Chapter 12.16
STREET TREES
Sections:
12.16.020 Definitions and enforcement.
12.16.080 Abuse or mutilation.
12.16.100 Nuisance trees or shrubs.
12.16.110 Civil or criminal abatement proceedings.
12.16.010 Purpose.
Official tree, shrub and plant regulations for the city are adopted and established by this chapter to serve the public health, safety and general welfare. To that end, the purposes of this chapter are specifically declared to be as follows:
A. Improve general aesthetic values;
B. Reduce traffic noise;
C. Deflect glare and heat;
D. Lower wind velocity;
E. Purify air;
F. Provide cooling shade and beauty;
G. Provide for the proper selection of trees to minimize trouble in sewers, water mains and storm drains and to prevent displacement of streets, curbs, gutters and sidewalks;
H. Minimize interference with street and traffic lighting;
I. Minimize the spread of disease to healthy trees;
J. Minimize danger of falling trees and limbs onto streets, sidewalks, private property and people;
K. Minimize accumulation of leaves and debris which cause unnecessary labor in cleaning the sidewalks, streets and storm drains; and
L. Select trees of longevity and those suitable to the environment. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.020 Definitions and enforcement.
Whenever in this chapter the words or phrases hereinafter in this section defined are used, they shall have the respective meanings assigned to them in the following definitions:
A. “City” means the city of Palos Verdes Estates.
B. “Public works director” means the public works director of the city or the director’s authorized agent.
C. “Street” or “highway” includes all lands lying between the so-called property lines on either side of all public streets, roads, boulevards and alleys.
D. “Street trees” means trees or shrubs in public places along city streets, roads, boulevards and alleys.
E. “Trees and shrubs” includes all woody vegetation growing, planted or to be planted on any public place or area as of or after the effective date of the ordinance codified in this chapter.
F. “Parkway” means that portion of the public right-of-way other than the roadway or sidewalk.
G. “Public place or area” includes all those streets and highways within the city and all other properties owned by the city.
H. Restoration Fees. A “restoration fee” is that which would cover the costs of crown restoration over five to seven years.
I. Pruning Standards and Schedules. Pruning of city trees shall conform to the pruning standards set forth and adopted by the Western Chapter International Society of Arboriculture. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.030 Permits.
It is unlawful and it is prohibited for any person, firm, association, corporation or franchisee of the city to plant, move, remove, destroy, cut, trim, deface, injure or replace any tree or shrub in, upon or along any public street or other place of the city or to cause the same to be done without first obtaining a written permit from the public works director, issued in accordance with the procedures set forth in this chapter. The permit shall specifically describe the work to be done. It is unlawful to alter any tree or shrub which is not so specifically described. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 627 § 20, 2001; Ord. 557 § 2, 1993; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.040 Permit issuance.
The following permits to undertake work upon any tree or shrub in a public place or area shall be issued in accordance with the following procedures and standards.
A. The public works director shall issue such a permit when he or she determines the work to be undertaken consists solely of actions required pursuant to PVEMC 12.16.060 for the maintenance of a tree or shrub and the permit is sought by the owner or resident, or authorized representative thereof, of the property immediately adjacent to the public place or area in which the tree or shrub to be so maintained is located. Any such decision of the public works director shall be final.
B. Permits for work on a tree or shrub located in a public place or area may be issued to persons who do not own or reside on property immediately adjacent to that public place or area as follows:
1. The parklands committee shall consider and may approve, disapprove or approve with conditions an application to trim a street tree when such trimming consists solely of lacing the tree and removing selected limbs in such a manner as to open up views but to allow the tree to reach normal mature size for its species (“crown restructuring”).
2. The parklands committee shall consider and may approve, disapprove or approve with conditions an application to trim or remove any street tree in a manner other than crown restructuring. The decision shall be reported to the city council at a regular or special meeting. The city council may at such time take any of the following actions:
a. Accept the recommendation of the parklands committee; or
b. Set the application for consideration, in which case it shall thereafter conduct a de novo hearing in accordance with procedures established by law.
3. The decision of the city council shall be final. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 557 § 3, 1993)
12.16.050 Planting.
A. Species or Varieties of Street Trees. The parklands committee shall prepare a list of street trees which may be planted in each of the parkway areas of the city, which list shall be available to the public to aid in the choice of trees to be planted. This list may be modified as experience indicates the desirability of such modification. The original list and any modifications thereto shall be approved by the parklands committee.
B. Planting of Street Trees.
1. All planting should be in good horticultural practice as determined by the parklands committee.
2. All planting on unpaved streets without curb must have the special permission of the parklands committee, who shall determine the tree’s exact location so that it will not be injured or destroyed when the street is improved.
3. Spacing of trees shall be determined by the parklands committee according to local conditions and species to be used, and their mature height, spread and form.
4. The recommended size shall be designated as fifteen-gallon size (accepted trade sizing), and the minimum size acceptable shall be fifteen-gallon. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.060 Maintenance.
A. It is made the duty of all owners and persons having possession and control of real property within the city to cultivate and care for and provide complete maintenance of all shrubs, lawns and groundcovers planted or set out within any of the streets, avenues, highways and parkways adjacent to their real properties.
B. Owners and persons having possession or control of real property within the city are encouraged to promptly notify the public works director of any tree or shrub in a public area immediately adjacent to the person’s property which is in such condition as to be a menace to public safety or dangerous to life or property.
