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HomeMy WebLinkAboutOrd 815-1980 ORDINaNcE NO. 815-80 AN ORDINANCE REGULATING PLANTING AND HAINTENANCE ' OF STREET TREES AND RELATED HATTERS The City Council of the City of South San Francisco does ordain as fol lows: Section' 1. Short Tltle. This ordinance shall be known and cited as the "Street Tree Ordinance of the City of South San Francisco." Section 2. Deflnltlons. For the rurpose'of this ordinance, the following terms, ~ords, phrases, and their derivations shall have the meaning given herein. (al The word "shall" is mandatory, and the word "may" Is permissive. (b) "City" is the Clty of South San Francisco. (c) "Director" Is the Director of Parks and Recreation of the City of South San Francisco or his representative. (d) "Person" is any Person, firm, partnership, association. corporation, company, or organlzatlon of any kind. (el "Street Trees" are 'trees In a public area along a City street. (fl "Official Street Trees" are those designated by the Director and In the current Official Street Tree list, in accordance with the provisions of this Ordinance. (gl "Preservation" shall mean acts to promote the life, growth, health, or beauty of trees, shrubs, or plants, Including, but not limited to, pruning, trimmlng~ topping, root prunlng, spraying, mulching, fertilizing, cultivating, supporting, and - I - treating for disease or injury. CENTRAl' RECORD~ (h) "Owner of the Property" is a person as defined herein, who owns a fee simple interest or surface e•~sement in the property on which a street tree is planted. ,~A (i) "Parkway Strip" is an area designated or existing in the public area between the curb and edge of sidewalk on a City streetr which abuts an owners property. (J) "Public Area" is the City right-of-way between the curb or edge of pavement and the property line along a City street. Section 3. Authority of Director. The Director shall have at,thority to administer the provisions of this Ordinance regarding trees planted or growing in public areas witFiin the City. Section 4. Street Tree Preservation Policy. (a) 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 inclucing, 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. (b) Director's Authority. The Director is authorized to determine feasibility of preserving all t:rf~es on public property or removal, therefrom and upon so determining 1:o undertake the preservation or removal. (c) Property Owner's Responsibility. A property owner and/or the occupant thereof, shall be responsible for the normal care, including watering, of trees, shrubs, anti ~~lants in the Parkway Strip abutting saFd property and upon any public tree easement across or through said property. GESiTRAL RECORDS ~ / - - F 1 LE N O.: ~.,,, ,.,,,. ,N..r~&~ 2 (d) Interference wlth City Employees, Agents, Contractors or Representatives. No person shall interfere with or cause or permit any person to Interfere with Clty employees, agents, contractors or representatives, who are engaged in the planting, preserving, malntalnlng, treating or removing of any tree or plant or related work In, the City. Section 5. Planting, Removal and Halntenance of Street Trees. (al Official Street Trees. No person shall plant, trlm, prune, or remove any Official Street Tree in any public area along-a:Ctty street, without a permit from the Director of Parks & Recreation. (bi Removal of Damaged Street Trees. Street trees may be removed by the Director of Parks & Recreation If the street tree is damaged or destroyed to protect other trees, shrubs o~ plants from damage or injurious Infection or in the interest of public safety. (c) Unauthorized Plantings. (I) No person shall plant any tree, shrub or ~lant in any public property of the City or public tree easement without written permission of the Director. (2) 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 remo.val, and ~stablishing a reasonable time of not less than lq 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 ) -3- and expense, as provided in this Ordinance. in the event the removal is not accomplished within the specified time, which may be reasonably extended by the Director of Parks & Recreation, the Director may remove the trees, shrubs or plants at the property o~mer's cost and expense which shall include but not be llmited to cost of labor, equipment, materials and actual overhead expense. Upon determining the costs to be assessed, the Director of Parks and Recreation shall by written notice inform the property owner of the cost, detalllng the items of labor, equipment, materials and overhead and cost thereof and advise the o~ner that unless payment is made to the City wlthln 30 days, same shall be collected as a debt in an appropriate civil action or assessed as a lien against the o~ner's property as provided in this Ordinance. (d) Residential Property O~ner's Option. Any resldential property o~ner may request that a tree on the Haster Tree List be planted in the front yard setback instead of the abutting parkway. The Director