Loading...
O 184 . ~ . ORDINANCE NO. / Y j/ l}.N ORDINANCE OF THE CITY OF ARil.OYO GHANDE, CALIFORNIA ESTABLISHING CONTROL OF AND PRE- SCRIBING REGUlATIONS FOR PARK AND STREi~'T TREBS, SHRUBS AJ:.i'D OTID~R PIANTS: PROVIDING FOR THZ ISSUhNCZ OF PErelITS IN CONNECTION HEREWITH AND PRESCRIBING PENALTIES FOR THZ VIOIATION OF SAID ORDINANCE. THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE DOi!:S ORDAIN AS FOLLOWS: SECTION l. PURPOSES. The City of Arroyo Grande in order to promote the best interests of the community and its citizens has hereby control of all trees and shrubs now or hereafter in or overhanging any street, park or public place in the City and shall have the power to plant, care for and maintain such trees and shrubs; this contains a comprehensive plan for such planting, care and maintenance. SECTION 2. DEFINITI0l-1S. 2.1 Person - includes an ihdividual, firm, association, corpor- ation, partnership and the lessees, trustees, receivers, agents, ser- vants and employees of any such person. 2.2 Streets - includes all roads, streets, avenUes, boulevards, alleys, parkways and pUblic rights of way of the City. 2.3 Parks - includes all parks to which names have been given by action of the City Council. 2.4 Public Places - includes all grounds other than streets or parks owned by the City. 2.5 Tree - includes any woody perennial plant having a single main axis or-stem commonly achieving at least ten feet in height. 2.6 Shrub - includes any woody perennial plant, normally low, ';!e~eral stemmed, adaptable to shaping, trimming and pruning without ~nJury. 2.7 Plant - includes trees, shrubs and all other plant material, nonwoody, annual or perennial in nature. 2.8 Street Trees and Shrubs - includes any tree or shrub in any street, park or public place in the City of Arroyo Grande. 2.9 Public Utility Easement - includes those areas designated on recorded subd~v~sion maps along re&r lot lines as such. 2.10 'Hainte.nance - includes pruning, spraying, fertilizing, staking, irrigating, treating for dise.ase. or injury and any other similar acts which promote the life, gro~~h, health or beauty of trees or shrubs. 2.11 City - The City of Arroyo Grande. SECTION 3. PERMITS SHALT. BE RSQUIRED FOR TH.!: FOLLOWING PURPOSES: 3.1 To plant, cut, trim, prune, spray, brace, or replace any tree in the "Stre.ets" of the City. See section 7 hereof for regul- ations relating to removal, cutting down or destruction of any street tree. 3.2 To fasten any sign, wire, rope or injurious material to any tree in the "Streets" of the City. 3.3 To plant any of the trees listed in Section 4.5 within the City. 3.4 Removal of trees as set forth in Section 7. -1- , - -- .. SZCTION 4. ISSUANCE AND LIMITATIONS OF PZRl1ITS. 4.1 Any person desiring to do any of the work described in Sections 3 and 7 hereof, may apply for a permit to do so. The applicant shall state the nature of the work and the location where and when it will be done. 4.2 A permit shall be issued authorizing so much of the work as: 4.2-1 Will not create, continue or aggravate any hazardous condition, or public nuisance. 4.2-2 Will not prevent or interfere with the growth, location or planting of trees in the streets. 4.2-3 Is consistant with the planting plan being followed by the City. 4.3 Such permit shall be processed and issued through the City Director of Public Works of the City. 4.4 All trees hereafter planted in any public planting strip or other place in the public streets shall conform as to species, spacing and location as directed by the Director of Public Works with City Council approval. Only trees that are adaptable and suitable for planting in the varied widths and planting strips areas shall be allowed and any tree found to be unsuitable shall be ex- cluded. 4.5 It shall be unlawful to plant willow, cottonwood, elm, except ulmus parvifolia-evergreen elm, tree of heaven or poplar trees any place in the City of Arroyo Grande unless the Director of Public Works approves the site as one where the tree roots will not likely interfere with a public sewer. 4.6 The City shall have the power to request that trees may not be planted in streets, parks or public places until such trees have been inspected and approved, by the County Agriculture Commiss- ion or other state or local official, which said official may from time to time be designated by Resolution of the City Council of the City of Arroyo Grande. SZCTION 5. PUBLIC NUISANCE. 5.1 The following are, for the purposes hereof, defined to be public nuisances: 5.1-1 Any dead, diseased, infested or dying tree on any private property so near to any street tree as to constitute a danger to street trees, or streets or portions thereof. 5.1-2 Any tree or shrub on any private property or in any street, of a type or species apt to destroy, impair or otherwise interfere with any street improvements, sidewalks, curbs, street trees, gutters, sewers or water mains. This provision shall not apply to any tree planted in accordance with the then current approved tree list of the City of Arroyo Grande nor to any tree planted prior to the existence of an approved tree list. 5.1-3 The City Council may, from time to time, adopt by Resolution a listing of trees currently approved for planting under the provisions of this ordinance. 5.1-4 Within the thirty foot triangle of private property at the intersection on any street improved for vehicular traffic, any tree limb, shrub or other plant reaching a height more than three feet above the curb grade adjacent thereto, except tree trunks having no limbs lower than eight feet above curb grade. 