HomeMy WebLinkAbout09-05 CC OrdinanceORDINANCE NO. 09-05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, ADDING NEW CHAPTER
8.48 (TEMECULA HERITAGE TREE ORDINANCE) TO
TITLE 8 (HEALTH AND SAFETY) OF THE TEMECULA
MUNICIPAL CODE
The City Council of the City of Temecula, does ordain as follows:
Section 1. Title 8, "Health and Safety," of the Temecula Municipal Code is
hereby amended by the addition of a new Chapter 8.48, to read as follows:
"CHAPTER 8.48
HERITAGE TREE ORDINANCE
Article 1
General Provisions
J
8.48.100
8.48.110
8.48.120
8.48.130
8.48.140
8.48.150
8.48.160
8.48.170
8.48.100
This chapter shall be known as "The City of Temecula Heritage Tree Ordinance"
and is referred to herein as the "Ordinance."
8.48.110 Purpose
The purpose of this Ordinance is to protect and preserve Oak, California Bay
Laurel, California Black Walnut, California Holly, and California Sycamore trees as well
as other trees of special significance to the community; and to justify special efforts to
preserve and protect them from development activity.
Title
Purpose
Applicability
Definitions
Heritage Tree Preservation
Heritage Tree Preservation and Protection Plan
Designation of Heritage Trees
Non-Liability of City
Title
and Protection Guidelines
This Ordinance will also encourage the application of management techniques to
control the pruning, cutting, shaping, removal, and relocation of Heritage Trees within
' the City. The preservation program outlined in this Ordinance will contribute to the
welfare and aesthetics of the community and retain the great historical and
environmental value of these trees.
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8.48.120 Applicability
Except as noted under paragraph A of this Section, this Ordinance shall apply to:
(a) any development application for parcels larger than five (5) acres in size that
requires a discretionary permit; (b) any tree designated as a Heritage Tree through the
nomination process, or; (c) designated species pursuant to Section 8.48.160.A., located
within General Plan Open Space areas, within riparian areas, within Western Riverside
County Multi-Species Habitat Conservation Plan Important Wildlife Corridor Linkage
areas, or within Heritage Tree Grove areas.
A. The Heritage Tree Ordinance shall not apply to:
1. Statutory extensions of time for previously approved parcel and tract maps
when there are no changes to the project and no amendments to the adopted
conditions of approval.
2. Previously adopted Specific Plans and future Specific Plan Areas. Such
plans contain their own requirements for protection and preservation of Heritage Trees.
8.48.130 Definitions
For purposes of this Ordinance, the following words and phrases shall have the
meaning set forth in this Section.
"Certified Arborist" means an arborist who is registered with the International
Society of Arboriculture and approved by the Planning Director.
"City" means the City of Temecula.
"Cutting" means the detaching or separating, from a protected tree, any limb,
branch, or root. Cutting shall include pruning.
"Damage" means any unpermitted action, including, but not limited to, cutting,
poisoning, over watering, removal, relocation, transplanting, trenching, excavating, or
paving within the protected zone of a tree, that causes the injury, death, or
disfigurement of a Heritage Tree.
"Discretionary Permit" means an application for new construction that requires
the exercise of judgment or deliberation or decision on the part of the decision-making
authority in the process of approving or disapproving a particular activity, as
distinguished from situations where the decision-making authority merely has to
determine whether there has been conformity with applicable statutes, ordinances, or
regulations.
"Disfigurement" means the unsightly and injurious cutting of a Heritage Tree,
including, but not limited to tree-trimming practices not in conformance with standards
established by the International Society of Arboriculture and pruning practices such as
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stubbing, heading, heading back, stubbing off, pollarding, tipping, topping off, de-
horning, lopping, and rounding.
"Deadwood" means limbs, branches, or a portion of a tree that contains no green
leaves during a time of year when they would be present on a healthy tree of that type.
"Development" means the improvement or use of real property that requires the
City's discretionary review and approval.
