Loading...
CC Ordinance 2092 ORDINANCE NO. 2092 BEING AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAMPBELL AMMENDING CHAPTER 11.08 OF THE CAMPBELL MUNICIPAL CODE ENTITLED "STREET TREES AND PARKING STRIPS" The City Council of the City of Campbell does hereby ordain as follows: SECTION ONE: That Chapter 11.08 of the Campbell Municipal Code be amended per Exhibit A as approved by the Parks and Recreation Commission on July 11, 2007. SECTION TWO: This Ordinance shall become effective thirty (30) days following its passage and adoption and shall be published, one time within fifteen (15) days upon passage and adoption in the Campbell Express, a newspaper of general circulation in the City of Campbell, County of Santa Clara. PASSED AND ADOPTED this 2nd day of October ,2007, by the following roll call vote: AYES: Councilmembers: Kennedy, Hernandez, Low, Burr, Furtado NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None APPROVED: ~~ dwkJ.. Daniel E. Furtado, Mayor ATTEST: Ann~ Exhibit A Chapter 11.08 STREET TREES AND PARKING STRIPS* 11.08.010 Short title. This chapter shall be known and cited as the "Street-Tree Provisions of the City of Campbell." (Ord. 16389 1 [part), 1987). 11.08.020 Definitions. (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" means those trees adopted by resolution of the city council as a part of the official tree planting list. (c) "Owner" means the owner of a fee simple title of the property on which a tree is planted. (d) "Parkway strip" means 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" means and 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" means and includes trees planted in the public right-of-way for the purpose of providing shade or beauty to the street area. (i) "Tree" means any woody perennial plant having a single or main trunk or stem and having secondary branches supported on a single main stem or trunk, usually ten feet or more in height. (j) "Surfacing" means the laying of a hard surface, such as asphalt or concrete, in the public right-of-way or parking strips. (k) "Unofficial street trees" means all street trees which are not on the current official tree planting list. (Ord. 1638 9 1 [part], 1987). 11.08.030 Authority and duties of public works department. (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 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 aM in public places. (Ord. 16389 1 [part), 1987). 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 approved 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 Sections 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 forty fifty feet, at a minimum of 3 feet by 3 feet, measured along the street line. (d) The department of public works shall have the full authority to remove, or require the adjacent property owner 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. (Ord. 1638 91[part), 1987). 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. 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 public property, including parkways, parks or civic grounds, except in those cases where the subject trees are diseased so that the tree will not recover, dead, potentially hazardous or badly disfigured due to traffic collisions or natural acts such as wind damage, or those trees that which constitute a public nuisance under Section 11.08.130. (b) The City Council declares that some trees inherently tend to create a nuisance because of such things as fruit, sap or Honey Dew, droppings or invasive root systems. These trees include, but are not limited to, Liquidambar trees and Tulip trees. Therefore, notwithstanding the provisions of subsection (a), the Public Works Director or his/her designee, may approve the removal of Liquidambar trees, Tulip trees, or any other tree that the City Council, upon recommendation of the Parks and Recreation Commission, determines to be a nuisance due to pests or Arboricultural consideration. Removal of trees pursuant to this subsection shall be subject to the following conditions: (1) The property owner adjacent to the trees shall pay for the removal and replacement of said trees; (2) The replacement trees shall be a minimum of 24" box trees; (3) No more than two (2) trees may be removed from the same address within a year. (4) Where replacement trees cannot be accommodated on site according to good forestry practices, or cannot provide equivalent aesthetic or environmental quality of removed tree/s on site, the person or persons shall either plant replacement trees off site or make a cash payment to the City Tree Fund (based on the value of the tree/s determined by a qualified appraiser) or any combination thereof, refer to Zoning Ordinance, Section 21.32. 110(b). (c) All trimming deemed necessary by the city for traffic and pedestrian clearance and visibility shall be done by the city. (d) All spraying or injection deemed necessary by the city will be done by the city as required on an individual or block-to-block and/or species requirement when the budget allows for such maintenance. (Ord. 1963, 1998; Ord. 1638 S 1 [part), 1987). (e) The public works department may allow spraying or injection of street trees by the adjacent property owner if deemed necessary. (f) No person shall in any way interfere with the city, its employees or contractors engaged in planting, mulching, pruning, spraying, injecting, planting, treating or removing any street tree in the city, or in removing of stone, cement or other substance about the trunk of any such street tree. (Ord. 16389 1 [part), 1987). 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) Trees planted by any person shall be planted to the city's specifications and approved by the public works department. fbj (c) The department of public works shall, at its discretion, either require the responsible person 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. 16389 1 [part), 1987). 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 utility service, shall be given a permit from the State 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 the city at least ten days prior to the commencement of the work, except in the case of emergencies. (Ord. 16389 1 [part), 1987). 