This chapter establishes regulations and standards to promote the benefits of a healthy urban forest. The intent of this chapter is as follows:

A. Establish and maintain to the greatest possible extent a maximum amount of street tree coverage along all public rights-of-way,

B. Maintain city street trees in a healthy condition through good arboricultural practices;

C. Promote appropriate diversity in city street tree species and age classifications to perpetuate a sustainable urban forest; and

D. Preserve and protect city street trees from the rigors and adverse conditions of the urban environment. (Ord. 5385 § 6, 2004)

For the purposes of this chapter, the following words shall have the meanings ascribed to them unless otherwise noted:

A. "City street tree" means any tree where the centerline of the trunk of same lies within the public right-of-way.

B. "City street tree management plan" means a plan developed and implemented by the city which sets forth city policies, procedures, standards and other relevant guidelines regarding the selection, planting, maintenance and removal of all city street trees, and establishes general preservation and planned management objectives to promote and perpetuate a sustainable urban forest.

C. "Designated street tree list" means a master list of specific city street tree species which have been designated by the director of public works, for each city street, or portion thereof, as the preferred species of tree to be planted and maintained within said street.

D. "Director" means the director of public works or the director's authorized designee or agent.

E. "Dripline" means the ground area at the outside edge of the tree branches or canopy.

F. "Hardscape" means any permanent structure or street improvement made of concrete, asphalt, brick or other such material, located in areas including, but not limited to, sidewalks, curbs, gutters, driveways, driveway aprons and streets.

G. "Maintain" or "maintenance" means activities such as but not limited to root pruning, trimming, thinning, spraying, watering, fertilizing, mulching, treating for disease or injury, or any other similar act which promotes growth, health, beauty and life of a tree.

H. "Parkway" has the same meaning ascribed to the term "parkway" in section 12.04.005 of this code.

I. "Professionally accepted standards" means those standards established by the International Society of Arboriculture, National Arborists Association or American National Standards Institute, and as such other standards as may be subsequently amended, which standards are for the care, maintenance, preservation, protection, removal and planting of trees.

J. "Pruning" also known as "trimming" or "thinning" means the reduction of the density of a tree using professionally accepted standards to control the structure and spread of a tree, lessen wind resistance, preserve its health and natural appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within the branches, or making adjustments which will increase its longevity in an urban environment.

K. "Right-of-way" means a strip of land acquired for use by the public for the right of passage and maintenance of improvements including but not limited to public streets, sidewalks and parkways.

L. "Topping" also known as "heading back" "stubbing" or "pollarding" means a severe type of trimming which results in the cutting back of large diameter branches to stubs. Such severe practices produce undesirable results than more moderate pruning with respect to a tree's natural form and which is generally hazardous to the overall health and stability of a tree.

M. "Tree" means a woody perennial plant usually having a single elongate main stem generally with few or no branches on its lower part and which attains a minimum height of 18 feet.

N. "Urban forest" or "urban forestry" means the management of all of the city's trees, plants and shrubs emphasizing practices of proven, professional and planned management standards for the benefit of the entire community. (Ord. 5385 § 7, 2004)

A. The director shall have charge of, direct and supervise the planting, removal, trimming, pruning, cutting and maintenance of city street trees—and shall have charge of all work incidental thereto, and shall have the authority to grant, suspend, revoke or deny all permits for the replacement, removal, planting, cutting, pruning or trimming of city street trees.

B. The director is further authorized to do the following:

1. Determine the variety, size and spacing of city street trees that may be planted in any public right-of-way or any portion thereof.

2. Determine the needs of the city in connection with its urban forestry program.

3. Have charge of, direct and supervise the planting, removal, trimming, pruning, root pruning, cutting and maintenance of all city street trees and all work incidental thereto;

4. Establish and revise a city street tree management plan and a designated street tree list;

5. Review all landscaping, construction or development plans as said plans may affect city street trees;

6. Have charge of enforcing and carrying out the regulations prescribed in this chapter.

7. Prepare and keep records, maps or plans showing the species of city street trees under the director's supervision. (Ord. 5385 § 8, 2004: prior code § 26-90)

It shall be the duty of the director to cause to be inspected all city street trees and, upon discovering that any such trees are infected with a disease or infested with scale, plant or animal life or growth, or any insect detrimental to the growth, health or life of such trees, shall remove, eradicate or destroy such condition. If any such trees are so infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed, the director may cause the removal and destruction of any such trees, if in the director's judgment it shall seem best. (Ord. 5385 § 9, 2004: prior code § 26-91)

A. Owners, occupants or any persons having control of private property upon which one or more city street trees reside, shall provide adequate water to all said city street trees.

