The indigenous oak, bay, and sycamore trees within the city are natural aesthetic resources which help define the character of the city. These trees are worthy of protection in order to preserve the natural environment and to protect the city's native plant life heritage for the benefit of all residents. Oak, bay, and sycamore trees are unique because of their size and beauty and their relative abundance adds distinction and character to certain neighborhoods within the community. It is pertinent to the public interest, health and welfare that these trees be protected from mutilation, indiscriminate cutting, damage, destruction or removal in order to provide for conservation purposes, for counteracting air and noise pollution and minimizing soil erosion and related environmental damage, as well as for the preservation of the natural beauty which the oak, bay, and sycamore trees lend to the city. It is the intent of this ordinance to create favorable conditions for the preservation of indigenous trees in the community while respecting individual rights to develop, maintain and enjoy private property to the fullest possible extent consistent with the public interest, health and welfare.

(Ord. No. 5719, § 1, 12-7-2010)

For the purposes of this chapter, the following words have the meaning ascribed to them, unless otherwise noted. Words not defined shall be given their common ordinary meaning:

"Construction permit":

1. Means any official document or official certificate, issued by the city, which authorizes:

a. Construction, erection, installation, enlargement, alteration, conversion, reconstruction, remodeling, rehabilitation, improvement, demolition, moving, or repair of a building or a structure; or

b. Grading, excavation, or encroachment of real property, public or private; and

2. Includes, but is not limited to: a building permit, building-combination permit, building-fence-wall permit, demolition permit, electrical permit, encroachment permit, excavation permit, grading permit, industrial waste permit, mechanical permit, plumbing permit, pool permit, roofing permit, sidewalk-driveway permit, or street use permit.

"Damage" means any act or omission that substantially affects or jeopardizes the long-term health of, or causes disfigurement to, a protected indigenous tree, as determined by the director.

"Development activities" means activities including, but not limited to, grading, excavation, construction, erection, installation, enlargement, alteration, conversion, reconstruction, remodeling, rehabilitation, improvement, demolition, moving, or repair of a building or a structure.

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

"Discretionary approval":

1. Means a land use entitlement, permit, or approval, issued by the city under title 16 or title 30 of this code, which the city has discretion to approve or deny; and

2. Includes, but is not limited to: a conditional use permit, parking use permit, variance, administrative exception, design review, tentative parcel or tract map, parking reduction permit, parking exception, general plan amendment, specific plan or a specific plan amendment, change of zone or district, administrative relocation, relocation permit, historic designation, ridgeline or blue-line stream exception, setback ordinance, or special recreation zone development plan review.

"Drip line" means the largest outside perimeter of the canopy of a tree drawn on the ground as an imaginary line.

"Encroach" or "encroachment" means to install, store, place, maintain or use a material, equipment, machinery, or vehicle inside the protected zone of a protected indigenous tree, except for the purpose of routine pruning.

"Hat racking" means a severe act of pruning a tree by reducing the length of branches, lowering the tree height, stubbing or removing foliage so that the tree resembles a hat or coat rack.

"Lion's tailing" means a severe act of pruning a tree by removing all the interior branches and foliage, leaving a limited amount of foliage at the end of each branch or limb so as to resemble the tail of a lion.

"Person" means an individual, company, firm, organization, association, trust, estate, partnership, corporation, limited liability company, or entity however organized.

"Property owner" means a person who is the record owner, as shown on the Los Angeles County Assessor's latest secured real property assessment roll, of the real property on which a protected indigenous tree was destroyed, removed, or damaged.

"Protected indigenous tree" or "tree" means any tree with a trunk which is six (6) inches or more in diameter as measured at a height of fifty-four (54) inches above the lowest point where the trunk meets the soil; or in case of a tree with more than one (1) trunk, whose combined diameter of any two (2) trunks is at least eight (8) inches in diameter as measured at a height of fifty-four (54) inches above the lowest point where each trunk meets the soil, which is one (1) of the following Southern California native tree species: California Live Oak (Quercus agrifolia), Scrub Oak (Quercus berberidifolia), Valley Oak (Quercus lobata), Mesa Oak (Quercus engelmannii), California Bay (Umbellularia californica), and the California Sycamore (Platanus racemosa).

"Protected zone" means that area within the drip line of a protected indigenous tree and extending to a point one (1) foot outside the drip line.

"Qualified tree expert" means an individual who performs professional services and has met the qualifications of one (1) of the following: International Society of Arboriculture (ISA) Certified Arborist, American Society of Consulting Arborists (ASCA) Registered Consulting Arborist, California State Board of Forestry Registered State Forester, or California Urban Forest Council (CaUFC) Certified Urban Forester.

"Replacement tree" means the largest commonly available transplantable nursery specimen for the Southern California region of the same species as the tree proposed for cutting, moving, encroachment upon, or removal, or of the tree actually damaged or destroyed, as determined from the stock available at local nurseries located within sixty (60) miles of the city of Glendale.

"Routine pruning" means the removal of any dead, dying, or diseased branches of a tree and the cutting of live interfering and weak branches not to exceed two (2) inches in diameter, performed in accordance with arboriculture industry standards. Foliage reduction cannot exceed one-quarter (¼) of the total tree foliage.

"Topping" (also known as "heading back," "stubbing" or "pollarding") means a severe type of trimming which results in the cutting back of large branches to stubs; the removal of the upper twenty (20) percent or more of a tree's trunk or primary scaffold.

