Sections: 

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12.28.120 Prohibitions and penalties. 

12.28.130 Duty of utility to protect trees--Excavations. 

12.28.140 Duty to maintain and trim trees. 

12.28.170 Permits--General. 

12.28.180 Permits--City trees. 

12.28.200 Permits--Utilities. 

12.28.210 Removal of trees. 

12.28.220 Appeals to the city council. 

12.28.230 Removal of stumps. 

12.28.240 Tree removal businesses--Insurance and bond requirements. 

12.28.120 Prohibitions and penalties. 

1. Violations of chapter. It shall be unlawful and a public nuisance for any person to plant, remove, prune, injure or destroy any street tree except in conformance with the provisions of this chapter.
2. Interference with Work or Enforcement.
   
   
   1. No person shall interfere with or cause any person to interfere with any work being done under the provisions of this chapter by the director or any employee of the city, or by any person or firm doing work on a contract basis for the city or under a permit granted by the city, nor interfere with or cause any person to interfere with or delay the authorized representatives of the city from the execution and enforcement of this chapter, except as provided by law.
   2. No person shall interfere with or cause anyone to interfere with or damage any overhead wires or underground pipes or conduits while removing, trimming or cutting any street trees. The owner of such facilities shall be notified when such work may interfere with or cause damage to the facilities. The cost of repair of the damage to overhead wires, underground pipes or conduits shall be the responsibility of the person, firm or corporation doing or causing the work to be done. The city and its officers and employees shall be exempt from the provisions of this subsection.
      
      
3. Nonpermitted Plantings. No person shall plant or install in a parkway or public area:
   
   
   1. Any nonconforming tree;
   2. Any other plant the ultimate growing height of which is over eight inches;
   3. Any nonliving ground cover not included within the street management plan.

4. Damage to Street Trees.
   
   
   1. Unlawful to Damage Trees. It shall be unlawful for any person to cause damage to any street tree by any act or omission, whenever such act or omission is prohibited by or not authorized by this chapter. Willful injury to or disfigurement of any street tree shall be a violation of this chapter. Any person or persons who accidentally or willfully damage, disfigure or destroy any street tree shall be charged for all replacement or repair costs in an amount to be determined by the director upon the advice of the tree advisory board. The determination shall take into consideration such factors as age of tree, size, species, monetary value, etc., and shall also include all legal, administrative and other costs incurred by the city as a result of such violation.
   2. Unlawful Damage. Unlawful damage includes injuring, defacing, breaking, abusing, killing or destroying by any means any street tree including, but not limited to, the following:
      
      
   1. Constructing a sidewalk or driveway or otherwise filling up the ground in the vicinity of any street tree so as to shut off air and water from its roots;
   2. Piling building materials, equipment, or other substance around any street tree;
   3. Pouring or applying any gaseous, liquid or solid deleterious matter or substance on any street tree or on the ground near any street tree;
   4. Posting any sign, poster, notice, leaflet, handbill or other printed material or object on, or fastening any guy wire, cable, rope, nails, screws or other device to, any street tree, tree stake or guard;
   5. Causing or encouraging any fire or burning near or around any street tree;
   6. Using any mechanical weeding device against a street tree;
   7. Constructing retaining walls, fences, or other similar improvements which prohibit the planting or maintaining of street trees or otherwise affect their growth;
   8. Operating construction equipment in such a manner to cause it to make contact with a street tree;
   9. Disrupting the anchorage of, or changing the grade around, any street tree.
      
      
5. Nesting Season. No street tree shall be removed, trimmed, pruned or sprayed within the city during the period of March 15^th to July 15^th of any year, when wild birds are nesting and raising their young, unless:
   
   
   1. In the opinion of the director, removal of a tree is essential to the protection of human life and/or property; or
   2. It can be certified by the director that no wild birds are nesting in the subject tree.

