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Ordinance 1975-13ORDINANCE NO. 75-13 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 26 OF THE GILROY CITY CODE RELATING TO TREES. THE CITY COUNCIL OF THE CITY OF GILROY DOES ORDAIN AS FOLLOWS: SECTION I: Chapter 26 of the Gilroy City Code is amended to read as follows: CHAPTER 26. TREES. 26.1. Definitions. 26.2. Purpose. 26.3. Enforcement of chapter. 26.4. Master Tree List -- Composition by Director; on file with commission; revisions. 26.5. Same -- Trees which must be Un list. 26.6. Jurisdiction, supervis~pn and controlQ 26.7. Permit -- Required to cut, trim, plant, etc., trees in public streets. 26.8. Same -- Utilities, etc., shall have permit to allow maintenance of safe operation; scope of permit; term. 26.9. Same--Only those qualified may act under permit; exception; necessary qualifications. 26.10. Same -- Owner to be notified prior to cutting tree in front of land. 26.11. Inspections to determine hazards, etc., and public nuisances; owner must remove public nuisance within time limit. 26.12. Liability of city; owner to properly maintain trees on his property. 26.13. Appeal from decisions. 26.14. Marring, defacing, ere , trees on private property. 26.15. Marring, defacing, etc., trees on public property. 26.16. Tree planting requirements. 26.17. Penalty for violations. -1- ORDINANCE NO. 75-13 Sec. 26.1 Definitions. For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section: Owner. The legal owner of real property fronting on any street of the city and any lessee of such owner. Person. Includes lessees, trustees, receivers, agents, servants, and employees of any person. Public streets or streets Ail roads, streets, avenues, boulevards', alleys, parkways a~d public rights of way or any portion thereof, of the city. Director. The Director of Parks and Recreation of the .City of Gil'~oy. Commission. City of GYlroy. The Parks and Recreation Commission of the See. 26.2 It is for the best interests of the city and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees in or which may over- hang public streets within the city should be developed and established. This chapter, therefore, is for the purpose of developing and providing for such a plan and program and for the purpose of establishing rules and regulations relating to the planting and removal of such trees. Sec. 26.3 Enforcement of chapter. The Director of Parks and Recreation shall be charged with the enforcement of this chapter, Sec. 26.4 Master Tree List --Composition by Director; on-~ew--Q-fl-h'~issl0n; ~'evi~tons.- ~- The Director is hereby charged with the duty of promptly determining the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted in or which may overhang the public streets within the city. 'Such determination shall be made by the Director who shall consult with those familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen and park executives. When such deter- mination has been made the Director shall report his findings in writing to the commission, which shall make a recommendation to the city council. When approved by the city council said report shall be known as the Master Tree List, shall be placed on file in the office of the commission and shall thereafter be the official Master Tree List. Revisions or changes in such Master Tree List may be made from time to time by the Director in the manner described in this section for the development, approval and filing of the original Master Tree List. -2- ORDINANCE NO. 75-13 Sec, 26,5 Same -- Trees which must be on list, All trees hereafter planted in or which may overhang the public atreets of the city must be on the Master Tree List, unless a written permit from the Director shall have first been obtained to plant a tree not on said list. Such permit may be granted by the Director only upon his obtaining approval therefor from the commission. It shall be unlawful to plant any tree except as in this section provided. Sec~ 26.6 JUrisdicti_o_n, s__qpervision and control · The Director shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public streets of the city, and shall likewise have supervision, direction and control of the 'care, trimming, removal, relocation and replacement thereof~ Sec. 26.7 Permit -- Required to cut, tK. im, plant, e.lc., trees in publl-~ streets. It shall be unlawful and it is'hereby prohibited for any person other than the Director or his authorized agents or employees to cut, trim, prune, spray, brace, plant, move, remove or replace any tree in any public street within the city or to cause the same to be done, unless and until a written permit to do so shall have first been obtained from the Director. Any such permit may be declared void by the Director if its terms are violated. Sec. 26.8 Same -- Utilities, etc. shall have permit t--6--~llow maintenance of ~ o~-~tion.; 'scope o--f Permit; term. Any person doing business as a public utility subject to the jurisdiction