(Ord. No. 5719, § 1, 12-7-2010)

No permit shall be required of a property owner for routine pruning of a protected indigenous tree on said property.

(Ord. No. 5719, § 1, 12-7-2010)

Except as provided in sections 12.44.030 and 12.44.060, a permit shall be required of any person who proposes to cut, remove, encroach upon, or relocate a protected indigenous tree.

(Ord. No. 5719, § 1, 12-7-2010)

It is unlawful for a person to do or cause to do any of the following:

A. Damage or destroy a protected indigenous tree, or that tree's trunk, bark, foliage, limbs, branches or roots, by any means, including, but not limited to, the following:

1. Subjecting the tree to fire or heat;

2. Applying toxic substances;

3. Operating equipment or machinery;

4. Changing the natural grade of land by excavation or filling within the protected zone;

5. Hat racking, lion's tailing or topping;

B. Attach a wire, nail, tack, staple, advertisement, poster, sign or any other object or device, or using a spike, gaff, spur or other related injurious equipment used for climbing on a protected indigenous tree;

C. Maintain an attached tree stake, tree tie, guy wire, tree guard or rope to the point where a protected indigenous tree is girdled or injured;

D. Allow or permit a substance that is harmful to a tree to lie, leak, pour, flow or drip upon or into the soil within the protected zone of a protected indigenous tree;

E. Install, place, operate or maintain an irrigation system for watering within three (3) feet from the base of a protected indigenous tree;

F. Without a permit from the director, install, place, store or maintain paving, ornamental rock, or any material within the protected zone of a tree;

G. Place, store, pile or maintain building or other material within the protected zone of a protected indigenous tree;

H. Intentionally misrepresent, mislabel or fail to identify the location, size, species, diameter, or drip line of a protected indigenous tree on an application or plan submitted to the city for a building permit, grading permit, a land use permit under title 30 of this code, subdivision map application under title 16 of this code, or any other similar land development application or plan; or

I. Without a permit from the director, cut or prune a live branch that exceeds two (2) inches in diameter.

(Ord. No. 5719, § 1, 12-7-2010)

The provisions of section 12.44.070 shall not apply to:

A. Cases of emergency caused by a protected indigenous tree being in a hazardous or dangerous condition and requiring immediate action for the preservation of life or property, or being irretrievably damaged or destroyed through flood, fire, wind or lightning, as determined after visual inspection by an authorized city employee, provided that the person responsible for the cutting, moving, encroachment upon, or removal of the tree shall report such action to the director within five (5) working days thereafter;

B. Emergency or routine cleaning by a public utility necessary to protect or maintain electrical, power or communication lines or other property of a public utility;

C. Routine pruning involving the removal of any dead, dying, or diseased branches of a tree and the cutting of live interfering and weak branches not to exceed two (2) inches in diameter, performed in accordance with industry standards, and foliage reduction not to exceed one-quarter (¼) of the total tree foliage;

D. Protected indigenous trees held for sale by a licensed nursery;

E. Any tree whose removal or trimming was specifically approved as part of an approved development plan, subdivision or other discretionary project. Any person (including, but not limited to, an architect, engineer, contractor or developer) who applies for a grading permit, building permit, land use permit under title 30 of this code, subdivision map application under title 16 of this code, or any other similar land development permit or entitlement, shall submit an application from a qualified tree expert including an accurate plan showing the exact location of each protected indigenous tree on the subject property and all protected indigenous trees on adjoining properties whose trunks or branches are located twenty (20) feet outside the subject property line;

F. Employees, agents and contractors of the city acting under the authority of the director;

G. Any trimming of a tree performed to meet minimum clearance requirements for fire and life safety as set forth in a notice to abate fire hazard issued by the fire department;

H. Any trimming or removal of a tree which is required by superseding federal or state law of general application.

(Ord. No. 5719, § 1, 12-7-2010)

A. Except as provided in sections 12.44.030 and 12.44.060, any person proposing to cut, remove, encroach upon or move any protected indigenous tree or trees within the city must apply and obtain from the director a permit prior to the proposed tree alteration, removal, encroachment or relocation.

B. When the application pertains to the removal or relocation of a tree, or encroachment upon the protected zone of a tree as a result of proposed development activities, which do not require discretionary approval, a qualified tree expert shall prepare a report at the property owner's or developer's expense. The permit applicant shall submit the report with the permit application. In the report, the qualified tree expert shall explain the reason for the removal, relocation or encroachment. On the front page of the report, the qualified tree expert shall state the expert's name, company name, address and telephone number. The qualified tree expert shall attach to the report a copy of the expert's certification or registration and state license, if required by law to have one. If the property owner or developer is hiring an individual or a company to perform work on a protected indigenous tree, the permit applicant shall state on the permit application the individual's or company's name, address, daytime telephone number, and state contractor's license number, if required by law to have a license.

C. The report must include:

1. A plan or map upon which each tree must be identified by species, diameter measured at a height of fifty-four (54) inches above the lowest point where the trunk meets the soil, height, drip line and health. Each tree proposed to be removed, moved, or encroached upon must be so designated on the plan or map;

2. Photographs of the trees to be moved or encroached upon, reflecting the tree(s) position in regard to existing and future proposed structures. The full canopy and a close up of the leaves must be provided;

3. If a tree will be moved or relocated to another location on the property, the relocation site must be identified, and site preparation and relocation methods must be described;

4. The species, number, and size of any proposed replacement tree or trees must be designated; and

5. The qualified tree expert shall state that the expert has inspected and verified the health of any tree declared diseased or dying.

