Chapter 4.36
STREET TREES
Sections:
4.36.040 Definitions.
4.36.160 Street tree varieties to be planted.
4.36.200 Spacing, setbacks, distances, and variety.
4.36.300 Street tree permits.
4.36.360 Public tree care – City.
4.36.380 Public tree care – Private.
4.36.400 Tree topping.
4.36.440 Pruning, corner clearance.
4.36.480 Dead, diseased or hazardous tree removal on private property.
4.36.520 Damage to city-owned property.
4.36.560 Removal of stumps.
4.36.600 Interference with city.
4.36.680 City liability.
4.36.720 Appeal.
4.36.760 Penalty.
4.36.040 Definitions.
“Columnar tree” is defined as any tree growing in a symmetrical, pillar-like form with a spread at maturity equal to approximately half the height of the tree.
“Large tree” is defined as any mature tree which would reach a maximum height of more than 40 feet with a maximum spread of over 35 feet.
“Major pruning” is defined as the cutting back of limbs larger than one and one-half inches in diameter or trimming of one-third or more of the tree's canopy on street trees.
“Medium tree” is defined as any mature tree which would reach a maximum height of 40 feet with a maximum spread of 35 feet.
“Park trees” is defined as trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city or to which the public has free access as a park.
“Small tree” is defined as any mature tree which would reach a maximum height of 25 feet with a maximum spread of 25 feet.
“Street trees” is defined as trees, shrubs, bushes, and all other woody vegetation on public rights-of-way within the city.
“Topping” is defined as the severe cutting back of limbs within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree.
“Tree owner” is defined as the owner of the real property upon which 51 percent or more of the trunk is located at ground level. [Ord. 3917 § 1, 1994; Ord. 3509 § 2, 1985; Ord. 3490 § 1, 1985; Ord. 3415 § 1, 1983; Ord. 3168 § 1, 1978.]
4.36.160 Street tree varieties to be planted.
No varieties other than those approved by the city arborist may be planted as street trees. The varieties shall be divided into three classes: small, medium, and large. This chapter shall not prohibit the planting of street trees by adjacent property owners; providing, that the selection and location of the trees is in accordance with this chapter. [Ord. 4386, 2004; Ord. 3168 § 4, 1978.]
4.36.200 Spacing, setbacks, distances, and variety.
The spacing, setbacks, distances, and variety of any street tree shall be determined and administered by the city arborist. Consideration shall be given to the definitions of small, medium, large, and columnar trees.
Consideration shall also be given to location of the tree(s) in relation to streets, sidewalks, curbs, gutters, overhead utility wires, fire hydrants, water and sewer lines, and other public improvements. No street tree shall be located in the public right-of-way that would damage any of the improvements listed herein.
Any person, firm, or corporation wishing to appeal the determination of the city arborist of the spacing, setbacks, and/or distances of street trees may do so in writing to the city council for approval, denial or modification of the city arborist's determination. Any such appeal shall be filed in writing with the city clerk within 10 working days of the city arborist's determination. [Ord. 4386, 2004; Ord. 3490 § 2, 1985; Ord. 3168 § 5, 1978.]
4.36.300 Street tree permits.
Application for a street tree permit shall be required and shall be obtained from the public works department for any planting, removal, topping, and/or major pruning of street trees. Work performed pursuant to such permit shall be performed in a manner consistent with the permit and with any arboricultural standards and specifications adopted by the public works department and this chapter. City departments shall be required to obtain only one permit for the calendar year to cover any street tree topping and/or major pruning work during that calendar year. Any contractor authorized by the city to perform street tree pruning and/or topping work under a bid call or public works construction project shall obtain only one permit for work to be performed under said bid call or public works construction project. A separate street tree permit for each street tree to be planted or removed shall be required for all city departments and for all city contracted services to keep the street tree inventory current. [Ord. 3855 § 1, 1993; Ord. 3509 § 1, 1985.]
4.36.360 Public tree care – City.
The city shall have the right, but not the obligation, to plant, prune, maintain and remove such trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. It shall be unlawful for any city department to cause to be removed any street or park tree without the written approval of the city manager or his designee. Any city department so causing removal of a street or park tree equal to or greater in size than a replacement tree shall plant a replacement tree that is of equal size to the tree that is being replaced or a tree with a two- to a two-and-one-half-inch base diameter for shade trees or an equivalent sized tree for flowering ornamentals, whichever is smaller. This replacement tree shall be planted within 12 months following the date of written approval of such removal. Before the city removes any such tree under this section, 15 days' notice shall be given by mail to the owner of the abutting property, as shown on the rolls of the county treasurer and directed to the address thereon shown.
