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HomeMy Public PortalAboutOrdinance 61-52ORDINANCE, NO. 61 -52 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, REGULATING THE PLANTING AND MAINTENANCE OF STREET TREES; REQUIRING PERMITS FOR THE PLANTING, PRESER- VATION AND REMOVAL IN PUBLIC PLACES. THE CITY COUNCIL OF THE CITY OF TEMPLE CITY DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: The Temple City Municipal Code is hereby amended by adding Chapter 7, Article III, which shall read as follows: CHAPTER 7 - STREET TREES 3800. Definitions. For the purposes of this ordinance the folding terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words in the plural number include the singu- lar number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. (1) "City" is the City of Temple City. (2) "Roadside Tree Superintendent" is the Roadside Tree Superintendent of the City of Temple City. (3) "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. (4) "Street Tree" or "Tree" is a tree in a public place except where otherwise indicated. 3801. Roadside Tree Superintendent. The Roadside Tree Superintendent shall be in charge of and shall determine all questions relative to trees, other plants, and grassy areas planted or growing in the untraveled portion of road right of way under the direction of the City Manager and City Council. (1) Preserve or Remove. The Roadside Tree Superintend- ent shall have fhe authority and it shall be his duty to plant, trim, spray, preserve and remove trees, other plants and grassy areas in public places to insure safety or preserve the symme- try and beauty of such public places. (2) Order to Preserve or Remove. The Roadside Tree Superintendent shall, after notice and opportunity for hearing, pursuant to Section 3806, have the authority and it shall be his duty to order the trimming, preservation or removal of trees or plants upon private property when he shall find such action necessary to public safety or to prevent the spread of disease or insects to public trees or places. (3) Supervision. The Roadside Tree Superindent shall have the authority and it shall be his duty to supervise all work done under a permit issued in accordance with the terms of this ordinance. (4) Issue Conditional permit. The Roadside Tree Super- intendent shall have the authority to affix reasonable condi- tions to the grant of a permit hereunder. -1- 135 3802. Master Tree Planting Plan. Subject to the Road- side Tree Superintendent making a variance therefrom for good cause and pursuant to application for permit as set forth here- after in Section 3803, the Master Tree Planting Plan, a copy of which is on file with the City Clerk, shall be followed in the planting or removal of street trees, which plan the City Council may by resolution amend or revise from time to time as the City Council shall see fit so to do. 3803. Permits Required. (1) Preserve or Remove. No person shall trim, spray, preserve or remove trees, other plants and grassy areas in pub- lic places without first filing an application and procuring a permit from the Roadside Tree Superintendent or anyone else so authorized. (a) Application Data. The application required herein shall state the number and kind of trees to be trimmed, sprayed, preserved or removed; the kind of treatment to be ad- ministered; the kind and condition of nearest trees upon adjoin- ing property; the Master Tree Planting Plan as to the subject area; and such other information as the Roadside Tree Superin- tendent shall find reasonably necessary to a fair determination of whether a permit should issue hereunder. (b) Standards for Issuance. The. Roadside Tree Superintendent shall issue the permit provided for herein when he finds that the desired action or treatment is necessary and that the proposed method and workmanship are satisfactory. (2) Plant. No person shall plant or set out any tree or plant in a public place without first filing an application and procuring a permit from the Roadside Tree Superintendent. (a) Application Data. The application required herein shall state the number of trees or plants to be planted or set out; the applicable requirements of the Master Tree Plan- ting Plan; the location, grade and variety of each tree or plant; the method of planting, including the supplying of suit- able soil; and such other information as the Roadside Tree Superintendent shall find reasonably necessary to a fair deter- mination of whether a permit should issue hereunder. (b) Standards for Issuance. The Roadside Tree Superintendent shall issue the permit provided for herein if he finds that the proposed plantings conform as to species and location to the aforesaid Master Tree Planting Plan. (c) Large -Scale Planting Procedure, i.e. Sub- division. Upon receipt of an application for a permit to plant or set out in excess of ten trees or plants the Roadside Tree Superintendent shall have the authority to require from the applicant a detailed declaration of intentions either in form of a planting plan or written statement in duplicate. One copy of each plan or statement of intention shall, when ap- proved by the Roadside Tree Superintendent, be returned to the applicant and the other copy shall be kept on file by the Road- side Tree Superintendent. All statements filed in lieu of a planting plan shall contain the same information as required on the plan. All planting plans shall accurately show: (c -1) The proposed street, together with its sub- division of pavement, curb, gutter, parking strip and sidewalk areas to a definite indicated scale. -2- 136 (c -2) The variety of each and every tree proposed to be planted and of those already existing within the proposed street lines, either indicated on the plans or referenced with a number to key list. (c -3) The proposed location of each and every pro- posed tree together with the location of each existing tree within the proposed street line in scaled relation to the other features of the plan. (c -4) The distance between trees in any one row in feet., (c -5) The nature of the soil in the planting space, to a depth of three feet, and all existing and proposed surface or subsoil drainage system. (d) Regulations for Planting in a Public Place. Work done under a permit issued hereunder shall be performed in strict accordance with the terms thereof and with the follow- ing regulations established for the planting, trimming and care of trees in public places: (d -1) Trees must not be less than 3/4 inch in diameter of trunk one foot above the ground and with a minimum heighth of 42 feet or as determined to be acceptable by the Roadside Tree Superintendent. (d -2) All trees must be protected and supported by tree guards or stakes at the time of planting. (d -3) No tree shall be placed so as, in the opinion of the Roadside Tree