CC Ordinance 1638ORDINANCE NO. 1638
BEING AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CAMPBELL AMENDING CHAPTER
11.08 OF THE CAMPBELL MUNICIPAL CODE -
STREET TREES AND PARKING STRIPS
The City Council of the City of Campbell does ordain as follows:
SECTION ONE: That Chapter 11.08, Sections 11.08.010 through 11.08.200,
of the Campbell Municipal Code is hereby amended as set forth in Exhibit A,
attached hereto.
SECTION TWO: This Ordinance shall become effective thirty days following
its passage and adoption and shall be published once within fifteen days
upon passage and adoption in the San Jose Mercury News, a newspaper of
general circulation in the City of Campbell, County of Santa Clara.
PASSED AND ADOPTED this 17th day of March 1987 , by the following
roll call vote:
AYES: Councilmembers: Kotowski, Podqorsek, Watson, Ashworth, Doetsch
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED:
ATTEST:
Barbara Olsasky, City Cl
Rap Doetsch, Sr.,Mayor
EXHIBIT "A"
Chapter 11.08
STREET TREES AND PARKING STRIPS
Sections:
11.08.010 Short Title
11.08.020 Definitions
11.08.030 Authority and Duties of the Public Works
Department
11.08.040 Trees and Treatments within Parking Strips
11.08.050 Maintenance and Removal by Public Works
Department
11.08.060 Large Scale Plantings
11.08.070 Public Utilities
11.08.080 Authority to Issue Permits
11.08.090 Acts Requiring Permits
11.08.100 Planting of Street Trees
11.08.110 Removal of Street Trees
11.08.120 Parking Strip Surfacing
11.08.130 Public Nuisance
11.08.140 Abatement of Nuisance
11.08.150 Responcibility of Owners
11.08.160 Notices
11.08.170 Appeals
11.08.180 Abuse and Mutilation
11.08.190 Persons Authorized to Issue Citations
11.08.200 Liability of City
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11.08.010 Short Title. This chapter shall be known and
cited as the "Street -Tree Provisions of the City of Campbell."
(Prior code 7200).
11.08.020. ( a ) "Median strip" means the center section of
a street, whether set off by curbs or not and whether planted or
not, which separates opposing traffic.
(b) "Official street trees" are those trees adopted by
resolution of the City Council as a part of the official tree
planting list.
(c) "Owner" is the owner of a fee simple title of the
property on which a tree is planted.
(d) "Parkway strip" is that portion of a public street
between the curb and the sidewalk, or the sidewalk and the
property line, or that portion of the right-of-way which is not
designed or used for vehicular or pedestrian travel.
(e) "Person" means any person, firm, partnership, _
association, corporation, company or organization of any kind.
( f ) "Public street" includes every way, maintained by the
City and set apart for public travel or use in the city,
including the entire parkway strip, sidewalk area, median strip,
easements and right-of-way.
(g) "Shrub" means any woody perennial plant, normally low,
several stemmed, adaptable to shaping, trimming and pruning
without injury to the plant.
(h) "Street tree" is defined to include any tree planted in
the public right-of-way for the purpose of providing shade or
beauty to the street area.
(i) "Surfacing" is defined as the laying of a hard surface,
such as asphalt or concrete in the public right-of-way or parking
strips.
(j) "Unofficial street trees" are all street trees which
are not on the current official tree planting list. (Ord 1455
l(par), 1983; prior code 7201).
11.06.030 Authority and Duties of the Public Works Depart-
ment.
(a) The department of public works is charged with the
overseeing of this chapter, and the performance of municipal
functions as established in this chapter.
(b) The department of public works shall have the authority
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to plant, trim, spray, preserve and remove street trees and
shrubs and grassy areas to insure safety or preserve the symmetry
and beauty of trees and public places.
11.08.040 Trees and Treatments within Parking Strips.
(a) The department of public works shall propose a list of
the types and varieties of trees for planting along streets in
parkway strips. The list shall be presented to the parks and
recreation commission for advisory approval and then presented to
the city council for adoption by resolution. Following approval,
the list shall be made in writing and shall constitute the
"official Tree Planting List of the City of Campbell." The list
may be amended from time to time as circumstances warrant.