B. It is unlawful for any person to do or cause to do the following acts:

(1) Cut, damage, carve, transplant, prune, root prune or remove any city street tree, except as permitted by permit issued pursuant to this chapter. Tree topping, heading back, stubbing and pollarding of city street trees is strictly prohibited.

(2) Attach or keep attached to any city street tree or to any guard or stakes intended for the protection thereof, any rope, wire, nails, tacks, staples, advertising posters or any other device or artificial arrangement.

(3) Cause or allow:

(a) any substances harmful to trees to lie, leak, pour, flow or drip upon or into the soil within the dripline of any city street tree;

(b) fire or heat to be set to any city street tree so as to injure any portion of said tree;

(c) the operation of any equipment, such as mechanical weeding devices, in such a manner as to cause damage to a city street tree;

(d) the injury to any city street tree neglecting to provide the necessary amount of water, as determined by the director, for said tree's continued good health and viability.

(e) without written permission of the director, apply or maintain any paving or storage of any materials in such a manner as to damage or interfere with the root system of any city street tree.

(f) Pile building material or other material about any city street tree in any manner that will in any way injure such tree.

D. As a condition of any permit for construction, repair, alteration, relocation or removal of any building, structure or any other type of construction, a permittee shall provide such sufficient safeguards and protections as determined by the director, so as to prevent injury to any affected city street trees. (Ord. 5385 § 10, 2004: prior code § 26-92)

No city street tree shall be planted other than the species designated by the director for the particular street, or portion of a street in accordance with the designated city street tree list and the conditions as may be set forth in a city street tree management plan. No city street tree shall be planted, except by the city, unless the director issues a permit as provided in this chapter. (Ord. 5385 § 12, 2004: prior code § 26-94)

When required pursuant to Section 16.36.030F, and as that section may subsequently be amended, all subdividers shall plant city street trees in accordance with all provisions of this chapter and the director's requirements. (Ord. 5385 § 13, 2004: prior code § 26-95)

A. No person shall plant, remove, relocate, destroy, cut, prune, apply pesticides, disturb, deface or in any manner injure any city street tree without first obtaining a permit to do so from the director of public works. This section shall not apply to the public service division or to any telephone or electric utility when trimming trees to comply with Rule 35 Overhead Line Construction, General Order No. 95, California Public Utilities Commission.

B. Permit applications and fees.

(1) Applications for permits under this chapter shall be made to the public works division on forms provided by the director and shall include such information as the director deems necessary to review the application.

(2) An application for any permit under this chapter shall be accompanied by a nonrefundable application fee established by resolution of the city council.

(3) The director shall issue the permit if, in his or her judgment, the proposed work is desirable and the proposed method and workmanship is performed to professionally accepted standards as defined in this chapter. Any permit so issued shall contain a date of expiration and the work shall be completed in the time allowed on the permit and in the manner described therein. The permit issued for the planting of such trees shall state the variety of trees that shall be planted, the distance apart at which the same shall be planted, the location of each tree and the size thereof.

(4) The director may order the work to immediately cease in the event that the director determines the work or conditions set forth in the permit are in violation of this chapter. (Ord. 5385 § 14, 2004: prior code § 26-96)

The director shall not issue a permit for removal of a city street tree unless the director finds one of the following conditions to be present:

A. The city street tree is infected or infested to such a degree that such condition cannot be removed, eradicated or destroyed by the usual means and efforts employed;

B. The city street tree is dead, or is seriously injured or damaged;

C. The removal of the city street tree is necessary to provide vehicular ingress or egress to adjoining property;

D. The removal of the city street tree is necessary for street opening, widening and improvement;

E. The city street tree is of a kind determined by the director to be undesirable in parkways by reason of its habits of growth;