"Drip line" means the outermost edge of the tree canopy, which when depicted
on a map, will appear as an irregular shaped circle that follows the contour of the tree's
branches as seen from overhead.
"Encroachment" means any intrusion into or human activity within the protected
zone of a Heritage Tree including, but not limited to, pruning, grading, excavating,
trenching, parking of vehicles, storage of materials or equipment, or the construction of
structures or other improvements.
"Licensed Landscape Architect" shall mean an individual who holds a
professional license to practice landscape architecture, as defined under Business and
Professions Code section (BPC) 5615, or is licensed by the State of California
Landscape Architects Technical Committee (the licensing and regulatory agency for the
practice of landscape architecture in California).
' "Heritage Tree" means a tree designated as a Heritage Tree pursuant to Section
8.48.160 of this Ordinance.
"Heritage Tree Grove" means a location confirmed by site visit or other empirical
evidence that is known to contain multiple Heritage Trees. Such Heritage Tree Grove
areas may occupy portions of one or more parcels, the location(s) of which shall be
indicated on maps maintained by the Planning Department.
"Heritage Tree Preservation and Protection Guidelines" means the collection of
administrative rules, procedures, and requirements prepared and published by the
Planning Director pursuant to Section 8.48.140 of this Ordinance.
"Oak Tree" means any oak tree of the genus Quercus including, but not limited
to, California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus
dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia),
and Valley Oak (Quercus lobata).
"Owner" means a legal owner of real property within the City of Temecula or any
lessee of the owner.
"Person" means any individual, firm, association, corporation, organization, or
' partnership or any city, county, district, the State or any department or agency thereof.
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"Planning Director" means the City's Planning Director, or his or her designee.
"Protected zone" means the area extending horizontally outward from the trunk of
a Heritage Tree to a point five (5) feet beyond the drip line but in no case extending less
than fifteen (15) feet from the trunk.
"Pruning" means the removal of water sprouts, crossed limbs, or other unhealthy
branching structure in accordance with standards established by the International
Society of Arboriculture.
"Relocation" means the transplanting of a tree from its original location to another
suitable location.
"Removal" means the physical removal of a tree or causing the death of a tree
through damaging, poisoning, or other direct or indirect action.
"Right-of-Way" means any dedicated street right-of-way, or recorded easement
for maintenance or utility purposes.
"Routine maintenance" means actions needed for the continued good health of a
Heritage Tree including, but not limited to, removal of deadwood, insect control
spraying, and watering.
' "Special District" means an agency having a Board of Directors that is voted in by
the public, such as a school district or water district.
"Tree Canopy" means the top layer or crown of mature trees.
8.48. 1140 Heritage Tree Preservation and Protection Guidelines
The City shall formulate and publish "The City of Temecula Heritage Tree
Preservation and Protection Guidelines." The Planning Commission shall have the
authority to change, update, or revise the Guidelines as necessary in order to
implement the provisions of this Ordinance.
8.48.150 Heritage Tree Preservation and Protection Plan
Upon submittal of an application for a discretionary permit on parcels larger than
five acres, the Applicant shall also submit a tree inventory as part of the required
conceptual landscape plans which shall list and identify all trees located within the
proposed project site. Such tree inventory shall identify all trees by their common and
scientific names and location on the site. If Heritage Trees are identified on site, the
Applicant shall adhere to the preservation standards contained in the Heritage Tree
Preservation and Protection Guidelines, or may hire a certified arborist or a licensed
landscape architect to prepare a Heritage Tree Preservation and Protection Plan for
' each potential Heritage Tree to protect them during grading and construction activities
and for the life of the project.
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' 8.48.160 Designation of Heritage Trees
A. Designated Species. Any specimen of the following species that has been
identified in a tree inventory in connection with the submittal of an application for a
discretionary permit and has reached the required diameter is a Heritage Tree:
1. Oak Trees of the genus Quercus including, but not limited to,
California or Coast Live Oak (Quercus agrifolia), Coastal Sage Scrub Oak (Quercus
dumosa), Engelman Oak (Quercus engelmannii), Scrub Oak (Quercus berberidifolia),
and Valley Oak (Quercus lobata) more than eighteen (18) inches in diameter when
measured at a point four (4) feet above the natural grade at the base of the tree.
