HomeMy WebLinkAboutORD-03-97 Amend Ch 12.28 Street Tree Plantings, Removals, and MaintenanceORD]NANCE NO. 3-
97 AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF ORANGE AMENDING CHAPTER ]2.28
OF THE ORANGE MUNICIPAL CODE
REGARDING STREET TREE PLANTlNGS, REMOVALS
AND
MAINTENANCE.WHEREAS, the City Council desires to amend Chapter12.18 of the Code of the City
of Orange 1:0 provide a uniform method of administering the City's Street Tree
Program;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ORANGE
HEREBY ORDAINS AS
FOLLOWS:SECTION
I:Chapter12.28 of the Orange Municipal Code is hereby
repealed.SECTION
II:Chapter12.28 is hereby added to the OrangeI'vltmicipal Code as
follows:CHAPTER ]2.
28 STREET
TREES
Sections:12.28.
07012.28.
08012.28.
09012.28.
10012.28.
110 12.28.
120 12.28.
130 12.28.
140
Definitions Permit - Required for Removal or Planting
Specification - Permits PennitFee
Permit -
Public utilities and Public Agencies Public
Liability and Property Damage Insurance
Required Subdivision
and Land Division - Tree Planting Inspection and
Correction of Hazards Prohibited Acts
Recommended Street
Trees Adoption of
a Master Street Tree Plan AppcalofDecisions Violation -
Misdemeanor
Violation Deemed - Nuisarlce -
Abatement 12.28.010 12.28.
020 12.28.
030 12.28.
040 12.28.
050 12.28.
060
12.28.010 Definitions. For the purpose of this Chapter, the following words and
phrases shall have the meaniugs respectively ascribed to them by this section:
A. "Curb" shall mean a concrete or asphalt edging which defines the edge of paved
street and may, but need not, provide drainage.
B. "Ground Cover" shall mean any plant less than 12" in height.
C. "Gutter" shall mean a depressed, hard-surfaced area for conveying surface
water.D. "Hedge" shall mean any group of shrubs planted in line or in groups so that
the branches of anyone plant are intermingled or contact the branches of any other plant in the
line or
group.E. "Landscape Maintenance" includes, but is not limited to, maintaining trees,
shrubs,hedges and ground covers, through deep root watering; root pruning; installation of
root barriers; clearance and structural trimming; fertilization; pests control; removal of
branches,leaves and other debris whether dead or dying; removal, filling, and replacement
oflandscaping within parkways; and all other work necessary to ensure the tree, shrub, hedge or ground
cover does not create a dangerous
condition.F. "Parkway" shall mean that area from the back of the curb to the edge of the
right-of-way, or if no curb exists, that area from the edge of the pavement to the edge of
the
right-of-way.G. "Person" shall mean any individual, finn,
association, organization, partnership,business, trust, company, corporation
or other entity.H. "Property Owner" or "Owner" shall me<U1 any person holding title
to real property abutting upon a right-of-way, or any agent thereof, as well as any person
who has the legal right to occupy the property to the exclusion of others. For
purposes of this chapter, prime responsibility for compliance shall rest upon whichever of such persons
is the occupant or user ofthc property, and the ultimate responsibility shall
rest upon the Property Owner.1. "Public Place" shall me<U1 any real property owned by, leased
to, or under the control of the City of Orange
or any other public entity.1. "Right-of-Way" shall mean the entirety of
that area
dedicated for public street and highway purposes.K. "Shrub" shall mean a bush, or plant more than 12 inches
but not more than 6 feet tall.
A shrub shall not include a hedge.L. "Sidewalk" for purposes of this
Chapter shall mean any improved or unimproved pedestrian walkway within a
right of way adjacent to a street.M. "Street" for purposes of this chapter shall
mean the portion of a right-way dedicated to the City of Orange, the County of Orange,
or the State of California,
whose primmy function is to carry vehicular traffic.N. "Street Tree" shall mean all vmieties of
trees and shrubs located within all or any portion
of a right of way including the parkway.O. "Tree" shall mean any growing
plant exceeding 6 feet in
height, whether planted singly or as a hedge.12.28.020 Permit - Required for Removal or
Planting. No person shall plant, or remove,any tree or shrub, stakes or tree guards in, or
upon.. any public street or right-of-way, without having first ohtained a petmit as required
by this chapter.