(Ord. No. 5719, § 1, 12-7-2010)

A. The director shall approve, conditionally approve, or deny the application to cut, remove, encroach upon or move any protected indigenous tree or trees. The director may require the applicant to provide additional information, which does not appear on the application and may be needed for evaluating the application. The director may impose any reasonable conditions that the director deems necessary to implement the provisions of this chapter.

B. The director shall consider the following criteria, where applicable, in evaluating applications for issuance of permits required by this chapter:

1. Necessity to remove the tree because its continued existence at the location prevents the reasonable development of the subject property, as determined by the director;

2. The tree shows a substantial decline from a condition of normal health and vigor, and restoration, through appropriate and economically reasonable preservation procedures and practices, is not advisable;

3. Due to an existing and irreversible adverse condition of the tree, the tree is in danger of falling;

4. The presence of the tree interferes with, or is damaging to, utility services and roadways, walkways, foundations, drainage or other existing structures, within or without the subject property. The damage is beyond mitigation and the only reasonable alternative is the tree's removal;

5. The topography of the land and the effect of tree removal on erosion, soil retention, and the diversion or increased flow of surface waters;

6. The number or location of trees existing on the site or in the neighborhood on surrounding property; and the effect of tree removal upon enjoyment of the residents, the general public, and on property values in the area; and

7. Good forestry practices (such as the necessity to remove diseased or dying trees due to overcrowded conditions), the effect of tree removal in altering the natural habitat, and the selective preservation of healthier trees.

C. The director may require the tree's relocation to another site on the property, or off-site location within city limits that the director deems appropriate, if:

1. The environmental conditions of the new location are favorable to the survival of the tree;

2. The cost is reasonable;

3. A reasonable probability exists that the tree will survive; and

4. The relocation is accomplished by qualified personnel.

D. As a condition of a permit authorizing a person to cut, remove, encroach upon or relocate any protected indigenous tree or trees, or when any protected indigenous tree dies or is destroyed as a result of permitted development activities, the director may require that one (1) or more trees of the same species as the tree or trees proposed to be cut, removed, encroached upon or relocated, or of the tree or trees actually destroyed, must be planted as a mitigation measure. The combined diameter of the trees proposed to be planted cannot exceed the diameter of the tree, or the combined diameter of the trees, proposed to be cut, moved, encroached upon or removed, or of the tree or trees actually destroyed.

E. When the director specifies in a permit issued under this chapter that a particular species of protected indigenous tree must be planted as a condition of the permit or as a mitigation measure for damaging or destroying a protected indigenous tree, the property owner, developer or permit holder shall not plant a species other than the one designated by the director for the particular site or location.

F. The director shall establish and administer an urban forestry fund, which will be used for planting and maintaining protected indigenous trees on public property. As a condition of a permit authorizing the cutting, removal, encroachment upon, or relocation of a protected indigenous tree, or when any protected indigenous tree dies or is destroyed as a result of permitted development activities and the property owner, developer or permit applicant cannot plant a replacement tree, the property owner, developer or permit applicant may be required to pay into the urban forestry fund:

1. A tree replacement fee, as restitution and for deposit in the city's urban forestry fund, in an amount equal to the value of the replacement tree;

2. A tree installation fee, as restitution and for deposit in the city's urban forestry fund, in an amount equal to the city's estimated cost, as established by a resolution of the council, to plant a replacement tree on public property; and

3. An administrative enforcement fee, as established by resolution of the council, in an amount sufficient to cover the administrative cost of enforcing this chapter.

G. The director may impose additional measures or requirements to preserve and protect the health of trees that remain, relocated trees, and new trees planted to replace those removed. The measures may include, but are not limited to, any of the following:

1. Erecting temporary or permanent protective devices around the trees, so that no substantial disruption or removal occurs to the structure or feeder roots of a protected indigenous tree;

2. Prohibiting mechanical activity within the protected zone of a protected indigenous tree;

3. Prohibiting placement of fill material within the protected zone of a protected indigenous tree, unless an adequate drainage and aerification system is provided for the tree(s) to the director's satisfaction.

H. As a condition of any permit for construction, repair, alteration, relocation, or removal of any building, structure or any other type of construction, a permit holder shall provide sufficient safeguards and protections, as determined by the director, to prevent injury to a protected indigenous tree. The director has the authority to issue a stop work notice for any work, construction, activity or operation which damages, or threatens to damage, a protected indigenous tree; or when tree preservation measures have been violated; or in both situations.

I. Approval of a permit issued under this chapter is contingent upon full compliance with all terms and conditions imposed as part of the approval. If the director determines that the property owner, developer or permit holder has violated, or has failed to comply with any of the permit's terms or conditions, the director, upon written notice to the property owner, developer or permit holder, may suspend, revoke, or restrict the permit, or impose new or additional conditions on the permit.

(Ord. No. 5719, § 1, 12-7-2010)

A. A permit applicant, aggrieved or adversely affected by the decision of the director regarding the denial or issuance of a permit or any conditions thereof may appeal the decision to the building and fire board of appeals by filing a written appeal with the city clerk within fifteen (15) calendar days after receipt of the director's notice of decision. A statement of the appellant shall be required indicating how the appellant is aggrieved or adversely affected by the decision. Any such written request to be heard filed with the city clerk shall also be copied to the director. The written request shall specify the name and address of the person to which all subsequent notices and communications should be mailed.

