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HomeMy WebLinkAbout18-04 CC Ordinance ORDINANCE NO. 18-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING A NEW CHAPTER 8.49, CITY TREE CARE AND PRESERVATION, TO TITLE 8, HEALTH AND SAFETY, OF THE TEMECULA MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 8.49, "City Tree Care and Preservation," is hereby added to Title 8, "Health and Safety," of the Temecula Municipal Code to read as follows: Chapter 8.49 City Tree Care and Preservation Sections: 8.49.010 Purpose 8.49.020 Definitions 8.49.030 Duties of the Public Works Director 8.49.040 Applicability 8.49.050 Protection of City Trees 8.49.060 Duties of Private Property Owners 8.49.070 Tree Care Authorization and Standards 8.49.080 Interference with Public Works Director 8.49.090 Violations and Penalties 8.49.100 Nonliability of City 8.49.010 Purpose The State Legislature has determined that urban trees provide myriad environmental and economic benefits. [Public Resources Code § 4799.07.] Trees filter air pollutants, increase atmospheric oxygen levels, stabilize soils, reduce heat convection, control erosion, decrease wind speed, reduce the negative effects of solar glare, and enhance the biological diversity of wildlife and plant communities. Trees planted near buildings significantly cut energy consumption and related costs, and increase property values and revenue generated by the businesses, visitors, and new residents they attract. The City's urban forest is thus a valuable asset that must be preserved. The purpose of this Chapter is to ensure that City trees receive appropriate care and protection. 8.49.020 Definitions As used in this Chapter, the following terms, words and phrases have the meanings as defined in this section, unless another meaning is clearly apparent from the context: Ords 18-04 1 • A. "City right-of-way" shall mean any easement retained by the City on a public street for the purpose of public improvements. B. "City tree" shall mean any tree within a City right-of-way or on City property. C. "City's Tree Policy" shall mean a document prepared by the Public Works Department which states policies, standards, procedures, and other relevant information regarding the selection, planting, maintenance, and removal of all City trees. D. "Department" shall mean the Department of Public Works. E. "Director" shall mean the Director of Department of Public Works, or his or her designee. F. "Landscape design plan" shall mean a plan for landscape design in accordance with either the Community Design Element of the City's General Plan or with a Specific Plan for a residential, commercial, office, or industrial development, pursuant to Chapter 17 of the Temecula Municipal Code. G. "Plant" shall mean to fix a tree in the ground. H. "Prune" shall mean to reduce the size of a tree in order to control the height and spread of a tree, lessen the wind resistance, preserve its health and natural appearance, produce fuller branching and shaping, aid in disease prevention by allowing more light and air passage within the tree branches, or make adjustments which will increase its longevity in an urban environment. "Remove" shall mean to sever a tree through its trunk or to uproot a tree from its location. J. "Root prune" shall mean to trim the root structure of a tree so as to remove broken or damaged roots, or to prevent further damage to hardscape and structures caused by surface or sub-surface roots. K. "Spray" shall mean to apply pesticide to a tree. L. "Tree care" shall mean the planting, pruning, root pruning, spraying, or removal of trees. 8.49.030 Duties of the Public Works Director The Public Works Director or his or her designee shall serve as the City's Tree Advisory Board. The Director shall oversee all care and maintenance of City trees and is authorized to enforce this Chapter. 1 Ords 18-04 2 8.49.040 Applicability This Chapter generally applies to all City trees, including those that are designated as Heritage Trees pursuant to the Heritage Tree Ordinance (Chapter 8.48 in Title 8 of the Temecula Municipal Code), except where the Heritage Tree Ordinance conflicts with or imposes stricter requirements than this Chapter, in which case the Heritage Tree Ordinance shall apply. 8.49.050 Protection of City Trees A. It is unlawful for any person to injure, cut, damage, burn, carve, transplant, prune, or root prune any City tree unless it is expressly authorized by this Chapter. B. It is unlawful for any person to attach or cause to be attached to a City tree any rope, wire, nails, tacks, staple, posters, decorations, ornaments, flags, toys, lights, swings, or any other contrivance without authorization from the City. C. It is unlawful for any person to cause or allow any poison or harmful substance to lie, leak, pour, flow, or drip upon or into the soil within the drip line of any City tree. D. It is unlawful for any person to interfere with the drip line area of a City tree in a way that may reasonably be expected to damage the root system, compact the soil over the roots, or impede free passage of air, water, or fertilizer to the roots. E. It is unlawful for any person to damage a City tree located on his or her private property by neglecting to provide the necessary amount of water to the tree. 8.49.060 Tree Care Authorization and Standards A. Except as otherwise set forth herein, no person shall perform tree care on any City tree. B. A person may hire a private contractor to prune, remove, root prune, plant, or spray a City tree located on his or her property if either the property owner or the private contractor has obtained an encroachment permit authorizing such an action from the Department. C. The owner of a non-residential property that is part of a landscape design plan may hire a private contractor to perform tree care, not including tree removal, on City trees located on the property. D. The owner of a non-residential property that is part of a landscape design plan may hire a private contractor to remove a City tree located on the property if either the property owner or the private contractor has received an encroachment permit from the Department. E. Any person performing tree care on City trees must abide by the standards and procedures established in the City's Tree Policy. Ords 18-04 3 8.49.070 Duties of Private Property Owners • The duties of any owner of private property on which City trees are located are as follows: A. To accept, protect, and provide adequate water to any City tree planted on his or her property, and not to interfere with the City's provision of water; B. To notify the Department of any suspected tree hazards or maintenance needs of any City tree planted on his or her property; C. To replace any City tree removed by the property owner with another tree of an acceptable species as listed in the City's Tree Policy, unless the Department determines that there is no suitable species for planting at that location; D. To remove all fallen leaves and other deadfall from any City tree planted on his or her property, and to properly dispose of the deadfall in an appropriate waste receptacle; E. To remove all vegetation, garbage, and debris from any sidewalk, swale (improved or unimproved), or trail in the right of way easement over his or her property. 8.49.080 Interference with Public Works Director It is unlawful for any person to hinder, prevent, delay, or interfere with the Director of Public Works or any of his or her agents while engaged in carrying out the execution or enforcement of this chapter. Provided, however, that nothing in this section shall be construed as an attempt to inhibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City. 8.49.090 Violations and Penalties A. Violations of this Chapter are subject to the penalties set forth in Chapters 1.20, 1.21, and 1.24 of the Temecula Municipal Code. B. In addition to any other remedy or penalty provided for in this Chapter, the City may seek restitution from any person who damages, removes, or relocates a City tree in violation of this Chapter. C. Intimidation, harassment, or other retaliation against any person who seeks to attain compliance with this Chapter is prohibited. D. Causing, permitting, aiding, abetting or concealing a violation of any provision of this Chapter is prohibited. E. Violation of this Chapter is declared to be a public nuisance. Ords 18-04 4 8.49.100 Nonliability of City ' Nothing in this Chapter 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. SECTION 2. Severance. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Chapter or any part thereof is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Chapter or any part hereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 3. Certification. The City Clerk of the City of Temecula shall certify to the passage and adoption of this Chapter and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 23rd day of January, 2018. Matt Rahn, Mayor ATTEST, Randi Joh!, City Clerk [SEAL] Ords 18-04 5 STATE OF CALIFORNIA ) I COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Randi Johl, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 18-04 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 9th day of January, 2018, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 23rd day of January, 2018, by the following vote: AYES: 4 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Rahn NOES: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None ABSENT: 1 COUNCIL MEMBERS: Stewart ---& Randi Johl, City Clerk I I Ords 18-04 6