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HomeMy WebLinkAbout0279O DINANCE NO. 279 (1964 Series) AN ORDINANCE REGULATING THE PLANTING, CARE AND REMOVAL OF TREES ON STREETS AND PUBLIC PLACES IN THE CITY OF SAN LOIS OBISPO B E IT O F D A I N E D by the Council of the City of San Luis Obispo as follows: SECTION 1. That Chapter 3, Article IV, entitled "Tree Regulations, " be added to the San Luis Obispo Municipal Code, to read as follows: SECTION 4300.. TREE REGULATIONS. Section 4300.1. Purpose That it is for the best interests of the City of San Luis Obispo and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in or which may overhang public streets within said City should be developed and established; and that this Ordinance is adopted, therefore, for the purpose of developing and providing for such a plan and program, and for the purpose of estab- lishing rules and regulations relating to the planting, care and maintenance of such trees. Section 4300.2. Definitions. The word "City" shall mean the City of San Luis Obispo, situated in the County of San Luis Obispo, State of California. The words "Park: Superintendent" or "Superintendent" shall mean the Superintendent of Parks and Recreation of the City of San Luis Obispo. The words "public streets" or "streets" shall include all roads, streets, avenues, boulevards, alleys, parkways, and public rights of way, or any portion thereof, of the City. Section 4300.3. Enforcing Authority. The Park Superintendent, or his duly authorized representative, shall be charged with the enforcement of this Ordinance. Section 4300.4. Master Tree List. The Tree Committee appointed by the Council, in cooperation with the Park Superintendent, is hereby charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which may overhang the public streets within the City. The Tree Committee shall also recommend a Tree Planting Plan for setting forth the types of trees to be planted in different portions of the City and a recommended program of tree planting by the City. When such �? 7g determination has been made the Tree Committee shall report their findings in writing to the City Council. 'When approved by the City Council said reports shall be known respectively as the faster Tree List and the Master Tree Plan, shall be placed on file in the office of the City Clerk, and shall thereafter be the official determination of the Tree Committee..evisions or changes in said List or Plan may be made from time to time by the Tree Committee, in the manner described herein- above. Section 4300.5. Planting Requirements. All trees hereafter planted in or within five (5) feet of the public streets of the City must be on the Master Tree List, unless a written permit from the Park Superintendent shall have first been obtained to plant a tree not on said list. Such permit shall set forth the type of tree, method of planting and maintenance, and any other conditions deemed proper by the Superintendent for planting of such tree and the person obtaining such permit shall comply with all the terms and conditions therefor. Section 4300.6. Maintenance. The Superintendent shall have supervision, direction and control of the care, trimming, removal, relocation and replacement of trees in the streets or public property owned or under the control of the City. It shall be unlawful for any person to so cut, trim, prune, spray, brace, or in any other manner to destroy or seriously damage any tree in the public street area or on property owned or con- trolled by the City. Section 4300.7. Public Utilities. Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State of California and any duly constituted public agency authorized to provide and providing utility service, shall be given a permit from the Superintendent, valid for one year from the date of issuance, per- mitting such person to trim, brace, remove or perform such other acts with respect to trees growing adjacent to the public streets of the City or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. Section 4300.8. Control of Trees on Easements. All existing trees located within public easements shall be so maintained by the owner of the property so as to prevent the roots from interfering with public pipelines and the limbs and branches from interfering with utility lines. -2- Section 4300.9. Removal of Trees. (a) Private Property. Any tree growing on private property which is en- dangering or, in the opinion of the Park Superintendent, constitutes an immediate danger to public streets or public places, or which in any way endangers the useful- ness of a public sewer, shall be removed by the owner of the property