The city may remove or order to be removed any publicly owned tree or part thereof which is in an unsafe condition or is injurious to sewers, electric power lines, gas lines, water lines, sidewalks or other public improvements, or is affected with any injurious fungus, insect or other pest. Upon such removal, the city shall pay into the tree replacement fund the cost of a replacement tree of an equivalent value having a two- to two-and-one-half-inch base diameter. [Ord. 3415 § 2, 1983; Ord. 3316 § 1, 1981; Ord. 3168 § 9, 1978.]
4.36.380 Public tree care – Private.
A. It shall be unlawful for any person, firm or corporation to cause to be removed any street or park tree without the written approval of the city council. Any person, firm or corporation wishing to remove a street or park tree shall first submit an application to the city arborist requesting permission to remove said tree.
1. A written application for removal of a street or park tree shall specify and demonstrate the following:
a. That said tree or trees for which removal is requested has an adverse economic impact upon the private property; or
b. Said tree or trees present a practical difficulty, other than such adverse economic impact, creating substantial hardship for the affected property owner.
B. After review of said application, the city arborist shall send his or her recommendation to the city council.
C. The city council may approve the request for tree removal by resolution with the specific findings relative to the questions of economic hardship or other practical difficulties creating substantial hardship.
D. Any person, firm or corporation which receives permission to remove a street or park tree equal to or greater in size than a replacement tree shall cause to be properly planted a replacement tree that is equal in size to the tree that is being replaced or a tree of one-and-one-half to two-inch base diameter for shade trees or an equivalent size tree for flowering ornamentals, whichever is smaller, or pay into the city's tree fund a sum equal to the cost of said replacement tree. A replacement tree shall be planted or payment made into the tree fund within 12 months from the date of written approval of such removal. [Ord. 4386, 2004; Ord. 3415 § 3, 1983.]
4.36.400 Tree topping.
It is unlawful for any person or city department to top any street tree, park tree or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this chapter at the determination of the city manager. [Ord. 3168 § 10, 1978.]
4.36.440 Pruning, corner clearance.
Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the driver's view of a street intersection, or the visibility of any traffic-control device or sign, or is hazardous to underground or overhead utility lines or encroaches on sidewalk or pedestrian rights-of-way. [Ord. 3168 § 11, 1978.]
4.36.480 Dead, diseased or hazardous tree removal on private property.
The city shall have the right to order the removal of any dead, diseased or hazardous trees on private property within the city, when such trees constitute a hazard to public health and safety on public property, or harbor insects or disease which constitute a potential threat to other trees within the city. The city shall notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal to the owner or file a lien on the property. In the event that a dangerous or diseased tree poses an immediate threat to the public health and safety, the city manager is authorized to provide for the immediate removal of the tree at the city's expense. [Ord. 3168 § 12, 1978.]
4.36.520 Damage to city-owned property.
Damage to city-owned property shall be the tree owner's responsibility. [Ord. 3168 § 13, 1978.]
4.36.560 Removal of stumps.
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground. [Ord. 3168 § 14, 1978.]
4.36.600 Interference with city.
It is unlawful for any person to prevent, delay or interfere with the city or any of its agents while engaging in and about the planting, cultivating, mulching, pruning, spraying or removing any street trees, park trees or trees on private grounds, as authorized in this chapter. [Ord. 3168 § 15, 1978.]
4.36.680 City liability.
The city's right to trim, prune or remove privately owned trees under this chapter shall not be interpreted as an obligation upon the city, and the city's failure to act shall not constitute a basis for any claim of liability against the city. [Ord. 3168 § 17, 1978.]
4.36.720 Appeal.
In the event that a private tree owner is notified to remove a tree under this chapter, such owner shall have the right to appeal the notice by filing a written request with the city clerk within 10 days of the date the notice is received. The city clerk shall present the appeal to the city council at the first regular meeting after the appeal is filed and the city council may affirm or modify the order. [Ord. 3168 § 18, 1978.]
4.36.760 Penalty.
Any violation of any provisions of this chapter shall be a civil infraction, as contemplated by Chapter 7.80 RCW, and deemed to be a Class 1 civil infraction under RCW 7.80.120(1)(a). The maximum penalty and the default amount for a Class 1 civil infraction is $250.00, plus statutory assessments. A violator may also be required to pay restitution, as is contemplated by RCW 7.80.120(4). [Ord. 3961 § 1, 1994; Ord. 3855 § 2, 1993; Ord. 3415 § 4, 1983.]