1. Duty to Prevent Damage. It shall be the duty of any person owning or operating any utilities within any public street (including but not limited to water, sewer, gas, telephone and cable television services) to maintain such utilities in a manner to prevent damage to street trees.
2. Roots. Any person excavating, trenching or otherwise engaged in subsurface works within any public street shall not cut any root exceeding three inches in diameter unless specifically authorized to do so by the director. In addition to the penalties otherwise prescribed by this chapter for violation of the terms thereof, any person who, without authorization, cuts a street tree root in excess of three inches in diameter shall be liable for the cost of removal and replacement of said tree or the costs of remedial pruning should such be necessary in the sole and exclusive determination of the director.
3. Emergency. In an emergency when a street tree is interfering with and interrupting service, a public utility company providing gas, water, sewer, electricity, telephone, telegraph or cable television service within the city may, without first obtaining a permit, trim or remove branches of trees to the extent necessary to restore service.
4. Prevention of Utilities Not Intended. This section shall not prevent any person, firm or public utility from installing and maintaining any overhead wires or underground pipes or conduits lawfully on, over or under public streets, subject to other provisions of this code as may apply. The director, when maintenance or removal of street trees, shall consider the effect upon existing overhead wires or underground pipes or conduits in order to avoid any unnecessary disturbance of or relocation of such facilities, in accordance with the street tree management plan.

1. Property Owners Responsible. With the exception of pruning and trimming, property owners are responsible for the proper maintenance of parkways abutting their property. Such maintenance shall include irrigation, keeping the parkways free from weeds or other obstructions inimical to public safety and/or contrary to the street tree management plan, and otherwise maintaining such areas in a neat, clean orderly manner. The placing of tarpaper, plastic or other material over the ground, or the use of materials or chemicals intended to permanently sterilize the soil in these area, is prohibited.
2. Duty to Trim Trees. Notwithstanding other provisions of this chapter, it is made the duty of every person owning or occupying any land or lots of land within the city to keep all private trees which extend over any public street trimmed up to height of not less than fourteen feet, except that a height of not less than eight feet shall be permitted over a sidewalk area, and also to keep the parkway free of debris.
3. Director May Remove Limbs. The director may remove overhead limbs from any tree or shrub, regardless of its location, if in his opinion such removals are necessary in the interest of public safety and the limb constitutes a nuisance.
4. Request that Maintenance Work be Privately Undertaken. Upon approval by the director, any person requesting such street tree service as trimming, pruning, root pruning or spraying, but desiring to have it undertaken sooner than the city is able to schedule work, may obtain a permit to undertake it privately or by agreement with a qualified, licensed contractor proficient in arboriculture if, in the determination of the director:
   
   
   1. There is sufficient assurance that such work will be properly undertaken and, except in cases of removal, will not irrevocably damage the street tree.
   2. There is sufficient assurance public safety will not be impaired. To this end the director may require a public liability and property damage insurance policy, permit and processing fee.

1. Director Shall Supervise. The director shall supervise all work done under a permit issued in accordance with the provisions of this chapter.
2. Permit Revocation. Any work undertaken by the permittee or his agent may be stopped immediately and the permittee’s permit may be revoked by presentation of a written order of revocation by the director when, in his opinion, the program of work or conditions outlined in the permit are not being complied with.
3. One Permit. If a person obtains a building permit or other permit from the city and street work is required or authorized under that permit, the person need not obtain a separate street tree permit. Under the general supervision of the director, the appropriate department shall supervise street work done under a permit issued by that department.
4. Posting and Hearing. The posting and public hearing requirements provided for in this chapter shall apply to all applications for tree removal permits.
5. Bond. If, in the judgment of the director, the nature, extent and/or benefit to the public health and safety of any proposed work is considered significant, as a condition of the issuance of any permit the posting of a bond pursuant to Chapter 2.17 of this code may be required guaranteeing the completion of such work to the satisfaction of the director.

1. Permit Required for Planting, Removing, or Performing Certain Maintenance on Any Tree in a Public Street. Whenever a property owner desires to plant, prune, trim, root prune, remove or do anything else to any tree planted in a parkway or public area, an application shall be filed with the director for a permit to take such actions. If the director finds that such action is to the advantage of a tree, or removal is imperative due to safety considerations, and upon the approval of the tree advisory board, a permit may be issued, but only for such work that will not create, continue or aggravate any hazardous condition or public nuisance, will not prevent or interfere with the growth, location or planting of approved street trees, and is consistent with the street tree management plan.

The director may waive the permit requirement for minor trimming or pruning activities, such as the removal of palm fronds. If a permit is denied, within five days of board action a written denial shall be given the applicant setting forth the reasons therefor and a copy of such denial shall be delivered to the tree advisory board. Such decision shall be made within forty days after the application is filed, and may be appealed to the city council, the decision of which would be final. 
2. Costs Borne by Permittee. All costs incurred by a property owner for maintaining or removing a street tree as permitted by the director shall be borne by the permittee. Whenever a tree is removed under permit, the director, upon the advice of the tree advisory board, may require a replacement tree of a designated kind and size to be planted, and all costs related to the replacement tree shall be borne by the permittee. For reasons of expediency in certain circumstances, the director may require an equivalent in-lieu fee for this purpose. Whenever any tree is planted in conflict with the provisions of this chapter, it shall be lawful for the director to remove or cause removal of the same, the cost of which may be charged to the property owner responsible for the planting thereof in accordance with Section 12.28.120F.
3. Criteria. The determination for city tree removal permits shall be based on the criteria outlined in Section 12.28.210 of this chapter.