B. If no appeal is filed within such time, the director shall promptly implement his or her intended decision on the permit or permit application. An appeal shall automatically stay execution of the implementation of the director's intended decision until the appeal has been considered and decided on by the building and fire board of appeals.

C. Within fifteen (15) calendar days of the filing of a written appeal, the building and fire board of appeals shall notify each appellant and the director of the time, date and location of the scheduled hearing. The hearing date shall be set at the board's sole discretion, except that the hearing must commence within sixty (60) calendar days of the date of the filing of the written appeal. The board may extend the 60-day period only upon good cause shown.

D. The building and fire board of appeals may, in its sole discretion, direct any named appellant and the director to submit in advance of the hearing, statements, lists of witnesses, exhibits, documents or any other information the board deems pertinent to the appeal. The board may request either party to the appeal to submit rebuttals to such information. The board may limit the length, scope or content of any such statement, list, rebuttal, document, or other requested information. The board shall set firm due dates for all written presentations.

E. All notices and writings required to be served under this section shall be delivered by personal service or United States mail in a manner ensuring written confirmation of delivery.

F. The proceedings shall be as informal as is compatible with the requirements of justice. The building and fire board of appeals need not be bound by the common law or statutory rules of evidence and procedure, but may make inquiries in the matter through all means and in a manner best calculated to make a just determination. In considering the appeal, the building and fire board of appeals shall apply the criteria set forth in section 12.44.080. The board shall render a decision on the appeal within fifteen (15) calendar days of such hearing.

(Ord. No. 5719, § 1, 12-7-2010)

The city council shall establish and require permit fees for permits pertaining to cutting, removing, encroaching upon, or relocating a protected indigenous tree. The permit fee must not exceed the cost of administering each permit. Fees will be subject to annual revision and adjustment to reflect current administrative costs. An applicant for a permit shall pay the full fee when the applicant submits the permit application. The director shall not accept an application for a permit under this chapter, unless the applicant pays the fee in full.

(Ord. No. 5719, § 1, 12-7-2010)

The administrative remedies, penalties, and assessments provided for in this chapter are cumulative to each other and to the remedies, penalties, and assessments, civil and criminal, available under this code and all other laws of this state. Nothing in this chapter prevents the commencement of a criminal action, or a civil action, or both, with respect to any violation of this chapter's provisions.

(Ord. No. 5719, § 1, 12-7-2010)

A. The administrative remedies provided for in this section shall be deemed to be cumulative and not mutually exclusive to the civil and criminal remedies provided for in this chapter.

B. The director may assess against any person who commits, allows, or maintains a violation of any provision of this chapter an administrative penalty in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each and every day during any portion of which any violation is committed, continued, or permitted shall constitute a separate offense. Where the violation has resulted in the destruction or removal of a protected indigenous tree, the penalty shall be in an amount not to exceed ten thousand dollars ($10,000.00) per tree unlawfully destroyed or removed.

C. At his or her sole discretion, the director may approve a compliance agreement between the city and any person who commits, allows, or maintains a violation of any provision of this chapter. This agreement may include, but is not limited to, requiring the person to post a bond and obtain the necessary permits, directing the person to provide methods of mitigation and replacement for the unauthorized alteration, removal, encroachment upon, or relocation of a protected tree, and prescribing other reasonable measures to abate a specific violation of this chapter.

D. Upon determining that a person has committed a violation of this chapter, the director or his or her designee shall issue an administrative citation to the responsible party using the procedures set out in this section. As used in this section, the term "responsible party" shall mean the owner of the property or the person who commits, allows, or maintains a violation of any provision of this chapter. The administrative citation shall be served by personal service on the responsible party or by certified mail, return receipt requested, to the responsible party's last known address. The responsible party's refusal to accept the administrative citation shall not affect the validity of the administrative citation or any proceeding undertaken under this section.

E. To the extent the following information is reasonably available to the director, the administrative citation shall:

1. State the date the administrative citation is issued;

2. State the responsible party's name, current residential address, and mailing address;

3. Refer to the code section violated and describe how the responsible party violated the code section;

4. State the date the violation was discovered by the director;

5. State the amount of penalty imposed for the violation;

6. Explain how the responsible party may pay the penalty, including the location and manner, as well as the time period by which the penalty must be paid and the consequences of failure to pay the penalty;

7. Explain the procedure for obtaining an administrative hearing; specifically, notice that the responsible party must make a written request within fifteen (15) calendar days from the date the administrative citation is issued and that the responsible party will be notified by mail of the date of the hearing;

8. Include a warning that a failure to pay the penalty and/or failure to appear at a requested administrative hearing may result in the penalties described in section 12.44.130; and

9. Describe any action necessary to correct the violation and explain that failure to do so may result in the issuance of additional administrative citations and the imposition of additional penalties.

F. Within fifteen (15) calendar days from the date the administrative citation is served on the responsible party, the responsible party must pay the penalty amount designated on the administrative citation and may also make a written request for an administrative hearing. The responsible party's failure to pay the penalty within fifteen (15) calendar days and to correct the violation constitutes a default, upon the occurrence of which, the city may treat the penalty as an account receivable subject to the established policy for delinquent accounts receivable. The city may use all appropriate legal means to collect the penalties imposed pursuant to this chapter.

