HomeMy WebLinkAboutOrd. 1513-2016 ORDINANCE NO. 1513-2016
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE AMENDING CHAPTER 13.28 OF THE
SOUTH SAN FRANCISCO MUNICIPAL CODE TO UPDATE
THE ROLE OF THE DIRECTOR OF PARKS AND
RECREATION IN THE MAINTENANCE OF STREET TREES
AND REMOVE THE RESIDENTIAL PROPERTY OWNER'S
TREE PLANTING OPTION
WHEREAS, Chapter 13.28 of the City of South San Francisco ("City") Municipal Code,
also known as the "Street Tree Ordinance of City of South San Francisco," was first adopted in
1980; and
WHEREAS, pursuant to the authority granted by the California Tree Planting Act of
1931 (Cal. Streets and Highways Code sections 22000 et seq.), the City's Parks and Recreation
Department maintains and preserves the trees along public streets in the City; and
WHEREAS, from time to time existing ordinances shall be updated and revised to reflect
changes within the City; and
WHEREAS, the City desires to indicate that the Director of Parks and Recreation will
oversee all aspects of the maintenance and preservation of street trees within the City; and
WHEREAS, City staff recommends that Chapter 13.28 of the South San Francisco
Municipal Code be revised; and
WHEREAS, the City Council of the City of South San Francisco further finds that it is in
the public interest to revise Chapter 13.28 of the South San Francisco Municipal Code.
NOW, THEREFORE, the City Council of the City of South San Francisco does hereby
ORDAIN as follows:
SECTION 1. Amendments
The City Council hereby amends the following sections of Chapter 13.28 of the South San
Francisco Municipal Code to read as follows. Sections and subsections that are not amended by
this Ordinance are not included below, and shall remain in full force and effect.
Chapter 13.28 STREET TREES
13.28.020 Definitions.
For the purpose of this chapter, the following terms, words, phrases, and their derivations
shall have the meaning given in this section:
"City" is the City of South San Francisco.
"Director" is the Director of the Parks and Recreation Department of the City of South
San Francisco, or his or her representative.
"Owner of the property" is a person, as defined in this section, who owns a fee simple
interest or surface easement in the property on which a Street tree is planted.
"Parkway strip" is an area designated or existing in the public area between the curb and
edge of sidewalk on a City street, which abuts an owner's property.
"Person" is any person, firm, partnership, association, corporation, company, or
organization of any kind.
"Preservation" means acts to promote the life, growth, health, or beauty of trees, shrubs,
or plants, including, but not limited to, pruning, trimming, topping, root pruning, spraying,
mulching, fertilizing, cultivating, supporting, and treating for disease or injury.
"Public area" is the city right-of-way between the curb or edge of pavement and the
property line along a City street.
The word "shall" is mandatory, and the word"may" is permissive.
"Street trees"are trees in a Public area along a City street.
13.28.030 Administration
The Director shall have authority to administer the provisions of this chapter regarding
trees planted or growing in public areas within the City.
13.28.040 Street tree preservation policy.
It shall be the City's policy to utilize applicable techniques, methods, and procedures
required to preserve, when feasible, all trees on City property including, but not limited to, trees
which are creating damage to surface improvements or underground facilities or which are
diseased, or located where construction is being considered or will occur.
13.28.050 Street trees—Director's authority.
The Director is authorized to determine feasibility of preserving all trees on public
property or removal therefrom and upon so determining to undertake the preservation or
removal.
13.28.070 Interference with city employees, agents, contractors or representatives.
No person shall interfere with or cause or permit any person to interfere with City
employees, agents, contractors or representatives who are engaged in the planting, preserving,
maintaining, treating or removing of any tree or plant or related work in the City.
13.28.080 Planting, removal and maintenance of street trees—Permit required.
No person shall plant, trim, prune, or remove any Street tree in any public area along a
City street, without a permit from the Director.