within fourteen (14) days after receipt of such notice from the Park Superintendent. In the event the property owner fails to remove or trim such trees within said time, the Park Superin- tendent may then remove or trim said tree and assess the cost thereof against the property owner. Ten (10) days prior notice of the hearing before the Council shall be given to the property owner and, upon confirmation by the Council, such cost shall become a lien on the property and the I'lesolution assessing such costs shall be recorded with the County Recorder's Office, or may be collected by court action. (b) Streets and Public Places.. No tree shall be removed from any public street or property owned or under the control of the City of San Luis Obispo without the prior written consent of the Park Superintendent. Such consent shall only be granted if the tree constitutes a hazard to property or persons using the adjoining streets, if its roots are causing excessive damage to the curb, gutters or sidewalks, or if it unduly interferes with the sewer system. Any tree being removed for the benefit of the adjoining property owner shall be removed and replaced with an approved tree at the adjoining property owner's expense. (c) Any tree planted by the City in the City right of way or required by the City in the public right of way after the effective date of this Ordinance, that must be re- moved because of type, growth habits or disease that do not meet future City stan- dards, must be removed and replaced at City expense. Section 4300.10. , Liability. Nothing contained herein shall be deemed to impose any liability upon the City, its officers, or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his property or under his control in such a condition as to prevent it from constituting a public nuisance. Section 4300.11. Any person aggrieved by any act or determination of the Park Superintend- ent in the exercise of the authority herein granted shall have the right of appeal to the City Council of the City, whose decision, after public hearing of said matter, shall be final and conclusive. IRII • r s Section 4300.12. Any person violating any of the provisions of this Ordinance or failing to comply with them shall be punished in accordance with Section 1200 of the San Luis Obispo Municipal Code. Section 4300.13. 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 Ordinance. SECTION 2. This Ordinance, together with the ayes and noes, shall be published once in full, at least three days before its final passage, in the Telegram- Tribune, a news- paper published and circulated in said City, and the same shall go into effect at the expiration of thirty days after its said final passage. I N T R O D U C E D A N D PA S S E D T O PR I N T this 6th day of January, 1964 by the following roll call vote: AYES: R. L. Graves, Jr.,' Donald Q. Miller, Clell W. Whelchel, Clay P. Davidson NOES: None ABSENT: Miss Margaret M. McNeil ATTEST: CITY-CLERK -4- 9"DRAFT ... AN.ORDINANCE REGULATING THE PLANTING, CARE AND REMOVAL OF TREES ON STREE'T'S AND PUBLIC PLACES IN THE CITY OF SAN LUIS B E I T O R D A I N E D by the Council of 'the City of San Luis Obispo as follows,- DRAFT SECTION 1. PURPOSE. That it ae for the best interests of the City of Saga Luis Obispo and of the citizens and public thereof that a comprehensive plan for the planftg and ma.imnance of trees in or which may overhang public strews within said City should be developed and estab- lished; and that this Ordinance is adopted, therefore, for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees. SECTION 2. DEFINITIONS. The ward "City" shall, mean the City of San Luis Obispo, situated in the County of San Lams Obispo, State of Californ a . The words "Park Suptirintendent" or "Superintendent" shall mean the Superintendent. of Parks and Recreation of the City of San Luls Obispo. The words "public streets" or "streets" shall include all reads, streets, avenues, boulevards, alleys, parkways, and public rights of way, or any portions thereof, of the City. SEC'T'ION 3. ENFORCING AL3THORITY. The Park Superintendent, or his duly authox- ized representative, shall be charged with the enforcement of this Ordinance. SEC'T'ION 4. MASTER TREE LIST, The Tree Committee appointed by the Council, in cocaperation with the Park Superintendent, is hereby charged with the duty of promptly determinating the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which, .may overhang the public streets within the City. The 'T'ree Committee shall also recommend. a Tree P1an:Ung Plan for setting 0. A. forth the types of trees to be planted in different portions of the City and a