5.1-5 Vines or climbing plants growing into or over any street tree, or any public hydrant, pole or electrolier. -2- ," '" 4.3-1 Notwithstanding any other provision herein con- tained, in cases of emergency public utilities doing business within the City may remove limbs from trees and shrubs to main- tain customer service without the necessity of first obtaining a permit. Such utility shall, however, give a written report of such work to the office of the Director of Public Works of the City within three days following such emergency main- tainance work. -2A- - ---- -, . 5.1-6 The existence of any branches, or foliage which interfere with visibility on, or free use of, or a~cess to, any portion of any street improved for vehicular or pedestrian travel. SECTION 6. ABATEHENT OF PUTlLIC NUISANCES. 6.1 The City Council may declare by aesolution as public nuisances those items herein provided for in Section 5. The resol- ution shall refer to the property upon which such nuisance may exist by its commonly known address, and describe the property upon which the nuisance may exist by giving its lot and block number according to the official or city assessment map. 6.2 After passage of the Resolution, the Director of Public Works of the City shall cause one or more notices to be conspicuously posted on or in front of the property on or in front of which the nuisance exists, and a copy of the notice mailed to the person or persons to whom the property was assessed on the last tax assessment ro 11. 6.3 The notice shall describe the condition, state the work necessary to remedy the condition; shall specify the time within which the work must be performed; and substantially the following provis ion: "All property owners having any objection to the provis- ions of this notice are hereby notified to attend a meeting of the City Council of the City of Arroyo Grande to be held (give date), when their objection. will be heard and given due consideration." The notice shall be posted at least five days prior to expiration of the time within which the work must be performed. 6.4 At the time stated in the notice, the legislative body shall hear and consider all objections to the provisions of the notice. It may continue the hearing from time to time. By motion or Resolut- ion at the conclusion of the hearing the legislative body shall allow or overrule any objections. At that time the City Council may pro- ceed to perform the work. 6.5 If objections have not been made or after the City Council has disposed of those made, it shall order the Director of Public Works to abate the nuisance by having such work set forth in the notice performed. The order shall be made by motion or resolution. 6.6 The Director of Public Works may enter upon private property to abate the nuisance. 6.7 Before the Director of Public Works arrives, any property owner may perform the work at his own expense. 6.8 The superintendent shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. 6.9 A copy of the report shall be posted for at least three days prior to its submission to the City Council on the Bulletin Board located in the City Hall, with a notice of the time of sub- mission. 6.10 At the time fixed for receiving and considering the re- port, the City Council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The City Council shall then confirm the report by motion or resolution. 6.11 The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel. 6.12 After confirmation of the report, a copy shall be given to the city assessor and the tax collector, who shall add the amount of the assessment to the next regular tax bill levied against the parce l. -3- 6.13' If the County Assessor and the Tax Collector assess property and collect taxes for the City, a certified copy of the re- port shall be filed with the County Auditor on or before August 10th. 6.14 The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of fore- closure and sale provided for ordinary municipal taxes. 6.15 The City Clerk may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until 10 days before a copy is given to the City Assessor . and Tax Collector, or where a certified copy is filed with the County Auditor, until August 1st following the confirmation of the report. 6.16 The. City Council may order refunded all or part of a tax paid pursuant to this article if it finds that all or part of the tax has been erroneously levied. A ta~ or part shall not be refunded unless a craim is filed with the City Clerk on or before March 1st after the tax became due and payable. The claim shall be verified. SECTION 7. REMOVAL OF TREES. It shall be unlawful for any person, firm or corporation to cut down, remove or destroy any tree now growing or which may hereafter be grown upon any public street, park or public place within the City, without first securing a permit to do so from the Director of Public Works of the City. Application for a permit to cut down, remove, or destroy any tree growing upon any street, park or public place within the City shall be addressed to the Director of Public Works of the City and shall be filed in the office of the City Director of Public Works of the City and shall be accompanied by a deposit in such amount as may, from time to time, be established by Resolution of the City Council. No tree shall be removed as hereinabove described until a permit has been obtained as herein provided. The fee for the issuance of the permit shall be established from time to time by Resolution of the City Council. In the event the permit is not issued, the deposit shall be refunded. SECTION 8. REMOVAL CO~~ITIONS. In the event that the permit for the removal of any tree is issued, the fee for the permit to remove the said tree shall be re- funded on condition: (a) That the tree removed be replaced within 30 days after its removal with a tree on the current approved list of the City of Arroyo Grande, or of a variety approved by the Director of Public Works of