variety, and location of the tree. If the Director finds that the tree may be removed without violating the intent and spirit of the street tree plan, he or she may authorize the property owner to remove such tree at his or her own expense and liability. If a permit is granted for removal of a street tree, all removal work shall be completed within 60 calendar days from the date of the issuance of the permit and shall be under the general supervision of, and in accordance with, rules established by the Director. All tree stumps shall be removed completely. All removal permits shall be void after the expiration of 60 calendar days from the date of issuance unless extended by the Director. When a replacement tree is required, the property owner shall supply and plant the tree at his or her own expense.

(§ 1, Ord. 563, eff. December 18, 1968)

(a) It shall be unlawful for any person to plant a tree or other plant material, other than lawn or similar planting material, in a planting strip or planting easement without first obtaining permission from the Director.

(b) It shall be unlawful for any person to trim, prune, spray, or cut any street tree in a planting strip or planting easement without first obtaining permission form the Director.

(c) It shall be unlawful for any person to interfere, or cause any person to interfere, with any work being done under the provisions of this chapter by any employee of the City or by any person doing work for the City or under a permit granted by the City.

(d) It shall be unlawful for any person to interfere, or cause any person to interfere, with or damage any overhead wires or underground pipes or conduits while trimming, pruning, spraying, cutting, or removing any street tree in a planting strip or planting easement. The owner of such facilities shall be notified when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to overhead wires, underground pipes, or conduits shall be the responsibility of the person doing or causing the work to be done. The City and its officers and employees shall be exempt from the provisions of this subsection.

(§ 1, Ord. 563, eff. December 18, 1968)

Notwithstanding other provisions of this chapter, it is hereby made the duty of every person owning or occupying any land or lots of land within the City to keep all private trees extending over any street or alley trimmed up to a height of not less than 14 ft., except that a height of not less than seven ft. shall be permitted over the sidewalk area, and also to keep such space clear of debris.

The Director may remove overhead limbs from any tree, regardless of the location of such tree, if in his or her opinion such removals are necessary in the interests of public safety. In the event such trees are on private property, the Director shall notify the property owner, or his or her authorized agent, of such intent to remove limbs by written notice at least seven calendar days prior to such removal except in the case of manifest public danger and immediate necessity.

(§ 1, Ord. 563, eff. December 18, 1968)

(a) The Public Works Department shall notify the Recreation and Parks Department of any applications for new curbs, gutters, sidewalks, or driveway installations, or other improvements, which might require the removal of or cause injury to any street tree or interfere with the fulfillment of the street tree plan.

(b) Any public utility maintaining any overhead wires or underground pipes or conduits shall obtain a permit from the Director before performing any maintenance to such wires, pipes, or conduits which would cause injury to any street tree. Such permit shall be valid for one year from the date of issuance. Such public utility shall furnish the Director with an advance schedule of its activities pertaining to the maintenance of such wires, pipes, or conduits. Such public utility, in no way, shall injure, deface, prune, or scar any street tree until its plans and procedures have been approved by the Director.

(c) The Director shall be permitted to inspect any and all maintenance or operational work performed by any public utility which might affect street trees. When, in the opinion of the Director, the performance of such maintenance or operational work would cause excessive or unnecessary injury to any street tree, the Director shall have the authority to stop such work and arrange with such public utility another method of maintenance or operational work satisfactory to the City.

(d) The provisions of subsection (b) and subsection (c) of this section shall not apply to emergency public utility maintenance work which is performed during nonworking hours.

(§ 1, Ord. 563, eff. December 18, 1968)

It shall be unlawful for any person to injure or destroy by any means any tree planted or maintained by the City in a planting strip or planting easement, including, but not limited to, the following:

(a) Damaging, cutting, or carving the bark of any tree;

(b) Causing or permitting any wire charged with electricity to be attached to any tree;

(c) Allowing any gaseous, liquid, or solid substance harmful to trees to come in contact with the roots, leaves, bark, or any other part of any tree;

(d) Constructing a concrete sidewalk or driveway or otherwise filling up the ground around any tree so as to shut off air or water from its roots;

(e) Piling building materials, equipment, or other substance around any tree;

(f) Posting any sign, poster, notice, or other object on any tree, tree stake, or guard, or fastening any guy wire, cable, rope, nails, screws, or other device to any tree, tree stake, or guard; or

(g) Causing or encouraging any fire or burning near or around any tree.

(§ 1, Ord. 563, eff. December 18, 1968)

The following, whether in a planting strip, a planting easement, or on public or private property, are declared to be public nuisances:

(a) Any dead, diseased, infested, or dying tree so near to any street as to constitute a danger to any street tree or street or portion thereof;

(b) Any tree or other plant material, or part thereof, which is unsafe and constitutes a hazard to the life, health, safety, or property of the public or constitutes a center of infection for disease or insects which may endanger the health or life of other trees or shrubs;

(c) Any tree or other plant material which is of a type or species apt to destroy, impair, or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees or other official street trees, gutters, sewers, or other public improvements, including utility mains, pipes, or lines or their appurtenances;

(d) Any vines or climbing plants growing into or over street trees, public hydrants, poles, or electroliers;

(e) Any tree that is infested, infected, or in danger of becoming infested or infected with objectionable insects, scales, parasites, fungus, or growth injurious to trees;

(f) Any thorny shrubs, plants, or foliage of any type which would tend to catch the clothing of a pedestrian using the street or sidewalk;

(g) Any shrub, hedge or other plant material more than 30 in. in height measured from the top of the curb grade in any planting strip.

(h) Any shrubs, hedges or other plant material located in any planting strip with dense foliage that prevents a motorist from observing children playing in the sidewalk or yard area when the motorist is utilizing an adjacent driveway.

(§ 1, Ord. 563, eff. December 18, 1968; § 1, Ord. 900, eff. May 17, 1982)

The owner, occupant, or person in charge or control of the property where any such nuisance exists shall be responsible for abating such nuisance.

(§ 1, Ord. 563, eff. December 18, 1968)

The provisions of this chapter shall not be deemed to impose any liability upon the City, any member of the Council, or any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep his or her private property, sidewalks, and the planting strips abutting such private property in a safe condition so as not to be hazardous to public use.

(§ 1, Ord. 563, eff. December 18, 1968)