recommended program. of tree planting by the City. When suchldeterm na`don has been made the Tree Committee shad. report then- ferns in Ming to the City Council. When approved by the City Council said re = pom shall be known respectively as the Master Tree List and the Master Tree Plan, shall. be placed on fife in the office of the City Clerk, and shall thereafter be the official detenniva.tion of the Tree Committee. Revisions or changes in said List or Plan may be made from time to time by the Tree Committee, in the manner described hereinabove. SECTION 5. PLANTING REQUIREMENTS. All trees hereafter planted in cam-- :wry the public sueets of the City must be can the Master Tree list, unless a trXittten permit from the Park Superintendent shall hove fl.rst been obtained to plant a tree not on said list.1 e4 Such pernnit shall set forth the type of trees method of planting and maintenance, and any other conditions deemed proper by the Superintendent for planting of such tree and the person obtaining such permit shall comply with all the terms and conditions therefor. SECTION 6. MAINTENANCE.. The Superintendent shall have supervision, direction and control of the care, trimming, removal, relocation and replacemetit of trees in the streets or public property owned or under the control of the City. It shall be udawM for any person to so cut, trim, prune, sparay, bxnce, or in any c4her mmmer to destroy or seviousiy damage any true in the public street area or on property owned or conmoiled by the City. SECTION 7. PUBLIC U- nLITIESo Any person doing business as a public ufflity° subject. to the Jurisdiction of the public Utilities Commission of the State of Calffornia and any duly consdaned public agency authorized to provide and providing utility service, shall be given a permit from the Superinten&nt, valid for cube year from the crate of issuance, permitting Such person to trim, brace, remove or perform such ether acts with respect to trees growing ad- jacent to the pubbc smets of the City or which grow upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. -2 M��B, SECTION , CONTROL OF TREES 21SA1& i ,1CMt t? SECTION 10. LL&M IT`y. Nothing contained herein shall be deemed to impose any l ty upon the City, its officers, or employees, nor to relieve the ownex of any private property from the duty to keep any tree upon his grope -ty or under his control in such a condition as to prevent it from consUmAng a public nuisance. SECTION 11, Any person aggileved by any aft or determination of the Park Superintendent in the exercise of the authority herein gramted sha1X have the right of appeal to the City CmmcJl of the City, whose decision, after public hearing of said matter, shill be fiml and conclusive . SECTION iae Any persona violating any of the provisions of this Ordinance or failing is comply with them shall be pushed In accordance with Section 1200 of the Sara Leis Obispo Municipal Code. SECTION 13. if any sewn, subsection, sentence, clause or phrase of this Ordinance is, for any reason, held to be invalid or unconatkivtIQnal by the decision of any cows 0,iF competem ,ju risdicUon, such decision shah. Tact affect due validity of the remahzing Portions of the Ordace . Ri TRODUCEO AND PASSED TO Pte' this day of a by the foll(Aving roil call vote., -4- NOTICE ,OF PUBLIC HEARING NOTICE 18 HEREBY GIVEN that the City Council of the City of San Luis Obispo Will hold a public hearing on the introduction of an ordinance regulating the regulating the planting care and rennovtl of :trees on streets and Aublc places in the City„of San Luis Obispo. Copies of said proposed ordinance are on file in the City DClerk's Office for public inspection. Said public hearing will be held on Nonday, January 6, 1963, at 9:00 P. M. in the Council Chambers of the City Hall, 990 Palm Street; San Luis Obispo, California. BY ORDER OF THE CITY COUNCIL J. u" - FI ZPATRICK CITY CLERK ` l . December 5, 1963 K7110 A ND JM TO: Tree Committee Members FROM Qc Plarming Director 3 -1BJiCT: Tree Ordinance The City Council will hold public a hearing on the proposed tree ordinance a copy of which Was sent to you recently) on January;6 1 Please send me any comments you may have before that date, unless you intend to appear at the meeting. I DRAFT AN ORDINANCE REGULATING TIME PLANTING, CARE AND REMOVAL OF TREES ON STREETS AND PUBLIC PLACES IN THE CITY OF SAN LUIS OBISPO B E I T O R D A I N E D by the Council of the City of San Luis Obispo as follows: DRAFT SECTION 1. PURPOSE. That it Is for the best interests of the City of San Luis Obispo and of the citizens and pubic thereof that a comprehensive plan for the Plandng and maiMenance