Chapter 12.30
TREE MANAGEMENT

Sections:

12.30.010    Purpose.

12.30.020    Jurisdiction and administration.

12.30.030    Management program.

12.30.040    Performance evaluations.

12.30.050    Interfere with planting, maintenance, and removal unlawful.

12.30.060    Tree Committee.

12.30.070    Authority to promulgate rules.

12.30.080    Compliance.

12.30.090    Liability.

12.30.100    Penalty.

12.30.010 Purpose.

This chapter establishes policies, regulations, and standards relevant to the management of trees on City-owned public property and rights-of-way necessary to ensure that the City will continue to realize the benefit provided by its urban forest. The provisions of this chapter are enacted to accomplish:

A. The establishment and implementation of a tree management program to provide maintenance and preservation of existing public trees and an orderly program of tree planting for the future;

B. The creation of guidelines for locations for tree plantings, recommendations of tree species to be planted, establishment of maintenance guidelines, and the identification of trees to be removed, all in consultation with the Recreation and Parks Advisory Commission, Planning Commission, Recreation and Parks Department, Community and Economic Development Department (Planning Department) and Public Works Department;

C. The recognition by the Recreation and Parks Department, the Public Works Department, and the Planning Department of the interrelationship of their responsibility relative to trees located on City-owned public property and rights-of-way;

D. The recognition by the City of the Planning Commission’s and Recreation and Parks Advisory Commission’s mutual responsibility relative to the review of policies and regulations concerning trees on City-owned public property and rights-of-way;

E. Nothing in this chapter shall infringe, alter, or in any way change the responsibilities of the Planning Department concerning trees relative to planning for the urban design of the City, nor shall anything in this chapter infringe, alter, or in any way change the responsibilities of the Recreation and Parks Department relative to the management and maintenance of trees on park managed, City-owned public property and rights-of-way, nor shall anything in this chapter infringe, alter, or in any way change the responsibilities of the Public Works Department relative to the management and maintenance of trees on Public Works managed, City-owned rights-of-way;

F. The Planning Department as staff to the Planning Commission, the Public Works Department and the Recreation and Parks Department shall coordinate their efforts to insure that both Commissions and Departments are informed relative to issues concerning trees on City-owned public property and rights-of-way including tree plantings, tree management and tree maintenance; and no regulation or policy which affects trees on City-owned public property or rights-of-way shall be adopted by the City until first reviewed by both the Recreation and Parks Advisory Commission and Planning Commission. (Ord. 2767 § 3, 2019).

12.30.020 Jurisdiction and administration.

It shall be the responsibility of the Director of Recreation and Parks to supervise the planting, maintenance, and removal of all trees on all park managed streets, rights-of-way, and City-owned public property within the City limits of Mountlake Terrace. It shall be the responsibility of the Director of Public Works to supervise the planting, maintenance, and removal of all trees on all Public Works managed streets, rights-of-way, and City-owned public property within the city limits of Mountlake Terrace in accordance with the provisions of this chapter. (Ord. 2767 § 3, 2019).

12.30.030 Management program.

In consultation with the Recreation and Parks Advisory Commission, Planning Commission and Public Works Department, the Director of Recreation and Parks, or his/her designee, shall develop and implement a public tree policy consistent with other City regulations designed to provide an orderly program of tree management. Such program shall include all public property and rights-of-way including parks, public greenbelts and other City-owned property. Policies, procedures, standards, and specifications outlined in the public tree policy shall apply to the locating, planting, maintenance, and removal of all trees on public property in the City of Mountlake Terrace. The development of such a program shall include the following objectives:

A. The setting of standards for the planting, maintenance, protection, preservation, removal, and replacement of existing trees;

B. Planning and planting of trees for future benefit of the citizens of Mountlake Terrace;

C. Approval of all tree plantings, and removal of trees on City-owned property and rights-of-way; and

D. In the short term, no net loss of forest canopy cover on City-owned public lands and rights-of-way; in the long term, measurable gain. (Ord. 2767 § 3, 2019).

12.30.040 Performance evaluations.

The Recreation and Parks Director or his/her designee shall collect and maintain all records and data necessary to objectively evaluate whether progress is being made toward the intent, purpose and objectives of this chapter. The Director shall prepare an annual report. The Tree Committee shall consider the report recommendations and take all necessary action to accomplish the goals and objectives of this chapter. (Ord. 2767 § 3, 2019).

12.30.050 Interfere with planting, maintenance, and removal unlawful.

No person, firm, or corporation shall interfere with the Recreation and Parks Director, the Public Works Director, or persons acting under their authority while engaged in the planting, maintenance, removal or replacement of any tree, shrub, or plant in any street, park, public rights-of-way or easement, or other public place within the City limits of Mountlake Terrace. (Ord. 2767 § 3, 2019).

12.30.060 Tree Committee.

The “Tree Committee” is hereby authorized. The primary responsibility of the Tree Committee shall be to review and implement the public tree policy. On issues concerning the revision or establishment of standards or regulations concerning the City’s urban forest, the Tree Committee shall provide its recommendations to the City’s Planning Commission since these issues may affect the City’s Comprehensive Plan, Zoning Code, Subdivision Code, and other land use regulations. The members of the Recreation and Parks Advisory Commission shall serve as the members of the Tree Committee. (Ord. 2767 § 3, 2019).

12.30.070 Authority to promulgate rules.

In conjunction with the Director of Planning and Community and Economic Development and Public Works, the Recreation and Parks Director is authorized to promulgate rules, regulations, and policies including the public tree policy to administer and implement the provisions of this chapter. (Ord. 2767 § 3, 2019).

12.30.080 Compliance.

This chapter and all rules, regulations and policies adopted pursuant hereto shall be implemented in accordance with all appropriate state and federal laws and regulations. (Ord. 2767 § 3, 2019).

12.30.090 Liability.

Nothing contained in this chapter or in any related rule, regulation or policy (including the public tree policy) shall be deemed to impose any liability upon the City, its officers, employees, or agents. Further, nothing contained in this chapter shall relieve any owner of property from the duty to keep any tree, shrub, plant or vegetation on his/her property or under his/her control including street tree areas in such condition as to prevent a hazard, nuisance or an impediment to travel. (Ord. 2767 § 3, 2019).

12.30.100 Penalty.

Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter shall be guilty of a misdemeanor punishable by a fine not to exceed $1,000. It shall be a separate offense for each and every day or portion thereof during which any violation of any provisions of this chapter or any of the rules, regulations, policies, or plans adopted pursuant to this chapter is committed.

A. Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter shall be liable for all damages to property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation or to such other conditions acceptable to the City.

B. Notwithstanding the other provisions provided in this section, anything done contrary to the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter or the failure to comply with the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter shall be and the same is declared to be a public nuisance.

C. The City is authorized to apply to any court of competent jurisdiction for and such court, upon hearing and for cause shown, may grant a preliminary, temporary or permanent injunction restraining any person, firm, corporation, or association or any agent from violating any of the provisions of this chapter or any of the rules, regulations, policies (including the public tree policy) or plans adopted pursuant to this chapter and compelling compliance with the provisions thereof and the violators shall pay all City costs of seeking such injunction in the event the City is successful in obtaining the injunction.

D. Penalty and enforcement provisions provided in this section are not exclusive, and the City may pursue any remedy or relief it deems appropriate. (Ord. 2767 § 3, 2019).