[Ord. No. 467, § 2.]
For the purposes of this chapter, the following words and phrases
shall have the meanings respectively ascribed to them by this section:
Any person building a residence or causing to have built
a residence.
The area between a sidewalk and curb.
That area between the sidewalk and the line five feet from
the property line on the private property side.
The street tree plan of the city, as adopted and made a part
of this chapter and as the same may hereafter be from time to time
amended.
Trees approved by this chapter for planting in street tree
areas and parkways.
[Ord. No, 467, § 3.]
All trees and shrubs planted in the street tree areas and parkways
shall conform as to species and location with the street tree plan
of the city.
[Ord. No. 467, § 4.]
The building official is empowered and directed to enforce the
provisions of this chapter.
[Ord. No. 467, § 5.]
No trees or shrubs shall be planted in any street tree or parkway
area without permission of the building official and the building
official shall require that all new plantings of street trees shall
be in accordance with the provisions of this chapter and the street
tree plan.
[Ord. No. 467, § 6.]
It shall be unlawful to plant in the street tree or parkway
area the following trees: Acacia, Palm, Poplar, Tree of Heaven, Conifers,
Sycamore.
It shall be unlawful to plant Willow, Cottonwood or Poplar trees
anywhere in the city, unless the city administrator approves the site
as one where the roots are not within one hundred feet of, and will
not interfere with, a public sewer.
[Ord. No. 467, § 7.]
Before the final inspection on any new residential construction,
the builder shall have planted the street trees in either the street
tree areas or parkways in accordance with this chapter and the street
tree plan and the planting thereof shall be as directed by the building
official. Watering and care of the trees thereafter shall be the responsibility
of the owners of the property.
[Ord. No. 467, § 8.]
No person shall cut, prune, remove, injure or interfere with any tree upon or in any street tree area or other public place in the city without prior permission and approval therefor from the building official. The building official is hereby authorized to grant such permission at his discretion and where necessary. Except those issued to public utility companies, as provided in section 32-8, no such permission granted shall be valid for a longer period than thirty days after its issuance.
[Ord. No. 467, § 9.]
Public utility companies shall be required to secure annual
permits to trim or prune trees which create a hazard to their facilities.
[Ord. No. 467, § 10.]
Any person engaging in the business of pruning, trimming or
removing of trees in the city shall secure an annual permit to so
operate from the building official. This permit is in addition to
all other business licenses required by this Code. No fee shall be
charged for the issuance of the permit. As a condition to obtaining
the permit, the person shall furnish satisfactory proof to the building
official that he has public liability insurance covering the pruning,
trimming or removing trees, in minimum amounts of twenty-five thousand
dollars for injury to any one individual, fifty thousand dollars in
the aggregate, and property damage insurance in the minimum amount
of five thousand dollars. The policy of insurance, or certificate
thereof, shall be filed with the building official, prior to the issuance
of the license, and such person shall keep the insurance in full force
and effect during the term of the permit.
[Ord. No. 467, § 11.]
Any tree or shrub growing in a street tree area or public place
which is endangering or which in any way may endanger the security
or usefulness of any public street, sidewalk or other public place
or the full and safe operation of public utility wires, is hereby
declared to be a nuisance and the building official may cause the
same to be trimmed or removed. The building official shall notify
the owner, or his duly authorized agent, in writing, that such trees
or shrubs are a nuisance and shall be trimmed or removed. Failure
of the property owner or his duly authorized agent to remove or trim
such trees or shrubs within thirty days after receipt of the notice
by the building official, shall be a violation of this chapter, and
the building official may then cause the trees or shrubs to be removed
or trimmed and assess the cost against the property owner. If existing
street trees are removed, they shall be replaced with trees which
conform to the street tree plan.
[Ord. No. 467, § 12.]
Mistletoe growing in any tree in the city is hereby declared
to be a nuisance. The building official may cause mistletoe growing
in any tree in the street tree area to be removed. In the case of
mistletoe growing on trees on private property, or in the private
property portion of the street tree area, the building official, or
his duly authorized representative, shall notify the owner, or his
duly authorized agent, in writing that such mistletoe is a nuisance
and should be removed. Failure of the property owner to remove or
to have such mistletoe removed within thirty days, after receipt of
the notice shall be a violation of this chapter and the building official
may then remove, or cause to be removed, such mistletoe and the cost
of removal shall be assessed against the property owner.
[Ord. No. 467, § 13.]