of the state public utilities commission and any duly constituted public agency authorized to provide and providing utility service shall be given a permit from the Director, valid for one year from the date of issuance, per- mitting 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 upon private property to the extent that they encroach upon such public streets as may be necessary to comply with the safety regulations of such commission and as may be necessary to maintain the safe operation of its business. Sec. 26.9 Same -- Only those qualified may act under permit; ~to-I-6~;necessary qu-'6~lI-f~catlo-~--~s. No person other than an owner or the city or public utility may do any act for which a permit is required under section 26.7 hereof except a person whose principal business is tree surgery, trimming or maintenance and who, in the opinion of the Director is qualified for such business and who has obtained a license to carry on such business in the city from the director of finance. -3- ORDINANCE NO. 75-13 Sec. Same --Owner be notified prior ,,t° hutting tY~a "~9'f~ont of:land'. . Tn __ Before the Director shall consent to the cutting of any tree or any part thereof, the Director must be satisfied that the owner of the lot or land on the side of the street immedi- ately in front of which such tree is growing has received notice of the intention to cut such tree. Sec. 26.11 'InsPections to determine hazards, etc., and Pub'li'h' nu--fsances;' oWner must r~move publi6~nuis~nce Withint-~~t~ The Director may inspect any tree adjacent to or over- hanging any public street in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of any one traveling on such public street. Any tree or part. thereof growing upon private property by overhanging or inter fering with the use of any street that in the opinion of the Director endangers the life, health, safety or property of the public shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within ten days after receipt of written notice thereof to do so from the Director, the Director shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner. Sec. 26.12 Liability of ci_~z; owner to properly main- ~ain trees--~n nzs p~..~7 ' Nothing contained in the preceding section 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 upon his'property or under his control in such a condition as to prevent it from constituting a public nuisance as defined in this chapter. Sec. 26.13 Appeal from decisions. Any person aggrieved by any act of determination of the Director in the exercise of the authority granted in this chapter shall have the right to a hearing before the commission which shall decide the matter, subject to the right of appeal to the city council, whose decision, after public hearing of such matter, shall be final and conclusive. Sec. 26.14 MArring, defacing, ere., trees on private property. It shall be unlawful for any person to mar, deface, cut or in any manner injure or damage any tree growing on private property within the limits of the city without the consent of the owner thereof. ORDINANCE NO. 75-13 -4- Sec. 26.15 Marring, defacing, .~.tc., trees on public property. It shall be unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree in any public street or on any public property in the city nor shall any person place, apply, attach or keep attached to any such tree or to the guard or stake intended for the protection thereof any wire, rope other than one used to support a young or broken tree, sign, paint or any other substance, structure, thing or device of any kind or nature whatsoever, without having first obtained a written permit from the Director~ SeC. 26.16 Tree planting requirements. The planting of trees in subdivisions as required by Sec. 21.35 shall be administered under the provisions of this Chapter. The subdivider or developer shall be charged fees sufficient to defray the actual cost of the City for time and materiel expended in such plantings. Sec. 26.17 Penalty for violations. Any violation of any provision of this Chapter, or the failure to comply with said provisions~, shall be an infraction. SECTION II: Ail other ordinances and parts of ordinances in conflict herewith are hereby repealed. SECTION III: This ordinance shall take effect and be in full force thirty (30) days from and after its adoption and approval. PASSED AND ADOPTED this 4th day of August, 1975, by the following AYES: vote: NOES: ABSENT: COUNCILMEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT and GOODRICH' COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE APPROVED ATTE S T !:, .- C!t~ Cler~' '~ ORDINANCE NO. 75-13 -5- I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No.75-13 is an original ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 4th day of August , 19 75 , at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official~seal of the City of Gilroy, this 6th day of ,,Au~gust Gi~ty Clerk of the City of Gilroy (~ (Seal) 19 75 mmm.