13.28.090 Removal of damaged street trees.
Street trees may be removed by the Director, if the Street tree is damaged or destroyed, to
protect other trees, shrubs or plants from damage or injurious infection, or in the interest of
public safety.
13.28.100 Unauthorized plantings.
(a) No person shall plant any tree, shrub or plant in any public property of the City or
public tree easement without written permission of the Director.
(b) Any tree, shrub or plant, planted within any parkway or public tree easement
without a written permit of the Director, may be removed by the Director. The Director shall
notify the abutting property owner in writing, listing the unauthorized planted trees, shrubs or
plants, ordering removal, and establishing a reasonable time of not less than fourteen (14) days
within which removal shall be accomplished, and informing the owner that upon failure to so
comply therewith, the City will remove same or cause same to be removed at the owner's cost
and expense, as provided in this chapter. In the event the removal is not accomplished within the
specified time, which may be reasonably extended by the Director, the Director may remove the
trees, shrubs or plants at the property owner's cost and expense, which shall include but not be
limited to cost of labor, equipment,materials and actual overhead expense. Upon determining the
costs to be assessed, the Director shall, by written notice, inform the property owner of the cost,
detailing the items of labor, equipment, materials and overhead and cost thereof and advise the
owner that unless payment is made to the City within thirty (30) days, same shall be collected as
a debt in an appropriate civil action or assessed as a lien against the owner's property as provided
in this chapter.
13.28.110 Construction areas.
(a) If any proposed work of construction, improvement, demolition or any other work
on or adjacent to public property requires removal of a tree planted on the property, the person
undertaking the work and the contractor shall apply to the Director for a permit to remove the
tree. The Director may issue such a permit on condition that the applicant at his or her cost and
expense replaces the tree with one of the same size and species in a location designated by the
Director. The Director may authorize an alternate size and species. Applicant shall secure the
performance of this condition by a deposit with the Director sufficient to pay the cost thereof,
which shall be returned to the applicant upon approved completion of the replacement. If a
person performs work of construction, improvement, demolition or any other work adjacent to
public property and in so doing removes without a permit a tree planted on the property, the
person undertaking such work and the contractor shall replace the tree at a site designated by the
Director with one of the same size and species. The Director may authorize an alternate size or
species. The replacement of the tree shall not bar any additional remedies or penalties provided
for in this chapter.
(b) No person shall excavate any ditches, tunnels or trenches or install pavement
within a radius of four feet from any Street tree without written permission of the Director. A
person performing any work of excavation or construction on any street or publicly owned
property shall guard and protect the tree so as to prevent injury thereof. If such person damages
or injures the tree, the Director shall charge said person the cost thereof or require replacement
with the same size and species at a site designated by the Director at said person's cost and
expense.
13.28.120 Parkway beautification policy.
It shall be the policy of the City to maintain the beauty of its parkways. The Director is
authorized to establish programs to maintain the City's parkways.
13.28.130 Parkway—Responsibility of owner or occupant.
The owner or occupant of property abutting a parkway shall be responsible for the
maintenance of such parkway, including, but not limited to, periodic and regular watering and
weed control.
13.28.140 Street tree master plan.
A. The Director shall develop a comprehensive plan of Street trees for all streets of the
City where planting areas are available and provided for trees. The plan may be revised from
time to time and shall be reviewed each year.
B. In accordance with the plan, the Director shall proceed each year to plant trees or
replace trees to the extent of such funds as may be allocated by the City Council for that purpose.
C. Where the condition of a tree, or the unfitness of a tree, or the condition of other
public improvements adjacent to a tree make replacement necessary or desirable, the Director is
authorized to remove such tree and replace it with one in accordance with the Street tree master
plan.
D. In accordance with the plan, the Director shall establish and implement a five-
year schedule for regular pruning of Street trees maintained by the City, staff resources, and a
budget for permitting.