may plant such tree provided that such property o~ner grants a publlc tree easement to the City of .1j~__feet width o~er the front yard setback, or other dimensions acceptable to the City for tree sites and access over the front yard setback to such public tree easement site for the purpose of planting, preserving or other- wise maintaining the tree and, if necessary, removal thereof. (il The City, acting through the Director, Is granted the right of access to such front yard setback solely for the purpose of planting, preserving, and, if necessary, removal of such tree. CENTRAL RECORDS I I 1 II (el Construction Areas. (!) If any proposed work of construction, Improvement, demolition or any other work on or adjacent to public property required removal of a tree planted on said property, the person undertaking said work and the contractor shall apply t~ the Director for a permit to remove the tree. The Director may issue such a permit on condltion that the applicant at his cost and expense replaces the tree'with one of the same size and specie in a location deslgnated by the Director; The 0irector may authorize an alternate size and specie. Applicant shall secure the performance of this condition by a deposit wlth the Director sufficient to pay the cost thereof, which shall be returned to the appllcant upon approved completion of the replacement. If a person performs work of construction, Improve- ment, demolition or any other work adjacent to public property and In so doing removes without a permit a tree planted on said 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 specie. The Director may authorize an alternate size or specie. The replacement of the tree shall not bar any additional remedies or penalties provided for In this Ordinance. (2) No person shall excavate any ditches, tunnels or trenches or install pavement within a radius of four feet from any public tree without written permlssiJn of the Director. A person performing any work of excavation or construction on any street or publlcally owned property shall guard and protect the CENTRAL RECORDS Ft~E NO.: ......... ~ ..... tree so as to prevent Injury thereof. If such person damages or injures the tree, the Director shall charge sald person the cost thereof or requlre replacement with the same size and specie at a site designated by the Director at said person's cost and expense. Section,6. Parkway Beautification. (al Policy. It shall be the policy of the City to maintain the b~auty of Its parkways. The Dlrector..is authorized to establish programs to malntaln the City's parkways. (bi Responsibility of O~ner or Occupant. The o~ner 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. (c) Paving of Parkway Strips. In all residential districts where Parkway Strips exist between slde~alk and curb, permission may be granted to the adjoining property c~mer by the Director, wlth the assent of the Director of Public Services, for paving or covering all or part of the strip except for designated unpaved spaces with a minimum of two (2) feet by two (2) feet to a maximum of four (hi feet by four (hi feet square or with an opening of thirty-slx Inches in diameter for the planting of a street tree. Such unpaved spaces shall be designated by the Director. Where driveways are so located as to make planting impractical, the Director may designate an appropriate locationJ The Director is hereby authorized to prepare regulations to apply to the Issuance of permits for paving or covering Parkway Strips but not limlted to: width of Parkway Strip; reasonableness of existing conditions or requlred modifications thereof to carry out cENTRAL RECORDS the purposes and Intent of this Ordinance, number of existing or proposed trees; location of driveways, location of public utility services; proximlty to commercially zoned districts. Section 7. Street Tree Master Plan (al The Director shall develop a comprehensive plan of Official Street Trees for all streets of the City where planting areas are ava'liable and provided for trees. The plan may be revised from time to,time and shall be revlewed 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 Council for that purpose. (c) t~here the condltt°nof a tree, or the unfitness of a tree, or the condition of other publlc Improvements adjacent to a tree make replacement necessary or desirable, the Dlrector ls authorized to remove such tree and replace It with One In accordance with the Street Tree Master Plan. Section 8. Maintenance of List of Trees Causlnq Damage to Public Property:~The Director of Parks & Recreation shall maintain a list of trees which have caused damage to adjacent sidewalks, Interfered wlth drainage fimvs and gutters or interfered with traffic In adjacent streets. The Director shall confer With the Director of Public Services 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. Section 9. Abuse or MutIlatlon of Trees. No person shall (al damage, cut, carve, or InJure the bark of any street tree,; (b) to attach any slgn~ wire or InJurious material to any