2. Platanus racemosa, (California Sycamore) more than twelve (12)
inches in diameter when measured at a point four (4) feet above the natural grade at the
base of the tree.
3. Umbellularia californica, (California Bay Laurel) more than twelve
(12) inches in diameter when measured at a point four (4) feet above the natural grade
at the base of the tree.
4. Juglans californica, (California Black Walnut) more than twelve (12)
inches in diameter when measured at a point four (4) feet above the natural grade at the
base of the tree.
' 5. Heteromeles (Photinia) arbutafolia, (California Holly) or (Toyon)
more than twelve (12) inches in diameter when measured at a point four (4) feet above
the natural grade at the base of the tree.
6. Trees of the above listed species with multiple trunks are deemed
to have reached the required diameter if the sum of the diameters of the multiple trunks
exceeds the diameter required for a single trunk tree by two (2) inches.
B. Designated Areas. For purposes of this Ordinance, designated species
pursuant to Section 8.48.160.A. and located within the following areas are determined
to be Heritage Trees:
General Plan Land Use Map Open Space areas.
2. Riparian areas.
3. Western Riverside County Multi-Species Habitat Conservation Plan
Important Wildlife Corridor Linkage areas.
4. Heritage Tree Grove areas identified by the City of Temecula and
shown on exhibits maintained by the Planning Department.
C. Designation of Heritage Trees Through Nomination.
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' 1. Public initiated nominations. Upon the submission of a Heritage Tree
nomination application by any member of the public, the Planning Commission may,
after holding a noticed public hearing, designate any tree, regardless of species or
location, as a Heritage tree if the Owner of the subject tree supports the application and
the Planning Commission determines the tree should be preserved and protected due
to one or more of the following criteria:
a. Rarity. The nominated tree is an unusual species in Temecula,
California, or North America.
b. Size. The nominated tree is of notable size, height, diameter, or
canopy width compared to other trees of the same species.
c. Age. The nominated tree is of significantly advanced known or
estimated age for its species.
d. Historical association. The nominated tree is related to a
historic or cultural building, site, street, person or event.
e. Ethnic appreciation. The nominated tree is of particular value to
certain ethnic groups in the neighborhood or the City.
f. Neighborhood appreciation. The nominated tree is supported
' by multiple indicators including but not limited to letters of
support, petition, outdoor gatherings and celebrations adjacent
or related to the tree.
g. Planting defines neighborhood character. The nominated tree
defines or contributes to the neighborhood aesthetic.
h. Profiled in a publication or other media. The nominated tree has
received print, internet, and or video media coverage.
i. High traffic area. The nominated tree has a high level of
visibility and or a possible traffic calming effect.
j. Low tree density. The nominated tree exists in a neighborhood
with few trees.
k. Extends between multiple properties. The nominated tree has a
high level of visibility and provides benefits to two or more
adjacent properties.
1. Accessible from public right-of-way. The nominated tree
possesses high visibility and provides benefits to the general
' public.
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' m. Important wildlife habitat. The nominated tree provides or
potentially provides source of shelter and or food for wildlife.
n. Interdependent group of trees. The nominated tree is part of a
supercanopy and removal may have an adverse impact on
adjacent trees.
o. Erosion control. The nominated tree contributes to soil stability
and prevents erosion.
p. Wind or sound barrier. The nominated tree reduces wind speed
or deflects wind, and or mitigates undesirable noise.
q. Prominent landscape feature. The nominated tree is a striking
and outstanding natural feature.
r. Character defining form. The nominated tree is an example of
good form for its particular species.
s. Tree Condition. The condition of the nominated tree shall be a
factor in determining its status for protection as a Heritage Tree.
