89.0130 Construction Standards.

During construction and prior to final inspection under a development permit, the following standards shall apply unless otherwise approved in writing by a Tree Expert.

• (a) Tree trunks and plants shall not be enclosed within roof lines or decking.

(b) Utilities, construction signs, or other hardware shall not be attached so as to penetrate or abrase any live tree or plant.

(c) Grade Alterations

There shall be no grade alterations which bury any portion of a tree or plant or significantly undercut the root system within the dripline.

89.0140 Enforcement.

(a) The provisions of Division 1, Chapter 2, shall apply to this Division, including those regarding enforcement and enforcement officers.

(b) The provisions of this Division shall be enforced by any authorized member of the Community Development Department, Local Fire Authority and may be enforced by the California Department of Forestry where applicable. (c) Extension of Time

If any of the land governed by this Division shall be subject to snow, flooding, or other conditions which shall render compliance with the provisions of this Division within the specified time periods impractical because of inaccessibility, an enforcement officer may extend the period of time for compliance.

(d) A peace officer or any authorized enforcement officer may, in the enforcement of this chapter, make arrests without warrant for a violation of this chapter which he or she may witness, and may confiscate regulated trees or plants, or parts thereof which are unlawfully harvested, possessed, sold, or otherwise obtained in violation of this chapter. Also, any designated enforcement officer is hereby authorized and directed to enter in or upon any premises or other place, train, vehicle, or other means of transportation within or entering the State which is suspected of containing or having present therein or thereon plants in violation of this Division in order to examine permits and wood receipts and observe tags and seals and to otherwise enforce the provisions of this chapter.

(e) When any power or authority is given by any provision of this chapter to any person, it may be exercised by any deputy, inspector, or agent duly authorized by that person. Any person in whom the enforcement of any provision of this chapter is vested has the power of a peace officer as to that enforcement, which shall include County, State, or Federal agencies with which cooperative agreements have been made by the City to enforce the provisions of this chapter.

(f) No person shall remove or damage all or part of any tree or plant on another property without first obtaining notarized written permission from the landowner and any required permits, wood receipts, or tags and seals. Also, it is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to harvest all or parts of a tree or plant, whether it be alive or dead.

or damage all or part of any tree or plant on another property without first obtaining notarized written permission from the landowner and any required permits, wood receipts, or tags and seals. Also, it is unlawful for any person to falsify any document offered as evidence of permission to enter upon the property of another to harvest all or parts of a tree or plant, whether it be alive or dead.

(g) No person, except as provided in this chapter, shall commence with a disturbance of land (e.g. grading or land clearing) without first obtaining approval to assure that said disturbance will not result in the removal of any regulated trees or plants. Said approval may be in the form of a development permit, a plant harvesting permit, or a tree removal permit issued by the appropriate authority.