street tree; (c).to cause or permit any wire charged with electricity to come In contact with any street tree; or - 7 - (d) to 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 tree; (el or to allo~ ivy or any other vines to cling or to climb up any part of any street tree. Section 10. Public Nuisances. The following are declared to be public nuisances: (al 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 other~vlse interferes with any.street Improvements, sldewalks, curbs, approved street trees, gutters, se~ers, or other publlc Improvements includlng 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 Clty limits which is infested, Infected, or In danger of becoming Infested or infected with injurious insects, scales, fungus, or growth. (el The existence of any branches or foliage on private property which Interfere with vlsablllty on, or free use of, or access tot any portion of any street Improved for vehicular or pedestrian travel. (fl Hedges or dense thorny shrubs and plants on any street or Parkway Strip or part thereof. -8- CENTRAL RECORDS FILE NO ....................... ' · (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 of Public Services. (1) The placing or malntenance within any City right-of-way or po~tlon thereof, of any solid landscaping, decorative materlals, or plantlngs, 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 (2) 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. ~1)' Removal from or planting, trimming or pruning an official street tree on any public area along a City street without a written permit from the Director. ° 9 - cENTRAL RECORDS (a) Initiation of Proceedings. (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 public tree without a written permit from the Director. (o) Failure, neglect or refusal to guard and protect a public tree whlle performing any work of excavation or construction on any street or publically 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 said property, Including but not limited to perlodic and regular waterfng 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 trees as set forth in Section ~ of this Ordinance. (s) Failure, neglect or refusal by a property owner to repair a sidewalk adjacent to said owner's property, which was damaged by a tree on said ownerls property. Section 11. Abatement of Public Nuisance - City Halnta~ned Trees (a) 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 e×pense unless otherwise provided in this Ordinance. Section 12. Abatement of Public Nuisance - General The Director of Public Services - lO- .CENTRAL RECORDS shall Initiate proceedings to abate or correct a public nuisance by glvlng notice as hereinafter provided. (b) Notice. The notice to appear shall be personally served and posted as follows: (I) by personally serving the notice upon the person responsible for the nuisance and the owners tenant or other person in possession or control of private property adjacent thereto and adjacent to the public sidewalk, street or other thoroughfare on the same side and In front of the premises upon which or abutting the public place on which the nuisance exists, (c) Form of Notice. The heading of the not[ce shall read "NOTICE TO ABATE NUISANCE" in letters of not less than 3/h inch in height and the notice shall be substantially In the form as follows: TO: NOTICE TO ABATE NUISANCE YOU ARE HEREBY NOTIFIED THAT: 1. The following public nuisance exists: (Place and description of nuisances) 2. The public nuisance was caused by or results from ~Oescribe cause of nuisance) -I1- CENTRAL RECORDS' City Ordinance Section prohibits maintenance of such publlc nulsance and · requires abatement. A copy of the applicable Ordinance section Is attached for your information. A complete copy of the Ordinance is available for your revle~ In the office, of the Director of Parks & Recreation, 753 Del Honte Avenue, South San Francisco, Callfornla and the office of the City Clerk, 400 Grand Avenue, South 5an Francisco, California. You are hereby required to abate or correct the public nuisance within days from and after receipt of this Notice or the Director of Parks & Recreation will cause abatement threrof at your cost and expense to be collected In an appropriate clvil action or assessed as a lien against the parcel of property kncavn as (Street Address) In the City of South San FranciSco; San Mated County, California, and described as follows: (Assessor's Parcel No. and Legal Descrlptio~) You may appear before the Director of Parks and Recreation on or before the day of , 19 to protest this Notlce andLshow cause why It sh~U'ld not be Implemented or for,.the purpose of reason- ably scheduling abatement or correction of the publ|c nuisance. If you do not so appear, it shall be deemed a waiver of your right to protest or schedule abatement and the Director of Parks & Recreation will proceed to abate the nuisance as provided In Ordinance No. at your cost and expense, which is collectible pursuant to said Ordinance by an appropriate legal action or assessment on the