G. Any responsible party to whom an administrative citation has been issued may contest that there was a violation of this chapter or that he or she is the responsible party by filing a written request with the director for an administrative hearing within fifteen (15) calendar days from the date of service of the administrative citation. Such request shall be accompanied by payment of the administrative penalties. The director shall set a date for an administrative hearing before the building and fire board of appeals not less than fifteen (15) calendar days nor more than thirty (30) calendar days from the date of the request. The director shall, by certified mail, return receipt requested, or personal service, give notice to the responsible party of the time, date and location of the hearing. The director also shall provide the responsible party in advance with any materials provided to the building and fire board of appeals.

H. The responsible party's failure to appear at a noticed hearing shall constitute a waiver of the right to a hearing, a forfeiture of the fine(s), and a failure to exhaust administrative remedies. Upon a showing of good cause by the responsible party, the building and fire board of appeals may excuse the responsible party's failure to appear at the hearing and reschedule the hearing. Under no circumstances shall the hearing be rescheduled more than once.

I. The administrative hearing is intended to be informal in nature. Formal evidentiary rules and discovery shall not apply, except that irrelevant and unduly repetitious evidence may be excluded at the discretion of the building and fire board of appeals. Each party shall have the opportunity to offer testimony and evidence and cross examine witnesses in support of its case. The building and fire board of appeals may continue the hearing or request additional information from either side.

J. Within fifteen (15) calendar days of the conclusion of the hearing, the building and fire board of appeals shall determine whether a violation has occurred and provide the responsible party with its decision in writing, also known as an administrative order. The building and fire board of appeals shall provide the responsible party with the administrative order by personal service or by certified mail, return receipt requested, to the responsible party's last known address. A decision in favor of the responsible party shall constitute a dismissal of the violation. The city shall promptly return any monies paid by the responsible party. If the building and fire board of appeals renders a decision in favor of the city, the responsible party must comply with the administrative order or seek judicial review of the administrative order.

K. If an administrative order is rendered in favor of the city pursuant to this division, the responsible party may appeal any decision made by the building and fire board of appeals to the city council within the time and in the manner provided by the uniform appeal procedure of chapter 2.88 of this code. The decision of the city council shall be final.

(Ord. No. 5719, § 1, 12-7-2010)

The following remedies shall be deemed to be cumulative and not mutually exclusive:

A. Against any person:

1. Criminal Penalties. At the option of the city prosecutor, a violation of any provision of this chapter or any condition imposed upon a permit issued hereunder shall be prosecuted as a misdemeanor or infraction depending on the severity and willfulness of the prohibited conduct and whether the conduct has been repeated. Each tree removed in violation of this chapter shall constitute a separate misdemeanor offense. Any person convicted of knowingly or willfully destroying or removing any protected indigenous tree shall be charged for restitution in full or in part, as deemed appropriate by the court, a monetary amount representing the value of the destroyed or removed tree and calculated to cover the costs of prosecution. The penalty shall be further specified as follows:

a. If charged as an infraction, the penalty upon conviction of such person shall be a fine as set forth in section 1.20.010 of this code.

b. If charged as a misdemeanor, the penalty upon conviction of such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment for a term not to exceed six (6) months, or by both such fine and imprisonment, plus restitution in full or in part, as deemed appropriate by the court.

2. Civil Penalties. As a part of a civil action brought by the city, a court may assess against any person who commits, allows, or maintains a violation of any provision of this chapter a civil penalty in an amount not to exceed one thousand dollars ($1,000.00) per violation. Where the violation has resulted in the destruction or removal of a protected indigenous tree, the civil penalty shall be in an amount not to exceed ten thousand dollars ($10,000.00) per tree unlawfully destroyed or removed plus restitution in full or in part, as deemed appropriate by the court.

3. Restitution. As a part of a civil action brought by the city, a court may assess against any person who allows or causes the removal or destruction of a protected indigenous tree, as restitution and for deposit in the city's urban forestry fund, (i) an amount equal to the value of the largest commonly available transplantable nursery specimen for the Southern California region of the same species as the tree destroyed or removed, as determined from the stock available at local nurseries located within sixty (60) miles of the city of Glendale; and (ii) an amount equal to the prevailing cost, including equipment and labor costs, of planting a replacement tree on public property in the City of Glendale. Restitution shall be calculated for each tree unlawfully destroyed or removed.

4. Injunctive Relief. A civil action may be commenced to abate, enjoin, or otherwise compel the cessation of a violation of any provision of this chapter.

5. Costs. In any civil action brought pursuant to this chapter in which the city prevails, the court shall award to the city all costs of investigation and preparation for trial, the costs of trial, reasonable expenses including overhead and administrative costs incurred in prosecuting the action and reasonable attorneys' fees.

B. Against tree trimming services, arborists and tree experts:

1. Any tree trimming service, arborist or tree expert violating any provision of this chapter is guilty of a crime. This crime can be charged as either an infraction or a misdemeanor. It shall be a separate violation for each protected indigenous tree damaged, removed or destroyed.

2. It shall be an infraction for any tree trimming service, arborist or tree professional to receive pay for such services within the city without a contractor's license, if a license is required by the contractors state license board to perform aforesaid services.

C. Joint and several liability. If two (2) or more persons are responsible for any violation of the provisions of this chapter, they shall be jointly and severally liable for the penalties and remedies set forth herein.

