Chapter 12.35
TREES AND SHRUBS
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Sections:
12.35.010 Planting in public places – Powers and duties of Parks and Recreation Commission generally.
12.35.020 Alteration or removal – Permit required.
12.35.030 Attaching wires, signs, posters, etc., prohibited.
12.35.040 Trees or shrubs on private property becoming hazardous or injurious to public ways – Notice to abate – Generally.
12.35.050 Failure to comply – Abatement by City.
12.35.010 Planting in public places – Powers and duties of Parks and Recreation Commission generally.
No tree or shrub shall be planted in the streets or public places of the City except under the rules and regulations of the Parks and Recreation Commission of the City, which is hereby authorized and empowered, subject to the approval of the City Council, to regulate the kind and variety of such trees, plants or shrubs to be located on streets and in public places as in the judgment of such Commission may be deemed suitable and proper. (Ord. 931 § 1. Formerly § 30-1).
12.35.020 Alteration or removal – Permit required.
No tree, plant or shrub planted or growing in the streets or public places of the City shall be altered or removed without obtaining a written permit from the superintendent of streets. No person without such authorization shall trench around or alongside of any such tree, plant or shrub with the intent of cutting the roots thereof or otherwise damaging the same. (Ord. 931 § 2; Ord. 1140 § 7, 4-19-68. Formerly § 30-2).
Stat. Ref.: Injury to trees and shrubs, C.C. § 3346; C.C.P. §§ 733 and 734; Pen. C. §§ 600 and 622; Sts. & H.C.A. § 730.5.
12.35.030 Attaching wires, signs, posters, etc., prohibited.
No person shall attach or place any rope, wire, sign, poster or other thing on any tree, plant or shrub planted or growing on any public place or on any street in the City. This section shall not be construed to prevent the roping, wiring or other guarding of any such tree, plant or shrub where the same may be necessary and proper to the growth and care of such tree, plant or shrub. (Ord. 931 § 3. Formerly § 30-3).
12.35.040 Trees or shrubs on private property becoming hazardous or injurious to public ways – Notice to abate – Generally.
Whenever any tree, plant or shrub in any street or public place within the city shall become hazardous to the public or injurious to any street, alley, pavement or sidewalk or any other public place in the City, the superintendent of streets shall cause to be served upon the owner, tenant or occupant of the property abutting upon a portion of the street and side thereof and upon which such tree, plant or shrub is growing, the written notice directing such owner, tenant or occupant within ten days from the date of the service of such notice upon him, under the direction and to the satisfaction of the superintendent of streets or his/her duly authorized agent or representative, either to remove such tree, plant or shrub or put it into such condition that it shall cease to be hazardous or injurious to such street, alley or sidewalk or other public place. (Ord. 931 § 4; Ord. 1140 § 7, 4-19-66. Formerly § 30-4).
12.35.050 Failure to comply – Abatement by City.
If any tenant, owner or occupant mentioned in SCCC 12.35.040 shall fail, refuse or neglect to comply with the notice served in compliance with such section, upon recommendation and report of the superintendent to the City Council, the City Council may cause the same to be done and the costs and expenses incurred therefor shall be paid by such owner, tenant or occupant and shall become a lien upon such property and may be collected in the same manner as City taxes upon real property are collected. Nothing in this section shall be deemed to prevent the City from adopting, by resolution, a plan or project for the care or removal of trees at City expense. (Ord. 931. Formerly § 30-5).