Any person doing business as a public utility subject to the jurisdiction of the public utilities commission of the state and any constituted public agency authorized to provide and providing utility service, shall be given a permit by the director, valid for one year from the date of issuance, permitting such person to trim, prune, brace or perform other acts, except removal, with respect to trees growing on parkways or on public areas of the city as may be necessary to comply with the safety regulations of said commission and as may be necessary to maintain the safe operation of its business. Before any tree is removed, under the above provisions, a permit must be obtained from the city in accordance with, and subject to, the street management plan. 

12.28.210 Removal of trees. 

1. Criteria for Removal. Subject to the provisions of this chapter, the director shall be responsible for inspection, maintenance, removal and replacement of street trees, and may cause street trees to be removed by the city if they are deemed by the director to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements or other street trees. Acceptable reasons for any removal of a tree shall include a tree that is:
   
   
   1. Dead;
   2. Dying, decayed or hazardous, or so weakened by age, disease, storm, fire, excavation, removal of adjacent trees or any injury so as to cause imminent danger to persons or property;
   3. Diseased beyond reclamation, or the condition of which is a source of present danger to healthy trees in the immediate vicinity, providing that a certificate attesting to such fact has been filed with the city clerk by a state-licensed pest control advisor, or state-licensed contractor with a proficiency in arboriculture, authorized to do business within the city;
   4. Obstructing curb, gutter or sidewalk repair, or in the way of a new curb, gutter or sidewalk for which an exception to standard design is determined by the director to be inconsistent with established policies and standards for street tree planting and maintenance;
   5. In dangerous proximity to existing structures, or interfering with existing utilities;
   6. Constituting a hazard to property or persons using the adjoining streets;
   7. Because of its root system, causing excessive damage to curbs, gutters, sidewalks or driveways;
   8. Obstructing proposed improvement so as to restrict economic enjoyment of the adjacent property, including the construction or safe use of a driveway or parking space for which a permit has been issued, unless such tree has been designated as an historic or specimen tree;
   9. Crowded by other trees, and good horticultural practices dictate removal of some of them;
   10. Otherwise healthy, but the removal of which is considered desirable because it is a proven nuisance species and/or in order to achieve a properly staged tree replacement schedule which enables several generations of trees to exist simultaneously.
       
       
2. Removal of Street Trees.
   
   
   1. Except in instances of immediate public danger, removal of street trees in public rights-of-way and easements will take place in the fall of each year.
   2. Whenever any street tree is determined by the director to require removal, legal public notice shall be published in the newspaper thirty days prior to the posting of the tree. It shall thereafter be posted with a conspicuous notice indicating the intent to remove the tree and providing ten additional days within which written protests may be filed with the city clerk. A public hearing shall be held thereafter before the tree advisory board, which shall make a decision on the tree’s removal. The board’s decision may be appealed to the city council, the decision of which would be final.
   3. Written requests from adjacent property owners for removal of street trees may be submitted throughout the year, but trees so requested for removal will all be legally noticed and posted as provided by this section at approximately the same time in accordance with the regular annual removal schedule. The director shall evaluate each requested removal and recommend to the tree advisory board removal or whatever other remedial action such as pruning, root pruning, concrete or asphalt repairs should be considered. It shall be determined whether or not such tree is required to be retained in order to preserve the intent and purpose of the street tree management plan, and take into consideration its condition, age, desirability of species (whether or not a conforming tree), location, and the extent of any inconvenience or hardship which the retention of the tree would cause the property owner. If the tree poses no threat to public safety, public or private property (including aboveground or underground utilities) or if removal is not required to allow the construction of public or private improvements, or if the potential or continued damage to curbs, gutters, sidewalks or driveways may be mitigated by pruning, root pruning, irrigation, feeding or other maintenance procedures, the city shall not remove nor permit removal of the tree. Following the noticing and posting period, a public hearing shall be held before the tree advisory board, which shall make a decision on the tree’s removal. Its decision may be appealed to the city council, the decision of which shall be final.
   4. In the event that the recommended removal of a nonconforming street tree is protested by the adjacent property owner, but the director has determined that preservation of the tree no longer justifies continued public expense for repair of the damage it is causing, the city may enter into an agreement transferring the responsibility for future repairs and maintenance and the costs thereof to the adjacent property owner. In the event of the failure by the adjacent property owner to carry out any of his obligations under such an agreement, it shall become void and cause for removal by the city of the nonconforming tree.
   5. a. Considerations. The following considerations shall be taken into account in acting upon a tree removal request made pursuant to this chapter.
      