(Ord. No. 5719, § 1, 12-7-2010)

A. Construction Permit or Discretionary Approval—Withholding or Revoking. When a person destroys, removes, or damages a protected indigenous tree on a property, the city, after having given notice and having conducted a hearing under subsections (E) and (H) of this section, may take any one (1) of the following actions against a person listed in subsection (C) of this section:

1. Withhold the processing and issuance of a construction permit, or withhold a discretionary approval, or withhold both, that the city otherwise might have issued for that property; or

2. Revoke a construction permit for which construction has not begun on the property, or revoke a discretionary approval, or revoke both, that the city previously had approved or had issued for that property.

B. Maximum Period. The city may take the action described in subsection (A) of this section for a period of time not to exceed ten (10) years from the date on which the city had discovered the protected indigenous tree's destruction, removal, or damage on the property.

C. Persons Subject to Building and Development Moratorium. Subsections (A) and (B) of this section apply to any one (1) of the following persons:

1. The property owner;

2. A person who has an existing and perfected interest in the property, including a legal, equitable, financial, or leasehold interest; or

3. A person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both.

D. Commencement of Proceeding to Withhold or Revoke. After the neighborhood services administrator, or the director, or either one's designee, has inspected the property and has determined that a person has destroyed, removed, or damaged one (1) or more protected indigenous trees on the property, the director, upon consideration of the factors listed under subsections (H)(4)(a) through (d) of this section:

1. May recommend that the city proceed under subsection (A) of this section;

2. Shall propose a period of time, under subsection (B) of this section, during which a permit, or a discretionary approval, or both, will be withheld, or revoked, or both; and

3. Shall prepare a written notice, in accordance with subsection (E) of this section.

E. Notice. When the director decides that the city will proceed under subsection (A) of this section, the director shall give the persons listed in subsections (F)(1)(a)(i) through (iii) of this section a written notice, which must state:

1. The street address;

2. The assessor's parcel number or the property's legal description;

3. The director has determined that a protected indigenous tree on the property was destroyed, removed, or damaged in violation of Chapter 12.44 of the Glendale Municipal Code, 1995;

4. Under Glendale Municipal Code subsection 12.44.140(A), the city intends to impose a moratorium on the property's development, construction, or improvement by taking any one (1) or more of the following actions:

a. Withholding issuance of a construction permit, or withholding a discretionary approval, or withholding both, that the city otherwise might have issued for the property; or

b. Revoking a construction permit for which construction has not begun on the property, or revoking a discretionary approval; or revoking both, that the city previously had approved or had issued for the property;

5. The start date and end date of the period of time during which the city's proposed action on one (1) or more permits, discretionary approvals, or both, will be in effect;

6. Within seven (7) calendar days after the date on which the director's notice was personally delivered or deposited in the mail, the city will post on the property, and deliver to the Los Angeles County Recorder to record against the property, a notice that describes the city's intention of imposing a restriction on the property's development, construction, or improvement for a fixed period of time;

7. Not later than forty-five (45) calendar days after the date on which the director's notice was personally delivered or deposited in the mail, the property owner, or a person who has an existing and perfected interest in the property, including a legal, equitable, financial, or leasehold interest, may appeal the city's proposed action on one (1) or more permits, discretionary approvals, or both, by submitting to the director a written request for a hearing with the city's building and fire board of appeals;

8. If the person fails to request a hearing within the 45-day time period, the person will waive all rights to an administrative hearing and a determination of the matter;

9. If the person submits a timely hearing request, the building and fire board of appeals will determine the issues listed under subsections (H)(4)(a) through (d) of this section;

10. At the hearing, the director and the person may submit and refute evidence, present and cross-examine witnesses, and have an attorney or other individual act as a representative; and

11. The person may appeal the building and fire board of appeals' decision to the city council within the time and in the manner provided in chapter 2.88 of the Glendale Municipal Code.

F. Service of Notice.

1. The director shall serve the notice described in subsection (E) of this section, a copy of chapter 12.44, and any amended or supplemental notice:

a. On:

i. The property owner;

ii. A person who has an existing and perfected interest in the property, including a legal, equitable, financial, or leasehold interest, as revealed by either a title search of the property or a Glendale Water and Power utility record; or

iii. A person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both.

b. By:

i. Personal delivery; or

ii. "Certified" United States Mail, first class postage prepaid, return receipt requested.

c. At the person's address, as known by the director or as it appears on:

i. The Los Angeles County Assessor's latest secured real property assessment roll;

ii. The title document;

iii. The Glendale Water and Power utility record; or

iv. The application for a construction permit or a discretionary approval.

2. If a person's address is not listed on one (1) of the documents described in subsection (F)(1)(c) of this section, or is not known by the director, then the director shall mail a copy of the notice to the person, at the address of the property on which the protected indigenous tree was destroyed, removed, or damaged.

3. Notice to a person in the manner described in subsection (F)(1)(c), (F)(2), or (J)(1)(c) of this section becomes effective, and is deemed duly served, given, delivered, made, or communicated, on the date personal delivery actually occurs or, if mailed:

a. Five (5) calendar days after deposit in the United States mail, if the person's address is within the State of California;

b. Ten (10) calendar days after deposit in the United States mail, if the person's address is outside the State of California, but within the United States; or

c. Twenty (20) calendar days after deposit in the United States mail, if the person's address is outside the United States.