13.28.150 Maintenance of list of trees causing damage to public property.
The Director shall maintain a list of trees which have caused damage to adjacent
sidewalks, interfered with drainage flows and gutters, or interfered with traffic in adjacent
streets. The Director shall confer with the Director of Public Works regarding the necessary
remedial work and request for funds from the City Council for the repair or replacement of the
damaged sidewalks or other public properties.
13.28.160 Abuse or mutilation of street trees.
No person shall:
A. Damage, cut, carve, or injure the bark of any Street tree;
B. Attach any sign, wire or injurious material to any Street tree;
C. Cause or permit any wire charged with electricity to come in contact with any
Street tree;
D. Allow any gaseous, liquid, or solid substance harmful to trees to come in contact
with the roots, leaves,bark, or any part of any Street trees; or
E. Allow ivy or any other vines to cling or to climb up any part of any Street tree.
13.28.170 Public nuisances.
The following are declared to be public nuisances:
A. A dead, diseased, infested or dying tree on private property so near to any Street
tree as to constitute a danger to Street trees, or streets, or portions, thereof;
B. Any tree or shrub on any private property or any shrubs in a parkway strip of a
type of species which damages, destroys or otherwise interferes with any street improvements,
sidewalks, curbs, Street trees, gutters, sewers, or other public improvements including mains or
service, or threatens to so damage, destroy or impair same;
C. Vines or climbing plants growing into or over any Street trees or any public
hydrant,pole, or electrolier;
D. Existence of any tree on private property within the City limits which is infested,
infected, or in danger of becoming infested or infected with injurious insects, scales, fungus, or
growth;
E. The existence of any branches or foliage on private property which interferes with
visibility on, or free use of, or access to, any portion of any street improved for vehicular or
pedestrian travel;
F. Hedges or dense thorny shrubs and plants on any street or parkway strip or part
thereof;
G. Shrubs and plants more than twelve (12) inches in height in any parkway strip,
measured above top of curb grade;
H. The construction or maintenance of any type of wall or fence around or within
any City right-of-way or portion thereof, unless an encroachment permit has been issued therefor
by the Director;
I. The placing or maintenance within any City right-of-way or portion thereof, of
any solid landscaping, decorative materials, or plantings, including but not limited to large rocks,
driftwood or planters made of tile or concrete pipe sections, which protrude more than twelve
(12) inches above the level of the curb and sidewalk and which are continuous with the length of
a parkway strip, or otherwise tend to block the free movement of pedestrians across the width of
a parkway strip;
J. The placing or maintenance of any type of ground cover or plant materials within
two feet of the base of any tree in a parkway strip or other place along which the City has a tree
planting easement;
K. Concrete, asphalt, tar paper or plastic membranes or other types of impervious
materials placed in a parkway strip or tree easement in such close proximity to a Street tree as to
impede the movement of soil, air and water which are necessary to sustain growth and
development of the Street tree;
L. Removal from or planting, trimming or pruning a-Street tree on any public area
along a City street without a written permit from the Director;
M. Planting a tree, shrub or plant in or on public property or a public street tree
easement without a written permit from the Director;
N. Excavating any ditches, tunnels or trenches or installation of pavement within a
four-foot radius of any Street tree without a written permit from the Director;
0. Failure, neglect or refusal to guard and protect a Street tree while performing any
work of excavation or construction on any street or publicly owned property;
P. Failure, neglect or refusal of any owner or occupant of property abutting a
parkway to maintain that portion of the parkway adjacent to the property, including but not
limited to periodic and regular watering and weed control;
Q. Paving or covering all or part of a parkway strip without a written permit from the
Director;
R. Abusing or mutilating Street trees as set forth in Section 13.28.160;
S. Failure, neglect or refusal by a property owner to repair a sidewalk adjacent to the
owner's property, which was damaged by a tree on the owner's property.
13.28.180 Abatement of public nuisance—Trees maintained by city.
Street trees maintained by the City in parkway strips which constitute a public nuisance
shall be removed or trimmed as determined by the Director at City expense unless otherwise
provided in this chapter.