C. Trimming and Removal. Except as may be provided in PVEMC 12.16.100(D), the city will not remove a tree in the parkway adjoining any property unless such tree is dead or a hazard to the public or to street maintenance or other services of the city. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.070 Protection.
During the erection, repair, alteration or removal of any building, house, structure or street in the city, any person, firm, association, corporation or franchise in charge of such work shall protect any tree, shrub or plant in any street, park, boulevard or public place in the vicinity of such building or structure with sufficient guards or protectors as shall prevent injury to the tree, shrub or plant arising out of or by reason of the erection, repair, alteration or removal, and shall be held responsible if the public works director determines that this protection has not been provided. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.080 Abuse or mutilation.
It is unlawful for any person to:
A. Damage, cut, carve, etch, hew or engrave or injure the bark of any street tree;
B. Allow any gaseous, liquid or solid substance harmful to trees to come in contact with any part of any street tree;
C. Deposit, place, store or maintain upon any public area any stone, brick, concrete or other material which may impede the free passage of air, water and fertilizer to the roots of any tree or shrub growing therein, except by written permit of the public works director;
D. Damage, tear up or destroy any plantings, grass, flowers, shrubs or trees planted upon or in any public place or area in the city, except as may be authorized by the provisions of PVEMC 12.16.030; and
E. Paint, tack, paste, post or otherwise attach or place any advertisement, notice, card or announcement or any printed or written matter or any wire, board, platform or injurious material of any kind upon any tree or shrub situated in any public place or area in the city. Any person violating any of the provisions of this section shall be guilty of a misdemeanor. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 627 § 22, 2001; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.085 Restoration fees.
A. Any person responsible for the topping or illegal pruning of city trees shall be required to pay a restoration fee to the city. The fee shall be established by the public works director either (1) in an amount sufficient to permit the city to maintain the tree over whatever period is required to restore it to appropriate dimensions and undertake routine pruning and maintenance during such period, or (2) if the public works director is of the opinion that the tree cannot be fully restored within a reasonable time, the public works director shall fix the restoration fee at an amount sufficient to replace the tree with a like tree and maintain the like new tree until it is fully established.
B. The public works director shall notify, by first class mail or personal service, all persons who he or she determines are responsible for the damage to the tree of the amount he or she has fixed as a restoration fee. Any person aggrieved by the determination of the public works director may appeal the determination to the city council within fifteen days of receipt of the notice. The city council shall set the matter for hearing and give notice to the person who appeals of the time and place set for the hearing. Following the hearing, the city council shall make its determination. The city council’s determination shall be final. Any restoration fees not paid shall be a joint and several debt to the city of all persons given notice that they are responsible for the topping or illegal pruning of city trees.
C. The remedies in this section are in addition to any other remedy available to the city for violations of this chapter. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989)
12.16.090 Existing trees.
Those existing street trees with an approved planting plan may remain until by old age or other reasons they are removed by either city forces or with the approval of the city’s parklands committee. When any new street tree is planted it shall conform to the street tree planting guide referred to in PVEMC 12.16.050(A) and (B). (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.100 Nuisance trees or shrubs.
A. The council, pursuant to the power and authority vested in it to do so under the provisions of Cal. Str. & Hwy. Code §§ 22060 through 22062, may remove any tree or any part thereof which appears to be dead, is liable to fall, is dangerous or is an obstruction to public travel, whether or not the tree is on any private property and overhangs or projects into any street or is in any street, park, parkway or other public grounds of the city. Except in the case of manifest public danger and immediate necessity, no such tree shall be wholly cut down or removed unless ten days’ notice in writing is given to the owner, tenant, or occupant, or agent of the owner, tenant or occupant, of the land upon which the tree is situated. If the owner, tenant, occupant, or agent, within seven days after the giving of the notice, files with the board his objections in writing to the removal, the tree shall not be cut down or removed unless the board gives the owner, tenant, occupant, or agent a reasonable opportunity to be heard and shall thereafter approve in writing the removal of the tree.
B. Unapproved shrubs on public property which constitute a public nuisance shall be removed, replaced or trimmed at the expense of the adjacent property owner as ordered by the public works director upon the recommendation of the parklands committee and approval of the city council.
C. It shall be the duty of all owners and persons having possession and control of real property within the city to abate any public nuisances referred to in this section that occur on their real properties.
D. Trees existing on city property that have been planted without city council approval are subject to review by the parklands committee and may be removed by the city. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.110 Civil or criminal abatement proceedings.
Nothing in this chapter shall be deemed to prevent the council from ordering the commencement of a civil or criminal proceeding to abate a public nuisance or from pursuing any other means available to it under provisions of applicable ordinances or state law. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 491 § 1, 1989; Ord. 361 § 1, 1981)
12.16.120 Appeal.
Any decision of the parklands committee made pursuant to this chapter may be appealed to the city council. The applicant, or any other interested party, must file a written request for appeal with the city clerk on the prescribed form within fifteen days of the parklands committee decision. The city may charge a fee for such an appeal to be established by city council resolution. The city council shall hold a hearing on any such appeal for which the appellant shall receive at least three days’ prior notice. The city council may take whatever action in its discretion it shall deem appropriate on an appeal under this section. The action of the city council shall be final. (Ord. 701 § 2 (Exh. 1), 2012; Ord. 533 § 1, 1991)