2. City initiated nominations. The City, in exercising its police powers,
' may designate any tree in the City of Temecula as a Heritage Tree, regardless of
species or size. Any City initiated Heritage Tree nomination application shall be subject
to the same noticed public hearing of the Planning Commission as detailed in section
8.48.160.C.1, except that there shall be no application fee and the Property Owner's
consent shall not be required. The Property Owner shall be notified of the public
hearing and will have the opportunity to speak in favor of or against the nomination. A
City initiated Heritage Tree nomination application shall be approved only if the decision
maker determines that: (i) the tree should be preserved and protected due to its age,
size, rarity, location or appearance; or (ii) the tree is determined to be historically
significant. A tree shall be deemed historically significant if any of the following findings
can be made:
a. The tree is associated with events that have made a significant
contribution to the broad patterns of California's history and cultural heritage;
b. The tree is associated with the lives of persons important in our
past;
c. The tree embodies the distinctive characteristics of a type,
period, region, or method of construction, or represents the work of an important
creative individual, or possesses high artistic values; or
' d. The tree has yielded, or may be likely to yield, information
important in prehistory or history.
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D. The Planning Commission or City Council, may, when reviewing a
development application, designate any tree on the site of the proposed development,
regardless of species, as a Heritage tree if it determines the tree should be preserved
and protected as a condition of development due to its age, size, rarity, location or
appearance. Any Heritage Tree so designated shall continue to be a Heritage Tree for
purposes of this Ordinance regardless of whether the approved development is ever
initiated.
E. Any tree planted as a replacement for a Heritage Tree pursuant to this
Ordinance shall constitute a Heritage Tree.
F. Any tree designated as a Heritage Tree shall cause the Applicant/Owner
to record with the Riverside County Clerk and Recorder's Office a covenant and/or a
Notice of Condition Affecting Real Property to protect the tree from future ground
disturbing activities.
G. If a tree is designated as a Heritage Tree under Section 8.48.160.C.2, the
City shall pay the recordation fees.
8.48.170 Non-Liability of City
Nothing in this Ordinance shall be construed to impose any liability for damages
or a duty of care and maintenance upon the City or its officers, employees, agents, or
volunteers.
Article 2
Cutting, Removal, Relocation, or Encroachment Upon Heritage Trees
8.48.200 Heritage Tree Maintenance and Preservation
8.48.210 Permit Requirement and Exceptions
8.48.220 Permit Application and Review
8.48.230 Standards of Approval
8.48.200 Heritage Tree Maintenance and Preservation
A. All owners of real property on which a Heritage Tree is located and that is
improved, approved for development, or part of or associated with the approved
development of another piece of property, including but not limited to property required
to be maintained as permanent open space or for recreational purposes, shall maintain
such Heritage Trees in a state of good health. Failure to do so will constitute a violation
of this Ordinance.
' B. Recreational and resort uses may prune, cut, plant, encroach upon, or
relocate Heritage Trees, and or modify irrigation systems in a manner consistent with
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' Ile normal and accepted industry business practices to maintain the property in good
condition to support its use, provided such activities are consistent with the Heritage
Tree Preservation and Protection Guidelines. Heritage Trees may be removed from
such uses after providing the City of Temecula 48 hours prior notice to allow the City an
opportunity to evaluate the tree(s) in question.
C. Damaging a Heritage Tree is prohibited. Each action that damages a
Heritage Tree shall be a separate violation.
8.48.210 Permit Requirement and Exceptions
A. Except as allowed under paragraph B of this Section, no person shall cut,
remove, or relocate a Heritage Tree, or encroach into the protected zone of any
Heritage Tree without first obtaining a Heritage Tree Removal or Relocation Permit from
the City in accordance with the provisions of this Ordinance.
B. A Heritage Tree may not be cut, removed, relocated, or encroached upon
without a Heritage Tree Removal or Relocation Permit, except under the following
circumstances:
1. Pruning and routine maintenance.
2. The tree has been determined by a licensed landscape architect to
' be irreparably diseased or dead.