Superintendent and the Traffic Engineer, to cause a traffic hazard. (d -4) In felling trees, the same must be removed with the root stump grubbed by manual or mechanical means. (d -5) All cuts above one inch in diameter must be treated with a special tree compound. (d -6) Trees shall be planted at least thirty feet apart except where a speoi a 1. permit is obtained from the Roadside Tree S1)porintonrient. (d -7) No tree shall be planted where the clear space between the curb and the sidewalk is less than three feet. (d -8) No tree shall be planted where the soil is too poor by test to insure the growth of such tree unless the owner excavates suitable hole of not less than thirty -six cubic feet and replaces the material removed with suitable loan, or soil stripped from pasture land. (d -9) No tree shall be planted nearer than 12 feet from the curb line or outline of the sidewalk unless a special per- mit is granted by the Roadside Tree Superintendent. (d -10) No tree shall be planted on any street except of the variety selected by the Roadside Tree Superintendent from the Master Plan for that street. 3804. Duties of Private Owners. It shall be the duty of any person growing a tree within a public highway or respon_ sible for trees growing on property abutting on public places supporting trees or plants: -3- 137 (1) Trim. To trim his trees so as not to casue a hazard to public places or interfere with the proper lighting or public highways by the street lights, and so that the mini- mum clearance of any overhanging portion thereof shall be nine (9) feet. (2) Treat or Remove. To treat or remove any tree or plant so diseased or insect- ridden as to constitute a hazard to trees or plants in public places. (3) Prohibited Species. To remove and refrain from planting any species of plant, tree or succulent, that by so doing will cause a hazardous condition. Before removal the Roadside Tree Superintendent shall give written notice and op- portunity for hearing as provided in Section 3806. 3805. Ownership of Trees Planted Within Public Street. Any tree or trees planted within a public street or hignway or public sidewalk shall forthwith become the property of the City. 3806. Procedure Upon Order to Preserve or Remove. When the Roadside Tree Superintendent shall find it necessary to order the trimming, preservation or removal of trees or plants upon private property as authorized in Section 3801 (2) herein he shall serve a written order to correct the dangerous condi- tion upon the owner, operator, occupant or other person respon- sible for its existence. (1) Method of Service. The order required herein shall be served in one of the following ways: (a) By making personal delivery of the order to the person responsible. (b) By leaving the order with some person of suitable age and discretion upon the premises. (c) By affixing a copy of the order to the door at the entrance of the premises in violation. (d) By mailing a copy of the order to last known address of the owner of the premises, by registered mail. (2) Time for mh,, aor roq„ ;red herein shall seL rur•uri a Time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of ex- treme danger to persons or public property, the Roadside Tree Superintendent shall have the authority to requi r•e u:umr,I ano immediately upon service of the order. (3) Appeal from Order. A person to whom an order hereunder is directed shall have the right, within twenty - .four hours of the service of such order, to appeal to the City C.oun- cil, who shall review such order within thirty days at a regu- lar meeting of the City Council. At least five days prior to the City Council Meeting at which the matter is to be heard the City Manager shall notify the party appealing by certified mail of the hearing date set. Unless the order is revoked or modi- fied it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within five days after an appeal shall have been determined. (4) Failure To Comply. When a person to whom an order is directed shall fail to comply within the specified time, the Roadside Tree Superintendent shall remedy the condi- -4- 138 1 tion or contract with others for such purpose and charge the cost thereof to the person to whom the order is directed. The person remedying a condtion under a contract made hereunder shall be authorized to enter premises for that purpose. (5) Special Assessment. If the cost of remedying a condition is not paid within thirty days after receipt of a statement therefor from the Roadside Tree Superintendent, such cost shall be levied against the property upon which said hazr and exists, as a special assessment. The levying of such as- sessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein provi- ded. Such special assessment shall be certified by the Road- side Tree Superintendent to the City Treasurer and shall there- upon become and be a lien upon such property, shall be included in the next tax bill rendered to the owner or owners thereof unless paid before, and shall be collected in the same manner as other taxes against such property. 3807. Abuse or Mutilation of Trees. No person shall (a) damage,.cut, carve, transplant or remove any tree or plant or injure the bark, (b) pick the flowers or seeds, of any tree or plant, (c) attach any rope, wire, or other contrivances to any tree or plant, (d) dig in or otherwise disturb grass areas or in any other way injure or impair the natural beauty or use- fulness of any area, (e) cause or permit any wire charged with electricity to come in contact with any tree or plant or allow any gaseous liquid or solid substance which is harmful to such trees or plants to come in contact with them, (f) erect, attach or affix any sign to come in contact with any tree. PASSED and ADOPTED by the City Council of the City of Temple City at a regular meeting thereof held this 27th day of November , 1961, by the following roll call vote: AYES: Councilmen: Buchan, Fitzjohn, Merritt, Tyrell, Dickason NOES: Councilmen: None ABSENY: Councilmen: None ATTEST: 09.• City Clerk of the City o Temple City, Californi, 10( -"----, ----e--r--4.10-,-042-7---1 Mayor of the City of Temple City, California -5- 139 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss CITY OF TEMPLE CITY ) I, Marjorie A. Woodruff, do hereby certify that I have been duly appointed Deputy City Clerk of the City of Temple City, California, and that the foregoing Ordinance No. 61 -52 was introduced at a regular meeting of the City Council held on November 13, 1961, and adopted at a regular meeting of the City Council held on November 27, 1961, by the following roll call vote: AYES: Councilmen- Buchan, Fitzjohn, Merritt, Tyrell, Dickason NOES: Councilmen -None ABSENT: Councilmen -None Dated: November 27, 1961 1 1 0:2.c4} Deputy City Clerk of t lCity of Temple- City, California 140