the City of Arroyo Grande, or (b) That the tree removed was removed in order to make room for the construction of a driveway and that there was no remaining available space for a tree upon the parkway fronting upon the property on which the driveway was to be constructed, or (c) That the tree removed was removed in order to make room for a building, or (d) That the tree removed was removed because it constitut- ed a traffic hazard, or (e) That the tree removed was removed to provide proper spacing for the remaining trees. Prior to the refund of any fee for a permit to remove a tree, the applicant shall procure from the Department of Public Works of the City a certificate that all of the conditions of the permit and at least one of the conditions hereinabove enumerated have been complied with. It shall be the duty of the Department of Public Works of the City, upon request of the applicant, to investigate to determine that said conditions have been complied with. -4- - . SECTION 9. INTERFERENCE WITH ENFORCENENT OF ORDINANCE. 9.1 No parson shall interfere with or delay the authorized representatives of the City from the execution and enforcement of this ordinance, except as provided by law. 9.2 The Director of Public Works of the City of Arroyo Grande, or his duly authorized representative; shall be charged with the enforcement of this ordinance. SECTION 10. REGUlATIONS CONCERNING CULTURAL PRACTICES OF PlANTS. The City Council may adopt by resolution regulations prescribing standards of landscaping and planting of streets, parks and public places within the City of Arroyo Grande. A copy of said regulations shall be available for public inspection upon request, and all work performed in streets, parks or public places shall be performed in accordance therewith. SECTION ll. BUILDING OR UTILITY INSTALIATION. During the erection, repair, alteration or removal of any build- ing, house, or structure good and sufficient guards shall be placed to prevent injury, damage, or defacement to any park or street tree in the vicinity of such operation. SECTION 12. PROHIBITION OF INJURIOUS PRACTIC2S. No person, firm or corporation shall cause, authorize or permit any brine water, oil, liquid dye or other substance deleterious to plant life, to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub, or other plants in any street, park, boulevard, alley or public place of the City, or onto any side- walk, road, or pavement within said City at a point from which such substance may be lying upon or by flowing, dripping or seeping into such soil injure such tree, shrub or other plants. No person, firm or corporation without the approval of the Director of Public Works, shall place or maintain any stone, cement or other substance so that it shall impede the free access of water or air to the roots of any tree, shrub or other plants in any street, park, boulevard, alley or public place of the City. SECTION 13. RZSPONSIBIUTY OF PROPERTY OWN~R. 13.1 Nothing contained herein shall relieve the property owner from the responsibility to keep any tree, shrub or other plants in such a condition as to prevent it from constituting a hazard or an impediment to vision or travel upon any street, park or public place in the City. 13.2 Where a permit for the planting of a tree has been issued under the provisions of this Ordinance, owners of private property shall properly maintain and water such trees in streets and parkways immediately adjacent to their property. In the event any such owner, or their SUccessor in interest should fail to so properly maintain and water such trees, such main- tenance and watering may, at the City's option, be done by the City at such owners' expense. The City shall be rellnbursed for such ex- pense at such rate for personnel, equipment and materials, as the City Council may from tllne to time by resolution determine. SECTION 14. VIOlATION AND PENALTY. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punishable by a fine of not exceeding $500.00, or by llnprison. ment not exceeding six months" or by both such fine and imprisonment. -5- --.- ---- - . ~ . - SECTION 15. If any section, subsection, sentence, clause or phrase of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the ord- inance. The City Council hereby declares that it would have passed this Ordinance and each section, subsection, clause, sentence or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses or phrases be declared unconstitution- al. SECTION 16. All ordinances and/or parts of ordinances in conflict with this ordinance to the extent the same are in conflict herewith are repealed. SECTION 17. This ordinance shall take effect and be in full force and effect thirty (30) days after its passage, and within fifteen (15) days after its passage it shall be published once, together with the names of the Councilmen voting for and against it in the Herald Recorder, a newspaper circulated and published in the City of Arroyo Grande, County of San Luis Obispo, State of California. (]. -~...- -6- -- . . . # ..-"- ,.,....." M On mo-::ion of Courd1man J"". .J ',. .,' >\nd seconded by Councilman I/IlL_Q..., , and onche following roll call vote, to-wit: AYES: .. - 'A T11J11'IV. ..... 1 - II. I..d. _ t" ..J!S ... NOES: __ ABSENT: .... the foregoing Ordinance was adopted this --.- day of -- - , 19a . ~~ a: p~ MAYOR ATrFST'.~d, I, POLLY S. MILLER, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify that the foregoing Ordinance No. .- is a true, full and correct copy of said Ordinance passed and adopted by the City Council of the City of Arroyo Grande at a regular meeting of said Council on the ... day of "- - ,. , 1963. WITNESS my hand and the seal of the City of Arroyo Grande affixed this ..... day of 11 .. , 1963. ~k -!r ~.:;;t 1.~yo Or"" (seal)