Chapter 2.84 URBAN FORESTRY
Section 2.84.030 City forester - authority.
A. City property. The City forester shall have the authority and jurisdiction
to regulate
the planning, planting, maintenance and removal of public trees and/or shrubs in the
public right-of-way, other City property to insure public safety, alleviate interference with
providing of essential services, and preserve the aesthetics of such public sites. When it is
proposed that a public tree removal is necessary, then written notice to abutting tenants
and/or property owners shall be given (15) fifteen days before the work is initiated. The
requirement for written notice is not necessary in the case of emergency.
B. Private property. The City forester shall have the authority to direct
City personnel,
under the City forester's supervision, to prune or remove trees or shrubs on private
property which interfere with street and sidewalk clearance or visibility; to remove trees
or shrubs on private property which are causing damage to curb, gutter, sidewalk or other
City property; or which condition, in the City forester's opinion, constitutes a hazard to
the general public. Consultation with, and (15) fifteen days written notice to the tenant
and property owner, shall be given prior to any pruning or removal of trees located on
private property, except in the case of emergency. Certified mailing of notice to the
property owner may be sent at the City's expense if the property owner does not reside on
the affected property.
C. Affected or infested trees on private or abutting public property.
Whenever the City
forester determines that trees or shrubs located upon private property or upon abutting
public property are infected or infested with any tree or plant disease or insect pest, the
uncontrolled presence of which may constitute a hazard to or result in the damage or
destruction of other trees or shrubs in the community, the City forester may forthwith
issue a notice requiring the owner or adjacent owner to treat or remove any such
designated tree or shrub within a time specified in such notice. The notice may be served
by certified mailing a copy thereof to the owner or occupant of the property and by
certified mailing a copy of the notice to the owner if the owner is not a resident at the
subject property. If there is no compliance with the requirements of the notice within the
time specified therein of not less than (15) fifteen days, then the City forester shall
proceed to have the designated tree or shrub treated or removed and the cost of such
treatment or removal
shall be paid by the owner of the property. If the charges are not paid within (30) thirty
days, then the City attorney may commence a proceeding to collect the charges in any
court of competent jurisdiction, or in the alternative, the director of finance may at the
time of certifying other City taxes to the county clerk, certify the unpaid costs and the
county clerk shall extend the same on the tax roll of the county against such lot or parcel
of ground.
D. Development plantings. The City forester shall have the authority,
and it is his duty
to inspect and approve tree planting, landscaping and planting plans on public property.
(Ord. 2006-03, Add, 08/02/2006)