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HomeMy Public PortalAboutOrd. 1225ORDINANCE NO. 1225 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNw00D AMII~IDING SECTION 28-2 OF THE LYN[~OD CODE OF THE CITY OF LYN[~OD RELATING TO PLANTING AND RENIOVAL~ OF STREET TREES The City Council of the City of Lynwood, DOES HEREBY ORDAIN, as follows: SECTION 1. Section 28-2 of the Code of the City of Lynwood hereby is amended to read as follows: (A) (;FNF.RAT (1) Trees which are SOo or mcre within the public right~f-way, shall be considered City trees. This measurement shall be taken at the base of the tnu~lc at the ground surface. (2) The City of Lynwood is responsible for caring for all City trees within the public right-of-way including planting, tr~*~~ng, spraying, and general maintenance. (3) Property owners are responsible for any required watering of newly planted trees in parkway. (4) The City is not responsible for maintenance of non~ity trees. (5) Property owners and City Personnel are not allowed to remove or alter any City trees unless one of the criteria listed below is met or special approval is received from the City Council. (B) TREE RII~VAL (1) City Responsibility - The City will remove a City tree at its own expense when: (a) Tree is dead or SOo declining; (b) Tree is diseased beyond cure; (c) Tree is hazardous to the public or necessary root surgery would render it hazardous; (d) Tree conflicts with sidewalk to be installed by property owners on parcels where curb and gutter is in place; (e) Tree removal is necessary for a City improvement project; or (f) Tree causes repeated extensive damage to underground utilities or curb, gutter, and sidewalk. (2) Property Owner Responsibility - With the issuance of an Engineering Permit by the Public Abrks Department, a tree within the public right-of-way may be removed under the following conditions at the property owners expense: (a) Trees bearing fruit and causing a nuisance to the property owner may be removed. Trees in parkways will be replaced at City's expense as part of its tree planting program; (b) Trees may be removed to widen existing driveway or to construct a new driveway. Trees in parkways will be replaced at City's expense as part of its tree planting program; (c) Trees may be reproved when less than 500 of the-tree is within the public right-of-way; (d) Trees may be removed as part of an approved development when curb and gutter do riot exist. SECTION 2. Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance, or the application thereof to any person or place, is for any reason held to be invalid or un- constitutional by the decision of any court of oompetentjurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or its application to other persons or places. The City Council hereby declares that it would have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof, irrespec- tive of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions, or the applications thereof to any person or place, be declared invalid or unconstitutional. SECTION 3. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance and to cause the same to be published once in the Lynwood Press, a newspaper of general circulation, printed, published, and circulated in the City of Lynwood. First read at a regular meeting of the City Council of said City held on the 20th day of March 1984, and finally ordered published at a regu a~e~ ting of sai unci eld on the 3rd day of Apr it 1984. AYES: COUNCILMEN BYORK, HENNING, ROWE, THOMPSON,MORkIS NOES: N O N E ABSENT: NONE ATTEST: ~ .Y ANDREA L. Fi00PER, City Cler City of Lynwood APPROVID AS TO FORM: Ci y At ey E. L. MO , Mayor City of Lynwood APPROVID AS TO CONfENP: ~' ~ ~~ HAROLD C. WILLIAMS, P. E., Director of Public V3orks/City Engineer City of Lynwood P STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and ex-officio clerk of the Council of said City, do hereby certify that the above is a true and correct copy of Ordinance No. 1'L 25 adopted by the City Council of the City of Lynwood, and that the same was passed on the date and by the vote therein stated. Dated this 9th day of Apri 1 1984. (SEAL) ~e2~ Cpl ~ ~~..CJ City Clerk, City of Lynwood