It shall be a violation of this chapter to abuse, destroy or
mutilate any tree, plant or shrub in a street tree area or any other
public place in the city or to attach or place any rope, wire (other
than one used to support a young or broken tree), sign, poster, handbill
or other things to or on any tree growing in a public place or to
cause or permit any wire charged with electricity to be placed or
attached to any such tree, except for temporary Christmas decorations,
or allow any gaseous, liquid or solid substances which are harmful
to such trees to come in contact with their roots or leaves.
[Ord. No. 467, § 14.]
Appeals from any direction or order given by the building official
shall be made in writing to the city administrator. Further appeal
to the city council from any direction or order given or made by the
city administrator under the provisions of this chapter may be made
by filing written notice thereof with the city clerk within ten days
after the receipt of such direction or order, stating in substance
that the appeal is being made from such direction or order to the
city council. The city clerk shall thereupon call such appeal to the
attention of the city council at their next regular meeting, at which
time and place the appellant and city administrator may present evidence.
Action by the city council after such hearing shall be conclusive
and final and in the event the city council shall uphold the direction
or order of the city administrator, the property owner, or his duly
authorized agent, shall within fifteen days thereafter comply with
such direction or order.
[Ord. No. 467, § 15.]
Nothing contained in this chapter shall be deemed to impose
any liability upon the city, its officers or employees, nor to relieve
the owner of any private property from the duty to keep any tree,
shrub or plant upon his property or under his control in such condition
as to prevent it from constituting a hazard or an impediment to travel
or vision upon any street, park, pleasure ground, boulevard, alley
or public place within the city.
[Ord. No. 467, § 16.]
The street tree plan of the city is as follows:
|
TREE PLAN
| |||||
|---|---|---|---|---|---|
|
UTILITY HEIGHT
| |||||
|
Under 35 feet
|
35-50 Feet
|
No Overhead
|
Interval Planning
| ||
|
X
|
X
|
X
|
35'
| ||
|
PARKWAYS 1-1/2' - 3' wide
| |||||
|
1.
|
Lagerstroemia Indica (crepe myrtle)
|
X
| |||
|
PARKWAYS 3' - 4' wide
| |||||
|
2.
|
Golden Rain (Modesto recommends) Koelreuteria Paniculata (good
lawn tree)
|
X
| |||
|
3.
|
Trees, #1 above
|
X
|
35'
| ||
|
4.
|
Betula Alba (deep open soil) (white birch)
|
X
| |||
|
5.
|
Betula Alba Pendula (weeping birch)
|
X
|
35'
| ||
|
6.
|
Prunus Blireana (double flower- foliage fades in heat, subject
to aphids)
|
X
|
35'
| ||
|
7.
|
Prunus Vesuvius Krauter (single flower - foliage stays red in
summer)
|
X
|
35'
| ||
|
PARKWAYS 4' - 6' wide
| |||||
|
8.
|
Pistacia Chinensis (Chinese Pistache, Keith Davey, Male)
|
X
|
45'
| ||
|
9.
|
Ginkco Ciloba (Autumn Gold, Male - Maidenhair tree)
|
X
|
45'
| ||
|
10.
|
Querous Ilex (Holly Oak)
| ||||
|
PARKWAYS 6' wide or more
| |||||
|
11.
|
Zelkova Serrata
|
X
|
60'
| ||
|
12.
|
Liquidambar Styaci Flua (Palo Alto Sweet Gum)
|
X
|
60'
| ||
|
13.
|
Liquidambar Formosana
|
X
|
40'
| ||
|
14.
|
Magnolia Grandiflora Stalwart
|
X
|
40'
| ||
|
15.
|
Quercus Suber (Cork Oak) (drop leaves in Spring)
|
X
|
50'
| ||
|
16.
|
Acer Plantanoides Schwedleri (Aphids - apt to burn) (can plant
in 5' parkway)
|
X
|
40'
| ||
|
17.
|
Honey Locust Morraine - limbs need more pruning than Imperial
or Majestic (turn in)
|
X
|
45'
| ||
|
18.
|
Honey Locust (Imperial - hold leaves longer and get them earlier)
|
X
|
45'
| ||
|
19.
|
Honey Locust (Sunburst - smaller copper yellow, new growth in
summer)
|
X
|
40'
| ||
|
20.
|
Honey Locust (Skyline - narrower) (the above honey locust are
seedless, podless)
|
X
|
45'
| ||
|
21.
|
Sophora Japonica (Chinese Pagoda)
|
40'
| |||
|
22.
|
All trees listed for 1-1/2' to 6' parkways above
| ||||
All trees approved for parkways may be planted in street tree
areas.
