Chapter 12.10


12.10.010    Definitions

12.10.020    Purpose

12.10.030    Enforcement Of Chapter

12.10.040    Master Tree List--Composition By Director--On File With Commission--Revisions

12.10.050    Master Tree List--Trees Which Must Be On List

12.10.060    Jurisdiction, Supervision And Control

12.10.065    Duty Of Abutting Landowners To Cultivate Trees On Public Property

12.10.070    Permit--Required To Cut, Trim, Plant, Remove, Etc., Trees In Public Streets

12.10.080    Permit--Utilities, Etc., Shall Have Permit To Allow Maintenance Of Safe Operation--Scope Of Permit--Term

12.10.090    Permit--Only Those Qualified May Act Under Permit--Exception--Necessary Qualifications

12.10.100    Permit--Owner To Be Notified Prior To Cutting Tree In Front Of Land

12.10.110    Inspections to determine hazards, etc., and public nuisances--Owner must remove public nuisance within time limit.

12.10.120    Liability of city--Owner to properly maintain trees on his property.

12.10.130    Appeal from decisions.

12.10.140    Marring, defacing, etc., trees on private property.

12.10.150    Marring, defacing, etc., trees on public property.

12.10.160    Tree planting requirements.

12.10.170    Penalty for violations.

12.10.010 Definitions.

For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:

A.    "Commission" means the planning commission of the city.

B.    "Director" means the director of public works of the city.

C.    "Owner" means the legal owner of real property fronting on any street of the city and any lessee of such owner.

D.    "Person" includes lessees, trustees, receivers, agents, servants and employees of any person.

E.    "Public streets" or "streets" means all roads, streets, avenues, boulevards, alleys, parkways and public rights-of-way, or any portion thereof, of the city. (Ord. 200 §1(part), 1977).

12.10.020 Purpose.

It is for the best interests of the city and o,f the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in,or which may overhang, public streets within the city should be developed and established. This chapter, therefore, is 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 planting and removal of such trees. (Ord. 200 §1(part), 1977).

12.10.030 Enforcement of chapter:

The director of publie works shall be charged with the enforcement of this chapter. (Ord. 200 §1( part), 1977).

12.10.040 Master tree list--Composition by director--On file with commission--Revisions.

The director is charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in, or may overhang, the public streets within the city. Such determination shall be made by the director, who shall consult with those familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen and park executives. When such determination has been made, the director shall report his findings in writing to the commission, which shall make a recommendation to the city council. When approved by the city council, said report shall be known as the master tree list, shall be placed on file in the office of the commission and shall thereafter be the official master tree list. Revisions or changes in the master tree list may be made from time to time by the director in the manner described in this section for the development, approval and filing of the original master tree list. (Ord. 200 §1, 1977)

12.10.050 Master Tree List--Trees Which Must Be On List:

After the effective date hereof, all trees planted in, or trees which may overhang, the public streets of the city must be on the master tree list, unless a written permit from the director has been obtained to plant a tree not on said list. Such permit may be granted by the director only upon his obtaining approval therefor from the commission. It shall be unlawful to plant any tree except as provided in this section. (Ord. 200 §1, 1977)

12.10.060 Jurisdiction, Supervision And Control:

The director shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public streets of the city, and shall likewise have supervision, direction and control of the care, trimming, removal, relocation and replacement thereof. (Ord. 200 §1, 1977)

12.10.065 Duty Of Abutting Landowners To Cultivate Trees On Public Property:

It is hereby made the duty of all owners and persons having the possession and control of real property within the city to properly cultivate, care for and maintain all trees and shrubs now or hereafter planted or set out within any public street planting areas immediately adjacent to their respective real properties, subject, however, to: a) the general supervision, direction and control of the director of public works, as described in section 12.10.060 of this chapter, and b) the right of the city to perform any emergency or maintenance work deemed necessary. The city shall, at no cost to adjoining property owners, remove, cut, prune or trim any street or public tree where the tree is dangerous to health and safety. The property owner’s responsibility for street tree maintenance includes irrigation, pruning, keeping the right of way planting area free from weeds, debris or other obstructions inimical to public safety and/or contrary to the street landscaping plan, and otherwise maintaining such areas in a neat, clean, orderly manner. The placing of tar paper, plastic or other impermeable material over the ground, or the use of materials or chemicals intended to permanently sterilize the soil of these areas is prohibited unless expressly approved by the public works director, except that the planning commission shall review all approvals by the public works director for landscaped areas which were previously approved by the planning commission. Notwithstanding other provisions, it is made the duty of all persons owning or occupying any land within the city to keep all street trees within any public street planting areas immediately adjacent to their respective real properties and all private trees which extend over any public street or alley trimmed so as to remove any foliage encroaching into space above a street to a height of fourteen feet (14'), and above sidewalk areas to height of eight feet (8'). Any person claiming financial and physical inability to perform the duties set out in this section may petition the director of public works for relief. If the director of public works concurs that such inability exists, the public works department shall perform the required work. (Ord. 421 §1, 2000)

