§ 12.16.030. Street tree requirements.

A.

A street tree shall be planted at the time of construction by every property owner, except for subdivisions, spaced no farther than fifty (50) feet apart along the street frontage of any building constructed. Interior remodeling permits and activity shall be exempt from street tree planting requirements. The director shall specify specific locations along the frontage of the constructed building for street trees and shrubs on public streets and tree planting easements, and the species of tree shall be selected by the director from the master street tree list on file with the parks, recreation and facilities department. Street trees shall be of a fifteen (15) gallon container size (or greater) and comply with the standards set forth by the American Society of Nurserymen.

B.

For property within commercial or industrial zoned districts in the city, the property owners, upon construction, shall provide tree planting wells within any paved or concrete sidewalk. Street trees shall be planted within these wells as outlined in subsection A of this section, with the addition of installing deep root barriers.

C.

A fee, consistent with that established by the city council for subdivision maps shall be imposed by the director, if the property owner requests that the city plant the required tree(s) on his or her behalf.

D.

All existing and proposed street trees shall be identified by the applicant on all construction and building plans and maps presented to the city.

E.

No existing street tree shall be removed or replaced without written authorization of the director or the tree coordinator.

F.

It shall be the responsibility of the property owner to properly maintain all street tree-planting areas upon his or her property, including any adjacent easement, regardless of whether such property is developed. Such maintenance shall include irrigation and keeping such planting easements free from weeds or any obstructions deemed contrary to public safety and in conformance with the plan approved by the director for the property involved.

G.

The director shall, at city expense, inspect and, when necessary, remove and/or replace street trees.

H.

The director may cause the roots of young trees in the process of development to be cut to prevent future sidewalk lifting. Roots on older trees that have lifted sidewalks may be cut. Overhead limbs may be pruned or cut back to compensate for the loss of root area.

I.

The director may cause the removal of overhead limbs from any street tree, regardless of the location of such street tree, if, in the director's opinion, such removal is necessary in the interest of public safety.

J.

Nothing in this chapter shall be deemed to relieve the owner and occupant of any private property from the duty to keep his or her private property, sidewalks and planting easements in front of such private property in a safe condition and so as not to be hazardous to public travel.

K.

Whenever a property owner desires to have a street tree removed, he or she shall apply to the director for a permit for such removal. The director may approve or deny such request.

L.

Any street tree damaged or destroyed by an individual shall be replaced through payment by the person or persons causing such loss to the city. The amount of such payment shall be the replacement value of the tree, as determined by the director, but in no event shall it be less than one hundred fifty dollars ($150.00) per tree and shall be in addition to any criminal fine or penalty for municipal code violation. Any act intentionally damaging or destroying a street tree shall constitute a misdemeanor violation of this chapter.

(Ord. No. 656, § 1, 8-27-2013)