4. The city's failure to serve a person, or to serve a person in the manner that this subsection allows, does not:

a. Invalidate, alter, postpone, delay, cancel, or extinguish any remedy, relief, penalty, hearing, proceeding, or action authorized under this section, or chapter 12.44, as to another person whom the city duly served; or

b. Relieve another person, whom the city duly served, from fully performing or fulfilling a duty or obligation imposed by this section or chapter 12.44

G. Request for Hearing.

1. Not later than forty-five (45) calendar days after the date on which the notice in subsection (E) of this section was personally delivered or deposited in the mail, the property owner, or a person who has an existing and perfected interest in the property, including a legal, equitable, financial, or leasehold interest, may dispute the city's proposed action on one (1) or more permits, discretionary approvals, or both, by submitting to the director a written request for a hearing with the city's building and fire board of appeals.

2. If a person fails to request a hearing within the 45-day time period, the person waives all rights to an administrative hearing and a determination of the matter.

H. Hearing—Setting Date; Issues for Determination. The building and fire board of appeals shall:

1. Set the initial hearing on a date not earlier than fourteen (14) calendar days, and not later than sixty (60) calendar days, after the date on which the notice in subsection (E) of this section was personally delivered or deposited in the mail;

2. Order a postponement or a continuance of a hearing at any time, regardless of whether evidence has been presented, when the building and fire board of appeals determines it is necessary to do so to further the interests of justice and fairness;

3. Conduct the hearing "de novo"; and

4. Determine by a preponderance of the evidence:

a. Whether one (1) or more protected indigenous trees on the property was destroyed, removed, or damaged, in violation of this chapter, by:

i. The property owner;

ii. A person who was acting:

(1) On the property owner's behalf;

(2) At the property owner's direction; or

(3) With the property owner's knowledge, authorization, permission, or consent; or

iii. The person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both;

b. Whether the property owner, or the person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both, is a purchaser in good faith and for valuable consideration, who acquired title to the property:

i. After the unlawful destruction, removal, or damage of one (1) or more protected indigenous trees; and

ii. Before the posting or recording of the notice described in subsection (L)(1)(a) or (b) of this section;

c. Whether the facts or circumstances make a restriction on the property's development, construction, or improvement for a fixed period of time an appropriate remedy for the unlawful destruction, removal, or damage of one (1) or more of the property's protected indigenous trees. In making this determination, the building and fire board of appeals shall consider the following factors:

i. The number of protected indigenous trees destroyed, removed, or damaged;

ii. The size and age of each tree destroyed, removed, or damaged;

iii. For one (1) or more protected indigenous trees that were not removed from the property, but were destroyed or damaged, whether partially, fully, temporarily, or otherwise:

(1) The manner or method of each tree's destruction or damage; and

(2) The extent or degree of each tree's destruction or damage;

iv. When the destruction, removal, or damage occurred to one (1) or more of the property's protected indigenous trees, the property owner, or the person who is applying for, or who has been issued, a construction permit for the property, or a discretionary approval for the property, or both:

(1) Knew it was unlawful to cut, remove, prune, encroach upon, or move the tree or trees; or to do so without obtaining a permit from the city; or

(2) Intended to destroy, remove, or damage the tree or trees.

In making a determination of the person's knowledge or intent, the building and fire board of appeals may consider any one (1) or more of the following facts or circumstances:

(3) Previously the person applied for a protected indigenous tree permit from the city;

(4) Previously the city denied the person a protected indigenous tree permit;

(5) Previously the city or another individual told the person, verbally or in writing, about either the existence of a protected indigenous tree on the property, or the city's requiring a permit to cut, remove, encroach upon, or move a protected indigenous tree;

(6) Previously the person violated a law that either regulates a tree's protection or prohibits a person from cutting, removing, encroaching upon, moving, damaging, or destroying a heritage, historic, landmark, legacy, native, or specimen tree;

(7) The person's reason or purpose for destroying, removing, or damaging one (1) or more of the protected indigenous trees;

(8) The person had a plan or scheme to destroy, remove, or damage one (1) or more of the protected indigenous trees;

(9) The person did not destroy, remove, or damage one (1) or more of the protected indigenous trees by mistake or accident; or

(10) Any other relevant fact or circumstance; and

d. The start date and end date of the period of time during which one or more permits, discretionary approvals, or both, will be withheld, or revoked, or both, if the building and fire board of appeals, under subsection (H)(4)(c) of this section, has decided to impose a restriction on the property's development, construction, or improvement.

I. Hearing—Evidence and Testimony. At the hearing:

1. The person who requested the hearing may:

a. Submit evidence, testimony, and argument that the person deems relevant to the issues that the building and fire board of appeals will decide;

b. Refute the evidence and testimony presented by the director or other city representatives; and

c. Have an attorney or other individual act as the person's representative.

2. The director may:

a. Submit evidence, testimony, and argument that the director deems relevant to the issues that the building and fire board of appeals will decide;

b. Refute the evidence and testimony presented by the person or the person's representative; and

c. Have an attorney or other individual act as the director's representative.

J. Decision.

1. Not later than forty-five (45) calendar days after the hearing's conclusion, the building and fire board of appeals shall:

a. Decide the matter upon the record;

b. Prepare a written decision that contains findings of fact; and

c. Serve the written decision on the person or persons who requested the hearing and on any person or persons who attended the hearing and requested to be notified of the board's decision, by:

i. Personal delivery; or

ii. "Certified" United States mail, first class postage prepaid, return receipt requested.