12.10.070 Permit--Reguired To Cut, Trim, Plant, Remove, Etc., Trees In Public streets:

It shall be unlawful and it is prohibited for any person other than the director or his authorized agents or employees to cut, trim, prune, spray, brace, plant, move, remove or replace any tree in any public street within the city, or to cause the same to be done, unless and until a written permit to do so has first been obtained from the director. Any such permit may be declared void by the director if its terms are violated. (Ord. 200 §1, 1977)

12.10.080 Permit--Utilities, Etc., Shall Have Permit To Allow Maintenance Of Safe Operation--Scope Of Permit--Term:

Any person doing business as a public utility subject to the jurisdiction of the state public utilities commission, and any duly constituted public agency authorized to provide and providing utility service, shall be given a permit from the 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 of the city, or trees 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 such commission and as may be necessary to maintain the safe operation of its business. (Ord. 200 §1, 1977)

12.10.090 Permit--Only Those Qualified May Act Under Permit--Exception--Necessary Qualifications:

No person other than an owner of the city or public utility may do any act for which a permit is required under chapter 5.04 of this code except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the director, is qualified for such business and who has obtained a license to carryon such business in the city from the chief of police. (Ord. 200 §1, 1977)

12.10.100 Permit--Owner To Be Notified Prior To Cuttinq Tree In Front Of Land:

Before the director consents to the cutting of any tree or any part thereof, the director must be satisfied that the owner of the lot or land on the side of the street immediately in front of which such tree is growing has received notice of the intention to cut such tree. (Ord. 200 §1, 1977)

12.10.110 Inspections To Determine Hazards, Etc., And Public Nuisances--Owner Must Remove Public Nuisance Within Time Limit:

The director may inspect any tree adjacent to or overhanging any public street in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on such public street. Any tree or part thereof growing upon private property by overhanging or interfering with the use of any street that, in the opinion of the director, endangers the life, health, safety, or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within ten (10) days after receipt of written notice to do so from the director, the director shall cause the nuisance to be corrected or removed, and the cost shall be assessed to such owner. (Ord. 200 §1, 1977)

12.10.120 Liability Of City--Owner To Properly Maintain Trees On His Property:

Nothing contained in section 12.10.110 of this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance, as defined in this chapter. (Ord. 200 §1, 1977)

12.10.130 Appeal From Decisions:

Any person aggrieved by any act of determination of the director in the exercise of the authority granted in this chapter shall have the right to a hearing before the commission which shall decide the matter, subject to the right of appeal to the city council, whose decision, after public hearing of such matter, shall be final and conclusive. (Ord. 200 §1, 1977)

12.10.140 Marring, Defacing, Etc., Trees On Private Property:

It shall be unlawful for any person to mar, deface, cut or in any manner injure or damage any tree growing on private property within the limits of the city without the consent of the owner thereof. (Ord. 200 §1, 1977)

12.10.150 Marring, Defacing, Etc., Trees On Public Property:

It shall be unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public street or on any public property in the city, nor shall any person place, apply, attach or keep attached to any such tree, or to the guard or stake intended for the protection thereof, any wire, rope (other than one used to support a young or broken tree), sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever, without having first obtained a written permit from the director. (Ord. 200 §1, 1977)

12.10.160 Tree Planting Requirements:

The planting of trees in subdivisions, as required by chapter 16.36 of this code, shall be administered under the provisions of this chapter. The subdivider or developer shall be charged fees sufficient to defray the actual cost of the city for time and material expended in such plantings. (Ord. 200 §1, 1977)

12.10.170 Penalty For Violations:

Any violation of any provision of this chapter, or the failure to comply with said provisions, shall be an infraction. (Ord. 200 §1, 1977)