13.28.190 Abatement of public nuisance street trees—Trees privately maintained.
(a) Upon discovery of a public nuisance as defined in Section 13.28.170, the Director
shall notify the owner of the property or any other person responsible for the nuisance that the
nuisance shall be abated by the City at such person's expense unless they appear at the stated
time and place to show cause why there should be no abatement.
(b) The notice to appear shall be substantially in the following form:
NOTICE TO ABATE NUISANCE
YOU ARE HEREBY NOTIFIED as the owner, agent, lessee or other person occupying or
having control of the premises at (address), that the Director of Parks and Recreation has
determined pursuant to Subsection of Section 13.28.170 of the South San Francisco
Municipal Code that there exists upon the above-referenced premises a public nuisance,
specifically (description of condition constituting nuisance). A copy of Section 13.28.170 is
attached.
You are hereby required to abate this condition to the satisfaction of the Director of Parks and
Recreation within days of the date of this notice or to appear at the office of the
City Engineer at 400 Grand Avenue, South San Francisco, CA. at M. to
show cause, if any exists, why the condition should not be abated by the City, and the expenses
thereof charged to you as a personal obligation and/or made a lien upon the property.
Abatement is to be accomplished in the following manner: (description of what needs to be done
to remedy situation).
Director of Parks and Recreation
By:
(c) The Director shall post at least one copy of the notice in a conspicuous place on
the property in question. In addition, one copy of the notice shall be sent by certified mail to the
owner of the property and to any other persons responsible for the nuisance. The posting and
mailing shall be completed at least ten (10) days prior to the date scheduled for a hearing.
(d) After giving notice as required in subsection (c), the Director shall file a copy of
the notice, together with an affidavit or certificate stating the time and manner in which such
notice was given, in the office of the City Clerk. The failure of the owner or any other
responsible party to receive such notice shall not affect in any manner the validity of any
proceedings pursuant to this section.
(e) At the time and place designated in the notice, the Assistant City Manager, or his
or her designee, shall hear any relevant evidence offered by the owner or other responsible
person and may affirm, revoke or modify the Director's decision to abate.
(f) If the Director's decision to abate is affirmed, the owner or other responsible
person may file a written appeal to the City Manager within ten (10) days of the decision. An
appeal hearing shall be scheduled within ten (10) days of receipt of the appeal. After the appeal
hearing, the City Manager may affirm, revoke or modify the decision of Assistant City Manager.
The decision of the City Manager shall be final.
(g) The owner or responsible person shall be responsible for all costs incurred by the
City in abating the nuisance. In addition, any such costs may be imposed as a lien upon the
property. Costs shall be collected in the manner provided for in Sections 8.264.100 and
8.264.110 of this code.
(h) At any time prior to abatement by the City, the owner or responsible person may
abate the nuisance at their own cost provided that the abatement is accepted as satisfactory by the
Director.
13.28.200 Violation—Penalty.
Any person violating any provision of this chapter shall be guilty of an infraction and
upon conviction shall be subject to payment of a fine not to exceed the limits set forth in Section
36900 of the Government Code.
SECTION 2. Severability
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the
application of such part or provision to other persons or circumstances, shall not be affected
thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are
severable. The City Council of the City of South San Francisco hereby declares that it would
have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof
irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs,
sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 3. Publication and Effective Date
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council
meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the
Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within
fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the
summary, and (2) post in the City Clerk's Office a certified copy of the full text of this
Ordinance along with the names of those City Council members voting for and against this
Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and
after its adoption.
Introduced at a special meeting of the City Council of the City of South San Francisco,
held the 17th day of February, 2016.
Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the
City Council held the 9th day of March, 2016 by the following vote:
AYES: Councilmembers Karyl Matsumoto, Richard A. Garbarino, and Liza Normandy
Vice Mayor Pradeep Gupta and Mayor Mark N. Addiego
NOES: None
ABSTAIN: None
ABSENT: None
d
ATTEST:
-Iris . ell City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
ordinance this 9th day of March, 2016.
Mark Addieg., Mayor