2. The failure of the building and fire board of appeals to perform the acts described in subsection (J)(1) of this section shall not invalidate any decision of the board. Alternately, no person or persons who requested a hearing shall be denied the ability to appeal any final decision of the building and fire board of appeals to the city council by reason of the board's failure to perform the acts described in subsection (J)(1) of this section.

K. Appeal.

1. The director, the person or persons who requested a hearing, or any person whose property interest may be affected by the final decision of the building and fire board of appeals and who specifically requested to be notified of the board's decision can appeal such final decision to the city council within the time and in the manner provided in chapter 2.88 of the Glendale Municipal Code. Timely filing of the notice of appeal is a jurisdictional requirement.

2. California Code of Civil Procedure Section 1094.6 applies to a petition for judicial review of an adjudicatory administrative decision of the city council. Unless a shorter statute of limitation is applicable, a petition for judicial review must be filed not later than the ninetieth day following the date on which the city council's decision becomes final, which occurs on the date that the city council adopts its decision.

L. Posting and Recording of Preliminary or Permanent Notice of Restriction.

1. Within seven (7) calendar days after the date on which the notice in subsection (E) of this section was personally delivered or deposited in the mail, the director shall:

a. Post on the property a notice, which meets the requirements listed in subsection (L)(3) of this section, that describes:

i. The city's intention of imposing a restriction on the property's development, construction, or improvement for a fixed period of time;

ii. The length of time of the proposed restriction;

iii. The persons subject to the proposed restriction;

iv. The persons who may request a hearing on the proposed restriction; and

v. The telephone number to obtain more information.

b. Deliver to the Los Angeles County Recorder, to record against the property, a document that:

i. Contains the information described in subsections (L)(1)(a)(i) through (v) of this section, to impart constructive notice to subsequent purchasers or subsequent lienholders of the city's intention to impose a restriction on the property's development, construction, or improvement; and

ii. Complies with the property identification requirements of California Government Code Section 27281.5 or any successor legislation.

2. Within seven (7) calendar days after the date on which either the building and fire board of appeals' notice of decision becomes final and non-appealable, or the city council adopts a resolution setting forth a decision and findings of fact, the director shall:

a. Post on the property a notice, which meets the requirements listed in subsection (L)(3) of this section, that describes:

i. The city's restriction on the property's development, construction, or improvement for a fixed period of time;

ii. The length of time of the restriction;

iii. The persons subject to the restriction; and

iv. The telephone number to obtain more information.

b. Deliver to the Los Angeles County Recorder, to record against the property, a document that:

i. Contains the information described in subsections (L)(2)(a)(i) through (iv) of this section, to impart constructive notice to subsequent purchasers or subsequent lienholders of the city's restriction on the property's development, construction, or improvement; and

ii. Complies with the property identification requirements of California Government Code Section 27281.5 or any successor legislation.

3. The notice described in subsection (L)(1)(a) or (2)(a) must be:

a. Posted in a conspicuous place, clearly visible, in one (1) or more of the following locations:

i. On or in front of the property, and if the property exceeds one (1) acre in area, at intervals of not more than three hundred (300) feet along or near the property's boundary; or

ii. At or near an entrance to a building or a structure on the property;

b. Not less than fourteen (14) by twenty (20) inches in size;

c. Printed in not less than 16-point type; and

d. Printed in black letters against a white or yellow background.

4. Notice to a person in the manner described in subsection (L)(3) of this section becomes effective, and is deemed duly served, given, delivered, made, or communicated, on the date posting actually occurs.

5. No person shall alter, deface, hide, destroy, remove, cancel, rescind, or withdraw a notice, document, or sign that this chapter authorizes.

M. Exemption. This subsection's provisions do not apply to:

1. A purchaser, or to the purchaser's agent, who, in good faith and for valuable consideration, acquired title to the property:

a. After the unlawful destruction, removal, or damage of the protected indigenous tree; and

b. Before the posting or recording of the notice described in subsection (L)(1)(a) or (b) of this section.

2. A construction permit or a discretionary approval that the city requires to:

a. Maintain the health, safety, or welfare of one (1) or more individuals occupying an existing building or structure on the property; or

b. Protect or safeguard an existing building or structure on the property from damage, destruction, or deterioration.

(Ord. No. 5719, § 1, 12-7-2010)

The city council may pass a resolution to place a lien on the real property upon which the violation occurred to collect any unpaid administrative fine(s) as a special assessment against the real property. The resolution shall further direct that the city clerk shall file with the county auditor and the county tax assessor and tax collector certified copies of the resolution. The clerk shall direct the auditor to enter the amounts of the fines against the real property described in the resolution as it appears on the current assessment roll. The amount of the fines shall constitute a lien against the real property against which the fines have been imposed. The tax collector shall include the amount of the fines on bills for taxes levied against the real property. Thereafter, the amount of the charges shall be collected at the same time and in the same manner and by the same person as, together with and not separately from, the general taxes for the city and shall be subject to the same penalties and interest upon delinquent payment. For any special assessment lien imposed under this chapter, once payment in full has been received by the city, the city clerk shall either record a notice of satisfaction or provide the property owner or applicable financial institution with a notice of satisfaction so they may record such notice with the office of the Los Angeles County Recorder. The notice of satisfaction shall cancel the city's lien.

(Ord. No. 5719, § 1, 12-7-2010)