F. There are exceptional circumstances or conditions applicable to the city street tree involved or to the intended use or development of the property in front of which the city street tree is located that the director deems do not apply generally to other city street trees in the same neighborhood. (Ord. 5385 § 15, 2004: prior code § 26-97)

As a condition to any permit to remove or destroy any city street tree, the director may require that the permittee plant a replacement city street tree in place of the one to be destroyed or removed. Whenever any such tree has been destroyed or removed pursuant to any permit, it shall be a misdemeanor for the permittee to fail, refuse or neglect to plant a replacement city street tree of the type and size specified in the permit in place of the one destroyed or removed, within forty (40) days from the date of the issuance of the permit. (Ord. 5385 § 16, 2004: prior code § 26-98)

In addition to any other requirement of law, no permit to remove, relocate or destroy a tree shall be valid unless, prior to removing, relocating or destroying such tree, the permittee deposits with the director an amount equal to the value of such tree, and in the event replacement of the tree is required, such additional amount as determined by the director as sufficient to cover the cost of installation and equipment to replace such tree or trees. Such amounts deposited shall be nonrefundable except as follows:

A. Upon verification by the director that the permittee has satisfactorily complied with the provisions of such permit, the permittee shall be entitled to a return of the entire installation and equipment deposit and additionally for such amounts as the permittee demonstrates were actually incurred for the replacement tree(s), exclusive of accessories or attachments, provided such reimbursement shall not exceed the amount of the deposit.

B. Upon determination by the director that the permittee has failed to comply with the permit, all amounts deposited by such permittee shall be forfeited to the city and may be used for any public purpose for which the city is authorized to expend public money.

C. In the case of a relocation permit, upon determination by the director that the relocated tree or trees have been successfully relocated, and have thrived for a sufficient period of time to insure their continued survival, the permittee shall be entitled to a return of the entire amount so deposited. In the event that the director determines that the tree or trees have not been successfully relocated, or are not thriving, then such deposit shall be forfeited and may be used in accordance with subsection B of this section. The determination by the director as to whether a relocation has been successful, or whether a tree is thriving, shall be final. (Ord. 5385 § 17, 2004: prior code § 26-98.5)

Any person aggrieved by any action of the director in determining the variety of city street trees that may be planted in any street may appeal to the council within the time and in the manner provided in Chapter 2.88. (Ord. 5385 § 20, 2004: prior code § 26-101)

A. The penalties of this chapter are non-exclusive and supplementary to existing rights and remedies. Nothing in this chapter shall be deemed to prevent the city from commencing a criminal or civil action with respect to any violation of the provisions herein.

B. Any person who destroys, removes or damages a city street tree without having a valid permit to do so shall be liable to the city in an amount equal to the value of the tree and such additional amounts as determined by the director to cover the administrative cost of enforcing this chapter as to such person.

C. In addition to subsection A of this section, upon determination by the director that a replacement tree is necessary and required, an amount shall also be assessed upon such person equal to the estimated cost of installation and equipment necessary to replace such tree. Such cost shall not exceed one hundred (100) percent of the value of such tree pursuant to Section 12.40.170, but in no event shall it be less than one hundred dollars ($100.00). (Ord. 5385 § 21, 2004: prior code § 26-102)

In addition to the liability imposed by Section 12.40.140, any person who destroys, removes or damages a city street tree after having been previously denied a permit to do so, or who does so with knowledge that such permit is required, shall be liable to the city for restitution in the form of a civil penalty in an amount equal to three (3) times the value of such tree. Such civil penalty shall be a debt owned to the city. (Ord. 5385 § 22, 2004: prior code § 26-103)

The forfeitures, penalties, assessments, restitutions and remedies provided for in this chapter are in addition to any other remedies provided by law. (Ord. 5385 § 23, 2004: prior code 26-104)

Whenever this chapter requires the value of a city street tree to be determined, the director shall utilize the most recent guide for establishing values of trees published by the International Society of Arboriculture insofar as practical, and if such guide is not practical or applicable, may use any other recognized and established method which the director or public works deems appropriate to establish such tree valuation. (Ord. 5385 § 24, 2004: prior code 26-105)