parcel of property described In Paragraph ~ of this Notice. If you do appear and do not accept the determination of the Director of Parks & Recreation with respect to your protest, you may file a written appear with the City Manager within ten days after receiving said determination. The City Manager upon receipt' of your appeal will set .and conduct a hearing within 30 days thereafter for the purpose of approving, modifying or disapproving the Director of Parks & Recreation's determination. DATED , at South San Francisco, California - I2- Director of Parks & Recreation CEN~'RAL REGORDg FILE ................................... (d) Affidavit of Service. The Director of Parks & Recreation or person designated to personally serve and post the notice shall file an affidavit wtth the City Clerk certifying that (I) Personal service was made on the date recited ~hereln by registered or certified mall or personally delivered to the named person or persons and (2) Posted on the date thereln recited at the places described therein as set forth In Section of this Ordinance. (e) Protest Hearing. At the time set in the Notice for protest the Director of Parks & Recreation shall hear the protest and or proposed schedule for abatement or correction of the nuisance. The protest hearing may be reasonably continued by the Director of Parks & Recreation. Based on relevant facts the Director of Parks S Recreation may (I) reject the protest and In writing inform the protestant that the provisions of the notice will continue In effect or (2) allc~v the protest In whole or tn part and in writing inform the protestant regarding that determination. The Director of Parks S Recreation shall also Inform the protestant In writing that a written appeal' may be flled with the City Manager within I0 days after issuance of the rejection or determination. (f) Appeal to the City Manager. Upon receipt of the appeal, the City Manager shall set a hearlng and give written notice thereof to the appellant and the Director of Parks s Recreation. The City Hanager shall hold a hearing on the date set or as reasonably continued, consider the evidence presented and order approval, modification or disapproval of the Director of Parks - 13- and Recreation*s rejection or determination and give notice thereof to the appellant and the Director of Parks & Recreation, lncludlng In said notice advice of further actions to carry out the order. (g) Actlons Following the City Manager*s Order. If the City Manager approves the Director of Parks & Recreatlon~s protest rejection or modifies hls determination, the Director of Parks & Recreation within 15 days thereafter shall cause the nuisance to be abated as Noticed or In accordance with the modification, whichever is appllcable. The appellant may abate the nuisance if same is done prior to the undertaking to abate by the Director of Parks & Recreation. If the City Manager disapproves the Director of Parks & RecreatlonSs protest rejection or determination, the Director of Parks & Recreation shall take no further act. ion or proceedings with respect to the Notlce to Abate. (h) Record of Abatement Cost and Expense. The Director of Parks & Recreation shall keep an accurate account of the Items of ~ork and cost thereof and o~erhead e~pense incurred In abating the nuisance. Section 13. Infraction - Penalty. Any person violating any of provisions or falling to comply with any of the mandatory requirements of this Ordinance shall be guilty of an infraction. Any person Convicted of an infraction for violation of this Ordinance is punlshable by (Ii a fine not exceeding Fifty Dollars for a first violation; (2) a fine not exceeding One Hundred Dollars for a second violation of this Ordinance wlthln one year; (3) a fine not exceeding Two Hundred Fifty Dollars for each additional violation of thls Ordinance within one year. Section 14. ~everablllty. If any section, subsection, phrase or clause of thls Ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of thi's Ordinance. The City Council hereby declares that It would have passed this Ordinance and each section, subsection, phrase and clause thereof irrespective of the fact that any one or more sections, sub- sections, clauses or phrases be declared unconstitutional. Section 15. Publlcatlon and Effective Date. This Ordinance shall be published once in the Enterprise-Journal, a newspaper of general circulation In the City of South San Francisco, as requlred by law, and shall become effective thirty (30) days from and after Its adoption. at a regular San Francisco this following vote: Introduced this ._Zjld~da¥ of apr11 , 1980. Passed and adopted as an Ordinance of the City of South San Francisco meeting of the City Council of the City of 5outh 1Rth da~ of April 1980, by the AYES: C~,,nct1~fl P~nald G. Acosta. Mark N. Addte~lo. E~anuele N. Om0nte, n~ Ntcolol~,los; ~d C~,qct1~n R~e~a ~rrt Teglla NOES: ABSENT: ATTEST: City Cle'r~ ' ~ As Mayor of the City of South San Francisco, I do hereby approve the foregoing Ordinance this 16th Mayor