Chapter XII · Public Property

ARTICLE 4. TREES

Sections 12-401 to 12-416 · 16 sections

12-401 Definitions.

(a)Street trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the City.

(b)Park trees are herein defined as trees, shrubs, and all other woody vegetation in public parks having individual names, and all areas owned by the City, or to which the public has free access as a park.

(c)Tree size:

(1)Large trees — Trees that may attain a height of 45 feet or more.

(2)Medium trees — Trees that may attain a height of 30-45 feet.

(3)Small trees — Trees that may attain a height of 20-30 feet.

(Ord. 866; Code 1974, Chapter 12.28; Code 2014; Ord. 1163; Ord. 1174)

12-402 Permit to plant trees.

No tree shall be planted in the corporate city limits of the City of Oakley without an approved permit signed by the City Administrator or City Clerk. Any property owner who desires to plant any tree that is within the corporate city limits of the City of Oakley shall be required to apply for a tree permit with the City Administrator. The City Administrator can deny such permits if the tree or trees that are to be planted are in violation of any part of this article. The City shall not require a fee for this permit.

(Ord. 1163; Ord. 1174)

12-403 Care of trees; height above streets.

It is the duty of the owners or occupants of all lots fronting on any street to cultivate and prune all trees, shrubbery, hedge or other plants located in such street or adjacent to any sidewalk; to remove all dead trees in the street which present a hazard to the general public; and to so prune all plant growth that the branches or any portion of such plant growth shall not overhang any sidewalk lower than eight feet from the surface of such sidewalk, nor lower than 14 feet from the roadway of any street, alley, or public way. All trees on public or private property in violation of this section or deemed a hazard to the public safety shall be subject to Section 12-409.

(Ord. 1163; Ord. 1174)

12-404 Pruning and corner clearance.

(a)The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Sight triangle — means an area at a street intersection in which nothing shall be erected, placed, planted, or allowed to grow in such a manner as to materially impede vision between a height of feet and eight feet above the grades of the bottom of the curb of the intersecting streets, measured from the point of intersection of the centerline of the streets, 90 feet in each direction along the centerline of the streets.

(b)Every owner or occupant of any house, building, lot, or premises who owns any tree located on their property which overhangs any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs from their property which constitutes a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a streetlight, or interferes with visibility of approaching vehicles or any traffic control device or sign, such pruning to be confined to the area immediately above the right-of-way.

(c)Every owner or occupant of any house, building, lot, or premises shall keep any shrub, bush or tree growing on the premises pruned to a height that will not obscure or block the view of a vehicle leaving the premises and entering the public right-of-way.

(d)Every owner or occupant of any house, building, lot, or premises shall not plant, place, erect or allow to grow any tree, shrub, or vegetation of any kind nor any object or structure within the sight triangle.

(e)Any owner or occupant of any property failing to prune or remove any trees, shrubs or bushes in conformity with this section shall be subject to Section 12-409.

(Ord. 1163; Ord. 1174)

12-405 Spacing.

Small Trees, 30 feet; Medium Trees, 40 feet; and Large Trees, 50 feet; except in special plantings designated or approved by a landscape architect.

(Ord. 1163; Ord. 1174)

12-406 Distance from curb and sidewalk.

No trees may be planted under or within 15 lateral feet from any curb line or 15 feet beyond any sidewalk, within the street right of way, whichever is greater.

(Ord. 1163; Ord. 1174)

12-407 Utilities.

No Trees shall be planted under or within 15 lateral feet of any overhead utility wire, or over or within 15 lateral feet of any public underground water line, public sewer line, transmission line or other utility.

(Ord. 1163; Ord. 1174)

12-408 Dead or diseased tree removal on private property.

The City shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city.

(Ord. 1163; Ord. 1174)

12-409 Condemnation; failure to comply with notice.

Any owner or occupant of any property determined to be in violation of Sections 12-403:408 shall be notified by the City Administrator or designee and such notice shall require treatment, pruning or removal in conformity for Sections 12-403:408 within ten days after the date of such notice. Upon the expiration of such period, the City Administrator or designee may cause the treatment, pruning or removal to be done and report the cost of such removal to the city clerk and the cost of such treatment, pruning or removal shall be paid by the owner of the property or shall be assessed and charged against the lot or parcel of ground on which the tree, tree materials or shrub was located. The city clerk is authorized, upon determination of the amount to be assessed to any such lot or parcel of ground, to furnish a written notice by United States mail to the last known address of the owner or agent of the amount of such assessment. The city clerk shall at the time of certifying other city taxes to the county clerk, certify the unpaid cost to be so assessed, and the county clerk shall extend the unpaid cost on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city and such funds shall be reimbursed when payment for such treatment or removal is received or when such assessments are collected and received by the city.

(Ord. 1163; Ord. 1174)

12-410 Public tree care.

The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Council may remove or cause or order to be removed without notice, any tree or part thereof which is in an unsafe condition or which by reason of its nature poses an imminent threat to any property, sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest. The cost of such removal shall be collected in the same manner as specified in Section 12-409. This section does not prohibit the planting of Street Trees by adjacent property owners providing that the selection and location of said trees is in accordance with Sections 12-405:407.

(Ord. 1163; Ord. 1174)

12-411 Tree topping.

It shall be unlawful as a normal practice for any person, firm, or city department to top any Street Tree, Park Tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of City Council.

(Ord. 1163; Ord. 1174)

12-412 Removal of stumps.

All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

(Ord. 1163; Ord. 1174)

12-413 Interference with city.

It shall be unlawful for any person to prevent, delay or interfere with the City, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing any of the Street Trees, Park Trees, or trees on private grounds, as authorized in this article.

(Ord. 1163; Ord. 1174)

12-414 Arborists license and bond.

It shall be unlawful for any person or firm to engage in the business or occupation of pruning, treating, or removing street trees or park trees within the City without first applying for and procuring a license. The license fee shall be $25.00 annually in advance; provided, however, that no license shall be required of any public service company or City employee doing such work in the pursuit of their public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $25,000 for bodily injury and $10,000 property damage indemnifying the City or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(Ord. 1163; Ord. 1174)

12-415 Review by City Council.

Any person may appeal from any ruling or order subject to this article to the City Council who may hear the matter and make final decisions.

(Ord. 1163; Ord. 1174)

12-416 Penalty.

Any person violating any provision of this article shall sentenced, upon conviction or plea of guilty, to a fine not to exceed $100.

(Ord. 1163; Ord. 1174)