12.28.030 Specification - Permits. The following requirements shall apply to the Planting,
Removal, and Landscape Maintenance of Trees and Shrubs within the Parkway of a Street.
A.
The Public Works Director/City Engineer is authorized and directed to prepare and file
in his office Standard Specifications for the planting, removal and maintenance of Street Trees
within the parkways of public streets.B.
Every person planting or arranging for the planting of street trees shall obtain a permit
required by this Chapter from the Director of Public Works/City Engineer and perform the
work in accordance with the specifications prepared by the Public Works Director/City Engineer.
C.
Every person removing or arrlmging for the removal of a street tree shall obtain a permit
requircd by this Chapter from the Director of Public Works/City Engineer and perform the
work in accordance with the specifications prepared by the Public Works Director/City Engineer.
12.
28.040 Permit - Fees. Fees for permits, required by this Chapter shall be fixed by resolution of
the City Council. Such resolution shall be on file in the office of the City Clerk for public inspection.
The resolution may be amended, modified, altered or repealed at the discretion of
the City Council, provided that ,my modification or new resolution which may be adopted shall
likewise be on file with the City Clerk as provided for herein.12.28.
050Pemlit - Public Utilities and Public Agencies. Any person doing business as a public utility,
subject to the jurisdiction of the Public Utilities COl11l11ission of the State, and any duly constituted
public agency, authorized to provide and providing utilities service, may be issued a pennit,
valid for one year from the date of issuance permitting such person to trim,brace, remove or
perform other such acts with respect to Street trees or trees which grow on private property and
encroach upon rights of way or public places as may be necessary to comply with the
regulations of the COl11l11ission and as may be necessary to comply with the safety regulations of
the Commission and as may be necessary to maintain the safer operation of its business.
12.28.060
PublicLiability and Propelty Damage Insurance Required. Before a permit may be issued
under the provisions of this chapter, to any person engaged in the business of removing trees in
the City, the person shall Jile a certificate showing adequate public liability and property damage
insurance; the amount shall be fixed by the Director of Public Works/City Engineer before the
permit is issued. Such policies or certificates shall be filed with the City Clerk showing the
City as an additional insured.12.28.070
Subdivisionand Land Division - Tree Planting and Maintenance Required.As a condition of
approval of the tentative map of any subdivision, or the approval of and division of real property,
the subdivider or owner of the property, as the case may be, shall provide for the planting
and maintenance of trees in accordance with standards adopted by the Department of Public Works.
J2.28.080 Inspection
and Correction of Hazards. An agent of the City may inspect any tree or shrub adjacent
to or overhanging ,my public street in the City to determine whether the 3 Ord No. 3-
97
same, or any portion thereof, is in such a condition as to constitute a hazard or impediment to
the progress of vision of anyone traveling on such public street. Any tree or shrub or part
thereof growing upon private property, but overhanging or interfering with use of any right of
way that endangers the life, health, safety or proper:y of the public, shall be declared a public
nuisance. If the owner of such private Hedge" property does not correct or remove such
nuisance within ten days after receipt of written notice thereof from the City, the City shall
cause the nuisance to be corrected or removed and the cost shall be assessed to such owner.
12.28.090 Prohibited Acts. No unauthorized person shall injure, deface or destroy any
tree or shrub in the planting strip areas by any means, including, but not limited, to the
following:
A. Constructing a concrete, brick or other approved sidewalk or otherwise filling the
ground area around any tree so as to shut off light, air or water from the roots;
B. Piling building materials, equipment or other substance around any tree so_ as to
cause ll1Jury;
C. POw1ng any deleterious matter on or around any tree or on the ground, or on any
lawn in such a manner as to damage the tree;
D. By cutting, breaking, defacing or dmnaging in any manner whatsoever. (Ord. 9-
66:Prior Code
7913).12.28.100 Recommended Street Trees. The City Council, by resolution, shall
establish a list of recommended street trees. This list shall be periodically reviewed by the Director
of Public Works/City Engineer and may from time to time be modified by the City Council.