(b) All new and replacement plantings shall be confined to
shade and ornamental trees from the current official aprroved
list. This requirement shall apply to all planting of street
trees except that the department of public works may grant
permission for such other plantings determined acceptable during
interims between recommended changes of the official list.
Copies of the official street tree list shall be available at
City Hall, Public Works Department. _
( c ) "Surfacing", as opposed to planting, shall be
discouraged, but may be allowed upon obtaining a permit pursuant
to Section 11.08.090 and 11.08.120 under the following
conditions:
1. The surfacing shall be of a texture or of a
material which gives an appearance contrasting with the adjacent
sidewalk;
2. All such construction shall be performed in
accordance with specifications of the department of public works;
and
3. Sawed or formed holes for tree planting must be
provided in the surfacing at intervals not exceeding fifty feet,
measured along the street line.
(d) The department of public works shall have the full
authority to remove or replace any existing improvements within
the parkway strip which do not conform to the provisions of this
section, except as otherwise provided for trees in good condition
pursuant to Section 11.08.110 of this code.
11.08.050 Maintenance and Removal By the Public Works
Department.
(a) The department of public works is made responsible for
the inspection, maintenance and removal of all trees within
public areas and parkway strips as defined in Section 11.08.020.
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It is further provided that the department of public works shall
not, without review by the parks and recreation commission,
unilaterally cause the removal nor grant authorization for the
removal of trees from parkways except in those cases where the
subject trees are diseased, dead, potentially hazardous or badly
disfigured due to traffic collisions or natural acts such as wind
damage, or which constitute a public nuisance under section
11.08.130.
(b) All trimming deemed necessary by the city for tr}.af f is
and pedestrian clearance and visibility shall be dope by the
city.
(c) All spraying deemed necessary by the city will be done
by the city as required on a block to block and/or species
requirement.
11.08.060 Large Scale Plantings.
(a) The department of public works shall require the
planting of street trees within the parkway of any new
subdivision in conformity with this section.
(b) The department of public works shall, at its
discretion, either require the subdivider to plant official
street trees or to deposit an amount based on current material
and labor cost per tree with the city for the purchase and
planting of the specified number of street trees as determined by
the following criteria:
1. The distance between trees shall allow for a
minimum of one tree per interior lot with a frontage of seventy-
five feet or less, or a minimum of two trees per lot with a
frontage of more than seventy-five feet;
2. At least three trees shall be provided for a corner
lot;
3. Selection of a small tree variety may require more
trees per lot than the minimum stated above, and this number
shall be determined at the discretion of the department of public
works;
4. Street tree plantings in areas other than
residential shall be as specified by the department of public
works, but minimum distances between trees shall be forty to
fifty feet. (Ord. 1172 1 (part), 1978: Prior code 7206).
11.08.070. Public Utilities
Any public utility subject to the jurisdiction of the Public
Utilities Commission of the State of California and any
constituted public agency authorized to provide and providing
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utility service, shall be given a permit from the date department
of public works, valid for one year from the date of issuance,
permitting 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 on private property to the
extent that they encroach upon such public streets, as may be
necessary to comply with the safety regulations of the commission
and as may be necessary to maintain a safe operation of its
business. Notice in writing of projects proposed to be done
under this provision shall be given to the department of public
works of city at least ten days prior to the commencement of the
work, except in the case of emergencies. (Ord. 1347 (part),
1981: Prior code Section 7205).
11 08 080 Authority to Issue Permits.
(a) The department of public works shall have the authority
to issue all permits required by this Chapter and shall supervise
all work done pursuant to such permits.
(b) The department of public works may not issue any permit
under this Chapter unless it finds:
1. The treatment or requested action is necessary and
that the proposed method and workmanship for implementing such
action or treatment are satisfactory to promote the ends of this
Chapter; and
2. All other conditions and criteria set forth in this
Chapter have been met.
(c) The department of public works shall have the authority
to affix reasonable conditions to the granting of a permit
hereunder to assure the ends of this Chapter.
(d) The department of public works shall also have the
authority to require that applications for permits contain such
information as the department shall find reasonably necessary to
a fair determination of whether a permit should be issued.
11 08 090 Acts Requiring Permits.