of trees in or which may overhang public streets within said City should be developed and estab- lished; and that this Ordinance is adopted, therefore, for the purpose of developing and prodding for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees. SECTION 2. DEFDWJONS. The word "City" shall mean the City of San Luis Obispo, sitmted in the County of San Luis Obispo, State of California. The words "Park Superintendent" or " SuperiRtenden't" shall mean the Superintendent of Parks and Recreation of the City of San Luis Obispo. The words "Public streets" or "streets" shall include all roads, streets, avenues, baule -ands, alleys, parkways, and public rights of way, or any portion thereof, of the City. SECTION 3. ENFORCING AUTHORITY. The Park Superintendent, or his duly author- iced representative, shall be charged with the enforcement of this Ordinance. SECTION 4. MASTER TREE LIST. The Tree Committee appointed by the Council, in cooperation with the Park Superintendent, is hereby charged with the duty of promptly determMi g the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which: -_may overhang the public sweets within the City. The Tree Committee shall also recommend a Tree Planting Flan for setting Barth the Hypes of tames to be peed In different portions of the Cliy and a recommended program oz tree punting by the City. When such determination has been made the Tree Committee small report their finder in. writing to the City Council. When approved by the City Comcil said re m ports shail be known respectively as the Faster Tree Last and the-Master Tree Plan, shall Tae placed can file In the office of the City Clerk, and shall thereafter be the official determination of the Tree Committee. Revisions or changes in said List or Plan Way be made from time to time by the Tree Committee, in the manner described hereinabove. SECTION 5. PLANTING REQUIREM,ENIS.All trees hereafter planted in or which may overhang the public streets of the City must be on the Master Tree list, Mess a written permit from the Park Superintended shall have first been obtained to plant a. tree not on said list. Such permit may be grated by the Superiateudent only upon his obtaining approval therefor from the City Council. Such permit shall set forth the type of tree, method of planting and maintenance, and any other conditions deemed proper by the Superintendent for planting of such tree and the Perm obtaining such permit shall comply with all the terms and conditions therefor. SECTION 6. M.AR4TENANCE. The Superintendent shalt have supervision, direction and control of the care, trimming, removal, relocation and replacement of trees in the streets or public property owned or under the control of the City. It shall be unlawful for any person to so cut, trim, prune, spray, brace, or in any other; mmmer to destroy or seriously damage any tree in the plc street area or an property owned or controlled by the City. SECTION 7. PUBLIC LMLITIESe Any person doing business as a public utility subject to the jurisdiction of the Public Utilities Commission of the State of California and any duly . constituted public agency authorized to provide and providing utility service, drill be given a permit from the Superintendent, valid for one year from the elate of issuance, permitting such person to trim, brace, remove or perform such ether acts with respect to trees growing ad- jacent to the public streets of the City or which grow upon private property to the extent that d%ey encroach upon such public streets as may be necessary to comply with the safety regulations of said Commission and as may be necessary to maintain the safe operation of its business. -2- SECTION 8. CONTROL OF 'TREES ON PRIVATE PROPER'T'Y AND EASEIVIEN TS. 'frees { wxthin the front seek area in residual zoned districts In the City, having trunks 6`° In diameter or greater, shall not be .removed without, a permit first obtained from the Park Superin- tendent unless such tree is diseased or constitutes a danger to structures, property or public use of adjoining mss. All existing trees located within public easements shall be so maintained by the owner of the property so as to prevent the roots from Interfering with public pipelines and the limbs and branches from interfering with utility lines. SECTION 9. REMOVAL OF 'TREES, (a) Private zty_► Any tree Mwing on private property which is endangering or, In the opinion of the Park Superintendent, co ustimes an immediate danger to public streets or public places, or which in any way endangers the usefulness of a. public sewer, shah be removed by the owner of the property within 14 days after receipt of such notice from the Park Superhmendent . In the event the property owner fails to remove or trim such gees within said time, the Park SuperImendent may then remove or trim said tree and assess the cost thereof against the property owner. 