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 make a fair determination of whether a permit should be issued. (e) Applications for the removal of street trees must be in writing and signed by the property owner abutting the street tree. (f) Fee for street tree removals shall be set forth by Council as part of the annual fee schedule. (Ord. 16389 1 [part), 1987 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; (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-way. (Ord. 16389 1 [part], 1987). 11.08.100 Planting 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. (Ord. 1638 9 1 [part], 1987). 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 the provisions of subsection (a) above, no permit shall be required for street tree removal in connection with a city-approved public works project, or a redevelopment agency project with the Director of Public Works approval. tB1 (c) 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. All requests for the removal of unofficial and official street trees, which are submitted to the parks and recreation commission for approval, shall be posted on the tree by the City or applicant, ten days prior to the commission meeting indicating that the commission may approve the removal of said tree and also setting forth the date, time and location of the meeting. 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 anyone 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 shall be borne by the applicant. (Ord. 1638 S 1 [part], 1987). 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. (Ord. 16389 11[part], 1987). 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 hazard 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. 16389 1 [part], 1987). 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 nuisances 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. The director of public works may also record with the county recorder's office, notice of the nuisance against the property parcel. (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 days of the mailing of any notices given pursuant to this section. (Ord. 193092, 1995; Ord. 16389 1 [part], 1987). 11.08.150 Responsibility of owners. (a) Owners of lots, or portions of lots fronting on any portion of a public street or place, when that street or place is improved, or if and when the area between the property line of the adjacent property and the street line is maintained as a park or parking strip, the owner shall maintain the area of the parking strip and sidewalk in such a condition that will not interfere with the public convenience in the use of those areas. Parking strips and sidewalks shall be clean and free of debris, leaves, fruit, pods, needles, twigs, etc. Any defects in the sidewalk shall be reported to the public works department for repair. Any defects in the parking strip areas shall be the owner's responsibility to repair. (b) If, upon proper notice in writing, any property owner fails or refuses to abate such nuisances 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. The director of public works may also record with the county recorder's office, notice of the nuisance against the property parcel. (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 days of the mailing of any notices given pursuant to this section. (Ord. 1930 ~ 2, 1995; Ord. 1638 ~ 1[part], 1987). (d) Owners of private property shall be responsible for watering street trees and shrubs in the parkway strips adjacent to sidewalk areas, or other public places abutting such private property. The city shall not be responsible for watering any such trees or shrubs. (e) Owners that fail to water street trees and this inaction results in the demise of the street tree, shall be required to replace said tree with a minimum 15 gallon tree from the approved IIOfficial Street Tree List for the City of Campbell." (Ord. 1638 ~ 1[part], 1987) 11.08.160 Notices. All notices provided to be given by this chapter, unless otherwise directed, shall be in writing and caused 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. (Ord. 16389 1 [part], 1987). 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 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 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 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 days of mailing notice of the decision of the parks and recreation commission. Such appeal of the parks and recreation commission shall be filed with the city clerk and be accompanied by a filing fee in accord with the schedule of fees as established by the city council, no part of which is refundable. (c) All appeals to the city council shall be heard at the first regular meeting held later than seven days after receipt of the appeal and the decision of the council shall be final to all matters. (Ord. 200391,2001; Ord. 16389 1 [part], 1987). 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) Allow any gaseous, liquid or solid 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 fill 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 otherwise authorized; or (8) Violate any other mandatory provision of this chapter. (b) Any person, or other entity, violating any of the provisions, or failing to comply with any of the mandatory requirements of this chapter is guilty of an unlawful act, punishable pursuant to Section 11.34.010 of this title. (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. 1693 9 7(A), 1988; Ord. 1638 9 1 [part], 1987). 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 officer of the city may make arrests and issue citations for violation of the Campbell Municipal Code Revised, or ordinances of the city, as provided for in this chapter. (Reference, code). (Ord. 16389 1 [part], 1987). 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, not to relieve the owner and occupant of any private property from the duty to keep his private 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. (Ord. 1638 S 1 [part). 1987) .