3. A peace officer, fireman, civil defense official, or code enforcement
officer has determined in his or her official capacity that the tree poses an imminent
danger to the public or to property, in which case the tree may be cut, removed,
relocated, or encroached upon only to the extent necessary to avoid the danger
presented. The Planning Department shall be promptly noticed of the nature of the
emergency and action taken.
4. Fire Department personnel actively engaged in fighting a fire have
determined that removal of the tree is necessary to their firefighting efforts.
5. The tree is less than ten (10) inches in diameter and is held for sale
by a licensed nursery.
6. City staff has determined it is necessary to cut, remove, relocate, or
encroach upon the tree to prepare a site or undertake an approved capital improvement
project that has received environmental clearances under the California Environmental
Quality Act.
7. The Director of Public Works or the City Traffic Engineer has
directed the cutting, removal, relocation, or encroachment in order to: (i) maintain public
rights-of-way or adequate line-of-sight distances; and (ii) construct improvements within
existing or proposed General Plan Circulation Element rights-of-way, adjacent slopes,
and appurtenances.
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8. Cutting, removal, relocation, or encroachment is required to widen
a Principal Intersection to accommodate additional dedicated turning lanes in
accordance with adopted goals, objectives and policies contained in the General Plan
Circulation Element.
9. Cutting, removal, relocation, or encroachment occurs as part of
construction or maintenance activities for facilities owned or operated by or for a public
agency, special district, or a utility company under the jurisdiction of the public utilities
commission.
10. Recreational and resort uses shall not be required to obtain permits
for cutting, removal, relocation, or encroachment of or on Heritage Trees when such
activities are necessary subject to Section 8.48.200 B.
8.48.220 Permit Application and Review
A. An applicant for a Heritage Tree Removal or Relocation Permit shall
submit an application on a form designated by the Planning Director and pay the
appropriate filing fee as set by Council resolution.
B. If an application for a Heritage Tree Removal or Relocation Permit
pertains to five (5) or fewer trees located on a single parcel, the Planning Director shall
review the application and approve, deny, or conditionally approve the request. The
Planning Director's decision may be appealed to the Planning Commission, which may
uphold, modify, or reverse the decision of the Planning Director.
C. The Planning Commission shall review all applications for a Heritage Tree
Removal or Relocation Permit not reviewed in the first instance by the Planning
Director. The Planning Commission shall approve, deny, or conditionally approve the
request. The Planning Commission's review shall be consolidated with its consideration
of all other entitlement applications for the property, if any.
D. All decisions of the Planning Commission pursuant to this Ordinance may
be appealed to the City Council in accordance with Chapter 2.36 of the Temecula
Municipal Code.
8.48.230 Standards of Approval
A. An application for a Heritage Tree Removal or Relocation Permit may be
approved only if the decision-maker finds and determines that the requested cutting,
removal, relocation, or encroachment is necessary to:
1. Maintain or aid the health, balance, or structure of the Heritage
Tree;
2. Protect life or property from a danger posed by the Heritage Tree
that cannot be reduced or eliminated by use of reasonable preservation and/or
preventative procedures and practices; or
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' 3. Enable the reasonable and conforming use of the property, which is
otherwise prevented by the presence of the tree.
B. When deciding whether to approve, deny, or conditionally approve a
Heritage Tree Removal or Relocation Permit, the decision maker may consider the
following factors:
1. Whether a public purpose is being provided by the issuance of the
permit or if the removal is primarily to facilitate private development;
2. The overall condition, species, approximate age, size and general
health of the Heritage Tree(s) to be removed;
3. A certified arborist's or licensed landscape architect's report on the
likelihood for survival of any Heritage Tree(s) to be relocated;
4. The species, size and number of replacement tree(s) being
provided as mitigation; and
5. Other factors as appropriate, in accordance with a certified
arborist's or licensed landscape architect's report.
