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Home My WebLink AboutORD-06-1261 (TREES IN PUBLIC RIGHT OF WAY)1 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 0 28 ORDINANCE NO.06-1261 AN ORDINANCE OF THE CITY OF HERMOSA BEACH, CALIFORNIA, REGARDING TREES IN PUBLIC RIGHTS -OF - WAY AND AMENDING THE HERMOSA BEACH MUNICIPAL CODE The City Council of the City of Hermosa Beach does ordain as follows: SECTION 1. Chapter 12.36 of Title 12 of the Hermosa Beach Municipal Code is amended in its entirety to read as follows: TREES Sections: 12.36.010 Definitions 12.36.020 Planting of trees in parkway. 12.36.030 Maintenance of trees in the parkway. 12.36.040 Prohibition of damage, destruction or removal of parkway trees. 12.36.050 Permit requirement for tree removal. 12.36.060 Prohibition of attaching objects to parkway trees. 12.36.070 Protection of parkway trees during construction. 12.36.075 Abatement of nuisance conditions. 12.36.080 Remedies. 12.36.090 Violations. 12.36.010 Definitions As used in this chapter: "Director" means the Public Works Director or his/her designee. "Parkway" means that portion of the public right-of-way that is not paved as a street or sidewalk, including encroachment areas used as yards by abutting property owners. 3 4 5 6 7 8 9 10 11 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 "Property Owner" means the person or entity that owns the real property abutting and usually extending to the centerline of the immediately adjacent public -right-of-way, where a parkway tree is located. In the case where the parkway tree is located on the property line between two properties, then the "Property Owner" shall refer to both property owners. "Public right-of-way" means any area owned by or dedicated to the City for highway purposes. "Tree" means any perennial plant having a self-supporting woody main stem or trunk measuring at least five inches in circumference at a height of six feet above the ground, usually characterized by the ability to grow to considerable height or size and to develop woody branches. 12.36.020 Planting of trees in parkway. No person other than the City and the Property Owner shall plant a tree on any parkway. The Property Owner requesting to plant a tree in the parkway shall first obtain a permit from the Director. Only those species of trees specified on the City's official list of approved parkway trees shall be planted in the parkway. Trees planted on the parkway by the Property Owner shall be planted in accordance with horticultural standards promulgated by the Director. All work under a permit shall be performed within thirty days of the issue date of the permit, and shall be performed in accordance with the conditions and requirements set forth in the permit. 12.36.030 Maintenance of trees in the parkway. A. With the exception of those trees maintained by the City (as set forth in an inventory of City -maintained trees published by the Director), it is the duty of the Property Owner at his or her expense to cultivate, care for and provide for the complete maintenance of all trees on the parkway adjacent to their real property. Trees shall be maintained in accordance with horticultural standards promulgated by the Director, and shall be maintained in a manner as not to cause or constitute a nuisance. The Property Owner shall be liable for all damages or injuries incurred by any person or to any real or personal property arising from his or her failure to maintain parkway trees as required by this Section. B. No person other than the City and the Property Owner, including but not limited to • 28 utility companies and others owning facilities or performing work in the public right-of-way, shall L 3 4 5 6 7 s 9 10 11 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 I trim, prune or cut a tree without first obtaining a permit from the Director. All work under a 2 permit shall be performed within thirty days of the issue date of the permit, and shall be performed in accordance with the conditions and requirements set forth in the permit. 1 12.36.040 Prohibition of damage to or destruction of parkway trees. A. No person, including the Property Owner, shall willfully injure, deface, mutilate, poison or destroy a parkway tree. B. No person shall place or maintain any stone, concrete, cement, asphalt, brick or other substance or object within the drip -line of a parkway tree so as to impede free access of water and air to the roots of the tree. C. No person shall cause or allow any substance deleterious to tree life, including but not limited to oil, dye, brine or any other substance, to pour, flow or drip on any parkway tree or around the base of any such tree. 12.36.050 Permit requirement for tree removal. A. No person, including the Property Owner, shall remove a parkway tree without first obtaining a permit from the Director except under exigent or emergency services. A permit to replace a tree may be