The following acts shall not be undertaken by an owner or
member of the public unless a permit is first secured from the
department of public works:
{a) Planting flowers or vines, or placing loose rock,
gravel, signs, stakes or any other objects in the watering basins
of street trees;
(b) Planting a tree in, or along, a public street;
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(c) Removal, trimming, or pruning of street trees;
( d ) Constructing concrete, asphalt or brick paving, or
otherwise filling up the ground area around a street tree so as
to shut off air, light or water from the tree;
(e) Planting street trees not on the official Tree Planting
List; and
(f) Surfacing of parkway strips and public right-of-w-ty.
11.06.100 Plantinq of Street Trees.
Upon granting of a permit to plant a street tree, the
applicant may perform such planting in accordance with the -
conditions of the permit under the supervision of the public
works department, or at his/her option, may pay to the department
the amount, based on current cost of labor and materials, for
such planting. When the costs have been paid, the department
shall then perform the planting.
11.08.110 Removal of Street Trees.
(a) The department of public works may, without review by
the parks and recreation commission remove, or grant a permit to
remove, street trees that are diseased, dead, potentially
hazardous or badly disfigured due to traffic collisions or
natural acts such as wind damage, or otherwise constitute a
public nuisance as defined in section 11.08.130.
(b) Notwithstanding subsection (a) The department of public
works shall submit all requests for the removal of unofficial and
official street trees in good condition to the parks and
recreation commission for approval. Upon the commission's
authorization for such removals, a notice in writing shall be
given to the owner of the abutting property, or his authorized
agent, and a notice of removal shall be posted on or near the
tree ten days prior to the removal, all in accordance with the
provisions of Section 11.08.160. As part of its deliberations,
the parks and recreation commission shall consider the history of
the tree or types of trees when making a decision regarding
request for tree removal. Removals shall be allowed in those
instances when persistent root intrusions have continued to
damage curbs, gutters and sidewalks, or when other
characteristics of a tree are so undesirable that the negative
factors clearly outweigh any positive effects to the community
that would result if the tree were retained. If a determination
is made by the parks and recreation commission that a tree should
be removed for any one of the reasons described in subsection
(a), the removal shall be accomplished by the city at no direct
expense to the applicant. If, however, the tree is found to be
in good condition and the permit is to be granted solely for the
convenience of the applicant, then the full cost of such removal
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shall be borne by the applicant.
11 08 120 Parking Strip Surfacing.
In addition to the criteria set forth in Section
11.08.080(b), a permit for surfacing may not be issued unless all
the requirements of Section 11.08.040(c) have been satisfied.
11.08.130 Public Nuisance.
The following are declared to be public nuisances which
the department of public works shall have the authority to
remove:
(1) Any dead, diseased, infested or dying trees on a public
or private property so near to any street as to constitute a
danger to street trees, or streets, or portions thereof;
(2) Any tree or shrub, or part thereof, which is unsafe and
constitutes a hazard to the life, health or safety or property of
the public, or constitutes a center of infection for disease or
insects which may endanger the health or life of other trees or
shrubs;
(3) Any tree or shrub on private or public property which
is of a type or species apt to create a traffic hazzard or
destroy, impair, or otherwise interfere with the function of any
street improvements.
(4) Vines or climbing plants growing into or over street
trees, public hydrants, poles or electroliers;
(5) Any tree on private or public property within the city
limits that is infested, infected, or in danger of becoming
infested or infected with objectionable insects, scales, fungus
or growth injurious to trees;
(6) Thorny shrubs and plants, or foliage of any type which
would tend to catch the clothing of a pedestrian using the street
or sidewalk. (Ord. 1172 1 (part), 1978: Prior code 7208).
11.08.140 Abatement of Nuisance
(a) It shall be the duty of the owner of the property
wherein or whereon any such nuisance exists to abate such
nuisances by destroying, removing, or trimming the growth, by
spraying or by other usual means of abatement.
(b) If, upon proper notice in writing, any property owner
fails or refuses to abate such nuisance within the time period
specified in such notice, the department of public works may
enter upon the premises whereon such nuisance exists and abate
the same.