C. The decision maker may impose conditions to offset or mitigate the
requested cutting, removal, relocation, or encroachment, including, but not limited to,
any of the following:
1. The relocation of the subject tree to another location on-site or off-
site.
2. The on-site or off-site planting of one (1) replacement tree of the
same or similar species, having the approximate size, age and health as the Heritage
Trees for every one (1) Heritage Tree removed;
3. The on-site or off-site planting of two (2) 48-inch box trees of the
same species as the removed Heritage Tree for every one (1) Heritage Tree removed
when it is not feasible to meet the requirements of Section 8.48.230.C.2.;
4. The initiation of an objectively observable maintenance and care
program in accordance with a certified arborist's or licensed landscape architect's report
to insure the continued health and care of Heritage Trees on the property;
5. Payment of a fee equal to the cost of procuring, planting,
establishing, and maintaining one (1) replacement tree for every one (1) Heritage Tree
removed, which cost shall be based on the latest edition of either the "Guide for Plant
Appraisal" by the International Society of Arboriculture or the "Standards for Valuation of
Amenity Trees" of the International Society of Arboriculture. Such payments shall be
used solely to fund the cost of replacing trees that have been removed.
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Article 3
Violations and Enforcement
8.48.300
Violations
8.48.310
Remedies
8.48.320
Restitution
8.48.330
Collection of Penalties
8.48.300
Violations
A. Violations of this ordinance are subject to criminal misdemeanor penalties
and civil penalties pursuant to Chapters 1.21 and 1.24, respectively, of the Temecula
Municipal Code.
B. Intimidating, harassing, or otherwise retaliating against any person who
seeks to attain compliance with this Ordinance is prohibited.
C. Causing, permitting, aiding, abetting or concealing a violation of any
provision of this Ordinance is prohibited.
D. A violation of this chapter is declared to be a public nuisance.
8.48.310 Remedies
A. The remedies provided by this Ordinance are cumulative and in addition to
any other remedies available at law or in equity. The City may seek to remedy any
violation of this Ordinance by a civil action, including, without limitation, administrative or
judicial nuisance abatement proceedings, civil or criminal code enforcement
proceedings, and suits for injunctive relief.
B. If a violation occurs during development, the City may issue a stop work
order suspending and prohibiting further activity on the property pursuant to the grading,
demolition, and/or building permit(s) (including construction, inspection, and the
issuance of Certificates of Occupancy) until a Mitigation Plan has been prepared by a
certified arborist or a licensed landscape architect, filed by the developer and approved
by the Planning Director.
C. If a violation occurs in the absence of development, or while an application
for a building permit or discretionary development approval is pending for the property
upon which the tree is located, the Planning Director may: (1) issue a stop work order
halting all activity on the parcel; or (2) request the City Council issue a temporary
moratorium on development of the subject property pursuant to law if the violation is
found to be the result of willful misconduct. The purpose of this stop of activity shall be
to provide the City an opportunity to determine appropriate mitigation measures, if any,
for the tree removal and to ensure such measures are incorporated into any future or
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' pending development approvals for the property. Mitigation measures may be imposed
as a condition of any subsequent permits for development on the subject property.
8.48.320 Restitution
A. In addition to any other remedy or penalty provided for by the Ordinance,
the City may seek restitution from any person who damages, removes, or relocates a
Heritage Tree in violation of this Ordinance in the form of replacement of the Heritage
Tree so removed or damaged or a fine in lieu of restitution. The decision maker shall
determine the form of restitution required.
1. If the decision maker determines that restitution should be made in
the form of a replacement of the Heritage Trees removed or damaged, the replacement
trees shall be the same or similar species of tree, having the approximate size, age and
health as the tree(s) damaged or destroyed, at a ratio of two (2) new replacement trees
for every one (1) damaged or destroyed tree. The location of such plantings shall be
determined by the decision maker;
2. If the decision maker determines that payment should be made in
lieu of restitution, the payment required shall include but is not limited to, the costs of
procuring, transporting, planting, establishing, and maintaining replacement trees for the
life of the project at a ratio of two (2) new replacement trees for every one (1) damaged
or destroyed tree. The cost of the replacement trees shall be based on the actual
replacement cost for the damaged Heritage Tree or the latest edition of either the
"Guide for Plant Appraisal" by the International Society of Arboriculture or the
"Standards for Valuation of Amenity Trees" of the International Society of Arboriculture.