issued if the tree is dead, otherwise constitutes a public nuisance or interferes significantly with the use and enjoyment of the immediately adjoining property. All work under a permit shall be performed within thirty days of the issue date of the permit, and shall be performed in accordance with the conditions and requirements set forth in the permit. B. Applications for permits to remove a tree with a trunk diameter in excess of twelve inches (measured six feet above the ground) shall be referred to and decided by the Public Works Commission following a public hearing. Notice of the hearing shall be provided to the owners of all real property within a radius of three hundred feet of the subject tree. The decision of the Commission may be appealed to the City Council. Appeals shall be filed in writing within ten days of the final decision of the Commission. The City Council's decision shall be final. C. A permit to remove a tree shall include imposition of a condition requiring replacement of the tree at the same or a different location with a tree from the City's official list of approved 28 i • 2 3 4 5 6 7 8 9 10 12 13 14 • 15 16 17 18 19 20 21 22 23 24 25 26 27 parkway trees, unless the Director or the Commission find that replacement is physically I impractical or infeasible. 1 12.36.060 Prohibition of attaching objects to parkway trees. No person shall tack, nail, paste or otherwise attach by any means whatsoever any sign, notice, advertisement or any other printed matter, or place any board, platform or other object on a tree. No person shall attach any rope or wire to any tree for the purpose of maintaining or, repairing the tree without first receiving a permit from the Director. 12.36.070 Protection of parkway trees during construction. During the construction, repair or renovation of any structure, utility facility or right-of- way improvement, the person responsible for such activity shall take all necessary precautions to protect parkway trees in the vicinity of the construction project. 12.36.075 Abatement of nuisance conditions. The Property Owner shall abate any condition of a parkway tree determined by the Director to constitute a public nuisance. For purposes of this section, "tree" shall include shrubs and other vegetation in the parkway. Conditions constituting a nuisance include, but are not limited to, dead or diseased trees, trees constituting a danger to persons or property, trees impairing vehicular visibility, trees endangering utility wires, trees damaging the sidewalk pavement, or trees impairing pedestrian use of the sidewalk. The nuisance condition shall be abated in the manner prescribed by the Director. In the event the Property Owner fails or refuses to abate the nuisance, the provisions of Chapter 8.28 pertaining to abatement of public nuisances shall be applicable. 12.36.080 Remedies. In addition to any other remedies provided for in this Code and State law, a person who damages, mutilates, removes or destroys a parkway tree shall be liable to the City for the full replacement cost of the tree. 12.36.090 Violations. Violations of the provisions of this Chapter shall be infractions, punishable in accordance with Section 1.12.010 of this Code. • 28 • L_J 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. This ordinance shall become effective and be in full force and effect from and after thirty (30) days of its final passage and adoption. SECTION 3. Prior to the expiration of fifteen (15) days after the date of its adoption, the City Clerk shall cause this ordinance to be published in the Easy Reader, a weekly newspaper of general circulation published and circulated, in the City of Hermosa Beach in the manner provided by law. SECTION 4. The City Clerk shall certify to the passage and adoption of this ordinance, shall enter the same in the book of original ordinances of said city, and shall make minutes of the passage and adoption thereof in the records of the proceedings of the City Council at which the same is passed and adopted. PASSED, APPROVED and ADOPTED this loth of January 2006 by the following vote: AYES: Keegan, Reviczky and Mayor Tucker NOES: None ABSENT- Edgerton ABSTAIN: None PRESIDENT of the City Council and MAYOR of the City of Hermosa Beach, California ATTEST- APPROVED A TO FORM: City Clerk City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF HERMOSA BEACH I, Elaine Doerfling, City Clerk of the City of Hermosa Beach, California, do hereby certify that the foregoing Ordinance No. 06-1261 was duly and regularly passed, approved and adopted by the City Council of the City of Hermosa Beach at a regular meeting held at the regular meeting place thereof on the 24th of January 2006, and said ordinance was published in the Easy Reader newspaper on February 2, 2006. The vote was as follows: AYES: Keegan, Reviczky , Mayor Tucker • NOES: None ABSENT- Edgerton ABSTAIN: None DATED: February 14, 2006 City Clerk •