10 clays prior notice of the hearing before the Council shall be given to the propexy oxvwx and, capon confirmation by the Council, such cost shall become a lien on the property and the Resolution assessing such costs shall be recorded with the County Recorder's Office, or may be collected by coin action. W Streets and Public Places. No tree shall be removed from any public street or Property owned or under the control of the City of San Luis Obispo without the priors wrinen consent of the %rkSuPerhmendemt. Such consent shall only be granted if the tree constitutes a hazard to property or persons using the adjoining streets, if its roots are causing excessive damage to the curb, gutters or sidewalks, or if it mululy interferes with the sewer system. Any tree being removed for the benefit of the adjoining property owner shall be removed and replaced with an approved tree at the adjoining property overes expense. -3- r SECTION 10. LIABILITY. Nothing contained herein shall he deemed to Impose any liability upon the City, its officers, or employees, nor to relieve the owner of any private Property from the dutty to keep any tree upon his property or under. his carol in such a condition as to prevent it from constituing a public nuisance SECTION 11. Any person aggrieved by any act or of the Park Superh9endent in the exercise of the authority herein granted shall have the right of appeal to the City Council of the City, whose decision, after public hearing of said ratter, sball be Ural and conclusive . SECTION 12. Any person violating any of the provisions of this Ordinance or failing to comply with theta shall be punished in accordance with Section 1200 of the San Leis Obispo Municipal Code, SECTION 13. If any section, subsection, sedence, clause or phrase of this Ordinance is, for any reason, held to be invaUd or uncone tatianal by the decision of any comet or competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Ordinance. INTRODUCED AND PASSED TO PEINT this day of , by the following roll call vote: -4- OUTLINE OF PROPOSED ORDWANCE ON THE CARE, PLANTMIG AND REMOVAL OF TREES ON THE STREETS AND PWLIC PLACES OF THE CITY OF SAN LUIS OWSP0. 1. PURPOSE - To set forth a comprehensive plan for the planting, maintemuce and removal of trees. 2. DEFINME.ONS, - Define public street as including all, street xxi&-of-way and public place as all property owned or under the control of the Cft-y of San Luis Obispo. 3. ENFORCING AUTHORITY - Superintendent of Parks and Recreation. 4. MASTER TREE LIST - Setting forth duty of the Tree Committee to pxepare a list of approved types of trees for planting in the public streets and public DISCes; pzo- Wde for periodic --review and a provision for a neighborhood by pedtion'to speal y a certain type of tree to be planted in their area. S. MAINTENANCE - This provision can put an affirmative duty on the Parks and Recreation Depaxtment or, on the negative approach, can preveut any owner from injuring, mutilat1mgear destroying any tree in the public rigAt-of -way and could pxo- vide an aWmmative duty on the adjoining property wimer to maintaft the tree. In addition, permits could be required to prune or trim any tree, with blanket permission given to the public udlityw"Idies to tzim trees interfering with lx weer. Raes so long as they do not destroy them. 6. HOUSE MOVING OR CONSTRUCTION - Could require a permit whenever house moving or consmuction and injure trees in the public ri& -off -way. 7. REMOVAL OF TREES - Provide standards fox removing trees in the public streeu A. When It constitutes a hamrdbo B. When the roots are breaking up the sidewalk or curb; C. If a tree on privatte propexty endangers health, safety or Property of the public milizing., the street. . 8. PLANTING REQUIREMENTS - Require permit from the Parks and Recreation Department for planting, trees in public right-of-way, limited to trees from the approved 1&ster List, with the Park Department to provide s=dards for planting. 9. UNLAWFUL ACTS - Making violatton of any provision unlawful and punishable by fine or imprisonment-, also prohibiting avaching of signs, gopes and unnecessary wires to trees; prohlb-Iting dumping of any substance dWeterlous to tree We or mutilation or injury of such trees. 10. APPEAL - Provide that any action, taken by the Parks and Recreation Department or the Tree Committee can be appealed to the CouncU. November' 4,, 1953