Payments made in lieu of restitution shall be used solely to fund the cost of replacing
trees that have been damaged or removed in violation of this Ordinance.
B. If the size of a Heritage Tree cannot be determined due to its unauthorized
removal, the size shall be determined by measuring the stump that remains, anecdotal
evidence, or interpolated from photographs or adjacent trees. The decision maker shall
presume that a missing Heritage Tree was in perfect health, unless the photographs or
other verifiable evidence demonstrates otherwise.
8.48.330 Collection of Penalties
A. Fines and payments in lieu of restitution for violation of this Ordinance are
payable at the City's Finance/Cashier office. Fines must be paid within thirty (30)
business days of the citation date. The City's Finance Department is authorized to
collect all unpaid civil fines.
B. Any unpaid costs or penalties, or payments in lieu of restitution imposed
pursuant to this Ordinance shall constitute a special assessment against the real
properly upon which a violation of this Ordinance has occurred. All costs and/or fines
shall be itemized in a written report of assessment. The Planning Director shall cause a
copy of the report and assessment to be served on the owner of the property not less
than five days prior to the time fixed for confirmation of the assessment. Service may
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be made by enclosing a copy of the report of assessment in a sealed envelope, postage
prepaid, addressed to the owner at his or her last known address as the same appears
on the last equalized assessment rolls of the County of Riverside and depositing the
same in the United States mail. Service shall be deemed complete at the time of
mailing.
C. A copy of the report of assessment shall be posted in the City Clerk's
office on the bulletin board designated for the posting of agendas, not less than three
days prior to the time when the report shall be submitted to the City Council. The City
Council shall hear the report, together with any objections by the property owner. After
the assessment is made and confirmed by the City Council, it shall be a lien on said
property. The lien shall be turned over to the Riverside County Tax Collector, where it
shall be levied on the next regular property tax bills for said property, and collected at
the same time and in the same manner as other municipal taxes are collected, and shall
be subject to the same penalties and procedures under foreclosure and sale in case of
delinquency as provided for other municipal taxes.
Section 2. If any portion, provision, section, paragraph, sentence, or word of
this Ordinance is rendered or declared to be invalid by any final court action in a court of
competent jurisdiction, or by reason of any preemptive legislation, the remaining
portions, provisions, sections, paragraphs, sentences, and words of this Ordinance shall
remain in full force and effect and shall be interpreted by the court so as to give effect to
such remaining portions of the Ordinance.
Section 3. This Ordinance shall take effect and be in full force and effect thirty
(30) days from and after the date of its final passage and adoption.
Section 4. The City Clerk shall certify to the adoption of this Ordinance and
shall cause the same to be published or posted in the manner prescribed by law.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula
this 28th day of July, 2009.
Ad Maryann Edwards, Mayor
ATTEST:
Susan .Jones, MMC
CI rk
[SEAL]
L J
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l_
11
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss
CITY OF TEMECULA )
I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that
the foregoing Ordinance No. 09-05 was duly introduced and placed upon its first reading
at a meeting of the City Council of the City of Temecula on the 14th day of July, 2009,
and that thereafter, said Ordinance was duly adopted by the City Council of the City of
Temecula at a meeting thereof held on the 28th day of July, 2009, by the following vote:
AYES: 5 COUNCIL MEMBERS: Comerchero, Naggar, Roberts,
Washington, Edwards
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ABSTAIN: 0 COUNCIL MEMBERS: None
/ Susan . Jones, MMC
City Clerk
RJOrds 200910rds 09-05
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