Only trees on this recommended list may be planted on any public street, parking strip, public
right-of-way, parkway, or where said trees may overhang on ,my
publicstreet.12.28.1]0 Ado.ption ofaMaster Street Tree !~. The City Council may,
by resolution,adopt a uniform Master Street Tree Plan and from and after its adoption said plan
shall be adhered to in all future street tree planting improvement projects, and in the
removal and replacement of trees or shrubs on streets or rights-of-way. Such
resolution shall be pamphlet form, three copies of which shall be on file in the office of the City
Clerk for public inspection.Such resolution may be amended, modified, altered or repealed at the
discretion of the City Council; provided that any modification or new resolution which may
be adopted shall likewise be on file with the City Clerk
asprovided for herein.12.28.120 Appeal of Decisions. Any person aggrieved by the action
of the Director of Public Works/City Engineer, acting under this chapter, may appeal,
by written application, to the Department of Public Works, if such appeal is filed with
the Public Works Department within 15 days of the Director of Public Works/City Engineer's
decision. If the appeal application is denied by the Director of Public Works/City Engineer,
the applicant may appeal the decision to an Ad Hoc Committce composed of the
Director of Community Services,Director of Community Development or their designees, a member of
the City Manager's office, a certified arborist from the community and a City Council
representative, if such appeal is filed within 15 days ofthc Director of Public Works/City Engineer's
decision. If the appeal application is denied by the Ad Hoc COlllinittee, the applicant may appeal
the decision to the City Manager, pursuant to the provisions of Section 5.10.045 of this code.
The decision of the City
Manager shall be
12.28.130 Violation - Misdemeanor. A violation of this chapter is considered a misdemeanor
punishable as prescribed by Section 1.08.010 of this code.12.
28.140 Violation Deemed Nuisance - Abatement In addition to the penalties provided in
Section 1.08.010, any condition caused or permitted to exist in violation of any of the provisions
of this Code shall be deemed a public nuisance and may be summarily abated as such by
the City, as provided in Section 1.08.020 of this Code.SECTION III:
Sevcrability. If
any section, subdivision, paragraph, sentence, clause or phrase of this chapter is
for any rcason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this chapter. The City Council hereby declares that it would have
passed this chapter, and each sedion, subdivision, paragraph, sentence, clause or phrase had
been declared invalid or unconstitutionaL SECTION IV:
A slImmary
of this Ordinance shall be published and certified copy of the full text of this Ordinancc
shall be posted in the Office of the City Clerk at least five (5) days prior to the City COW1Ci!
meeting at which this Ordinance is to be adopted. A summary of this Ordinance shall also
bc published once within fiftecn (15) days after this Ordinance's passage in a newspaper of
general circulation, published, and circulated in the City of Orange. The City Clerk shall
post in the Office of the City Clerk a certified copy of the full text of such adopted Ordinance along
with the names of those City Cow1cil members voting for and against the Ordinance in
accordance with Government Code Section 36933. This Ordinance shall take effect thirty (
30) days from and after the date of its final passage.Adopted tillS
24th day oC_J:une__, 1997 ATTEST:y
Cbk
of 'h I];;fA~
dity of
Orange STATE OF
CALIFORNIA )COUNTY OF
ORANGE )CITY OF
ORANGE )I, CASSANDRA
1. CATHCART, City Clerk of the City of orange, California, do hereby certify
that the foregoing Ordinance was introduced at the regular meeting of the City 5 OrdNo.
3-97
Council held on the 1 OH day of .June , 1997, and thereafter at the regular meeting
of said City Council duly held on the 24 th _day of June, 1997 was duly passed and
adopted by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCIL MEMBERS: MURPHY, SLATER, COONTZ, SPURGEON, ALVAREZ
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE
7
CA4/.Lv .4J-<f1/1i1 ::C11./.fAZ
City Clerk of th ty of Orange
Wdg
OrdNo.3-97