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(c) Such owner may exercise the right of appeal procedures
as prescribed in Section 11.08.170 by filing a written request
with the parks and recreation commission within ten (10) days of
the mailing of any notices given pursuant to this section.
11 08 150 Responsibility of Owners
Owners of private property shall be responsible for watering
street trees and shrubs in streets, parkway strips or other
public places abutting such private property. The city shall not
be responsible for watering any such trees or shrubs.
11.08.160 Notices
All notices provided to be given by this Chapter, unless
otherwise directed, shall be in writing and cause to be mailed,
by the department of public works, postage paid, to the owner of
the real property involved, as his name and address appear on the
last equalized assessment roll for municipal taxes. In the event
that such owner resides outside the County of Santa Clara such
notice shall be mailed to him at his last known address outside
the county as such address appears on said roll, and a like _
notice shall be posted in a conspicuous place upon such real
property. If such real property is occupied, a like copy shall
also be left with the occupant. The failure of any property
owner to receive the notice shall not affect the validity of any
proceedings taken pursuant to the notice.
11.08.170 Appeals.
(a) All decisions of the department of public works shall
be in writing and mailed pursuant to Section 11.08.160. Such
decisions shall be deemed final unless an appeal is taken
pursuant to this section within ten (10) days from the date of
mailing of the notice of decision.
(b) All decisions of the public works department made
pursuant to this Chapter may be appealed to the parks and
recreation commission by filing a written request with the
commission within ten (10) days of the mailing of the public
works department's notice. All appeals to the commission shall
be heard at the first regular meeting held later than seven (7)
days after the receipt of the appeal. All decisions of the
commission shall be in writing and be final unless an appeal is
filed, in writing, with the City Council within ten (10) days of
mailing notice of the decision of the parks and recreation
commission.
(c) All appeals to the City Council shall be heard at the
first regular meeting held later than seven (7) days after
receipt of the appeal and the decision of the Council shall be
final to all matters.
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11.08.180 Abuse and Mutilation
(a) It is unlawful for any person to:
1. Damage, cut, carve or injure the bark of any street
tree;
2. Attach any sign, wire or injurious material to any
street tree;
3. Cause or permit any wire charged with electricity
to come in contact with any street tree;
4. Al low any gaseous, liquid, or sol id substance
harmful to trees to come in contact with the roots, leaves, bark
or any part of any street tree;
5. Construct concrete, asphalt, or brick paving, or
otherwise filling up the ground area so as to shut off air,
light, or water from the roots of a street tree without approval
of the department of public works;
6. Plant flowers or vines, or place loose rock, gravel -
signs, stakes, or any objects in basins of street trees without
the permission of the public works department;
7. Cause or create conditions of uneven ground, holes
or other hazards in parkway strips within the city, except as
other wise authorized; or
8. Violate any other manditory provision of this
Chapter.
(b) Any person violating any of the provisions or failing
to comply with any of the manditory requirements of this Chapter
is guilty of a misdemeanor.
(c) Any person or persons found liable for the irreparable
damage to any street tree shall compensate the city for all costs
involved in replacing the damaged tree, including the value of
the lost tree as to be determined by a qualified appraiser in
such matters, and the appraiser, in establishing values, will use
the latest edition of the "Guide for Establishing Values of Trees
and Other Plants," prepared by the Council of Tree Landscape
Appraisers, (Ord. 1455 1 (part), 1983; Ord. 1347 (part), 1981:
Ord. 1172 1 (part), 1978: Prior code 7207).
11.08.190 Persons Authorized to Issue Citations
The chief of police or any police officer, the chief of the
fire department, the city building inspector, the city engineer,
or any person designated by the city manager as an enforcement
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officer of the city may make arrests and issue citations for
violation of the municipal code, revised, or ordinances of the
city, as provided for in this Chapter. ( Reference, code Section
1.06.040.) (Ord. 1347 (part), 1981: Prior code 7202).
11 08.200 Liability of City
Nothing in this Chapter shall be deemed to impose any
liability upon any member of the city council, or the city, or
any of its officers or employees, nor to relieve the owne-s and
occupant of any private property from the duty to keep his
`iivat� property, sidewalks, and parkway in front of such private
property in such a safe condition, and so as not to be hazardous
to public travel. (Prior code 7211).
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