      
      1. Whether such tree is designated as an historic, specimen or otherwise protected tree;
      2. The size of the building site in relation to the size of the proposed or existing improvements;
      3. The number and size of other trees which would remain upon the building site after the requested removal;
      4. The number and location of adjacent trees on city property and the possibility of maintaining desirable tree density in the area through additional planting on city property;
      5. Any beneficial effects upon adjacent trees to be expected from the proposed removal;
      6. Whether the tree sought to be removed was planted by or with the permission of the applicant at the time such tree was planted.
         
         
3. Findings. As a prerequisite to granting a tree removal request, the board may impose conditions and shall make one or more of the following findings:
   
   
   1. That the principles of good urban forest management will best be served by the proposed removal;
   2. That a reasonable and practical development of the property on which the tree is located requires removal of the tree or trees the removal of which is sought;
   3. That the character of the immediate neighborhood with respect to forestation will not be materially affected by the proposed removal;
   4. That regard for the safety of persons or property dictates the removal.
      
      
4. Removal of Private Trees or Other Plants.
   
   
   1. The director may inspect any tree, or other plant on private property in the city to determine whether the same or any portion thereof is in such a condition as to constitute a public nuisance and, in addition, for the purpose of abating or correcting any condition or thing declared to be a public nuisance under this chapter. The director shall have the authority to require property owners to remove or prune any private tree or other plant if it is determined by the director to be seriously interfering with the growth and health of any street tree.
   2. The following are declared public nuisances:
      
      
      1. Any private tree or other plant or part thereof growing on private property but overhanging the street or interfering with the use of any street which, in the opinion of the director, endangers the life, health, safety or property of the public, or which unduly interferes with or in any way endangers the usefulness of a public utility;
      2. The continued existence of any private tree or other plant that is dead, diseased or infested or infected with insects, any other disease organisms or growths which constitute a threat or may be injurious to trees or other plants in the surrounding area;
      3. Any private tree or other plant which interferes with required minimum sight visibility between a public street and its intersection with another public street as provided for in the street tree management plan;
      4. Any branches or foliage of private trees which interfere with visibility on, free use of, or access to, any portion of any street improved for vehicular and pedestrian travel, or which interfere with the visibility of any traffic-control device or sign;
      5. Any private tree or plant which interferes with, impairs or destroys any street improvement, sidewalk, curb, gutter, sewer, street trees or other public improvements;
      6. Vines or climbing plants growing on private property which encroach on or over any street tree or any public hydrant, pole or electrolier;
      7. Hedges or dense thorny shrubs and plants growing on private property which encroach onto any public street or public area or part thereof.

Except in the case of an historic, specimen or otherwise protected tree, failure of the tree advisory board to act upon an application within ninety days after it is filed shall be deemed approval thereof. Unless an appeal is filed by the applicant with the city clerk within ten days of the mailing of notice of board action, its action shall be final. An appeal of the action of the board shall be in writing and clearly state the reasons for which a hearing before the city council is requested. The city council may continue the hearing but shall vote within forty-five days of the filing of the appeal or the removal shall be deemed approved. The city council may impose conditions and shall, as a prerequisite to approval, make one or more of the findings set forth in Section 12.28.210C3d. In the absence of a majority vote for approval of a tree removal, the application is denied. 

12.28.230 Removal of stumps. 

When trees are removed, all stumps, including underground portions to a depth specified by the director in accordance with the street tree management plan, 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. 

12.28.240 Tree removal businesses -- Insurance and bond requirements. 

Any person, firm or corporation engaged in the business of removing city trees shall carry public liability and property damage insurance in an amount to be determined by the city council and policies or certificates thereof shall be filed with the city clerk. Where deemed advisable, the director may require the posting of a performance bond pursuant to Chapter 2.17 of this code to guarantee the completion of any job in accordance with adopted city standards, rules and regulations. Pursuant to state law, all tree contracting services must provide evidence of a state contractor’s license (either C-27 or C-61 subsection D-49.)

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