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A. Any person aggrieved by the decision of the director under Section 12.56.050 may appeal the decision to the city council in accordance with Chapter 1.24. For an appeal in accordance with Chapter 1.24, the appellant must file a written notice of appeal with the city clerk within fifteen (15) days of the director's decision. Any appeal shall be accompanied by an appeal fee in an amount established by resolution of the city council.
B. Any person aggrieved by a decision for a tree permit processed under Title 17 may appeal the decision pursuant to the appeal provisions in Title 17. (Ord. 2016-0026 § 4)
A. A property owner shall be responsible for maintaining all private protected trees on the property owner's property.
B. The owner of any lot adjacent to a street or alley, at their own expense, shall keep private protected trees and any other private trees located on that lot trimmed, so that:
1. The tree provides a clearance of at least fourteen (14) feet above any street or alley;
2. The tree provides a clearance of at least eight feet above any sidewalk; and
3. The tree does not obstruct the view of any traffic sign or device for vehicle traffic in the direction controlled by that traffic sign or device.
C. The owner of any lot adjacent to a street shall maintain any unpaved portion of the adjacent public right-of-way. Maintenance includes irrigation of city trees or other plantings, subject to federal, state and local government restrictions on water use, and keeping the unpaved areas free from weeds or any obstructions contrary to public safety.
D. The owner of any lot adjacent to a street, at their own expense, is responsible for removal of fallen leaves and other debris from city trees.
E. Before any public utility installs or performs maintenance on any overhead wires or underground pipes or conduits that may cause injury to a city tree or private protected tree, the utility shall obtain permission from the director. Public utilities shall not injure, cut, deface, prune, or scar any city tree or private protected tree, including its roots, until its plans and procedures are approved by the director.
F. A tree permit is not required for a public agency that performs any flood protection work on public property or within a public easement that may cause injury to or the removal of a city tree or private protected tree. As used in this section, "public agency" includes, but is not limited to, the U.S. Army Corps of Engineers, Sacramento Area Flood Control Agency, Reclamation District 1000, or American River Flood Control District. (Ord. 2016-0026 § 4)
A. In addition to any other remedy allowed by law, any person who violates any provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties under Chapter 1.28.
B. Violations of this chapter are a public nuisance.
C. Any person who violates any provision of this chapter is liable for civil penalties of not less than two hundred fifty dollars ($250.00) or more than twenty-five thousand dollars ($25,000.00) for each day the violation continues.
D. All remedies prescribed under this chapter are cumulative, and the election of one or more remedies does not bar the city from the pursuit of any other remedy for the purpose of enforcing this chapter. (Ord. 2016-0026 § 4)
The city is exempt from the provisions of the Solar Shade Control Act, Chapter 12 (commencing with Section 25980) of Division 15 of the California Public Resources Code. (Ord. 2016-0026 § 4)
Nothing in this chapter imposes any liability upon the city, or any of its officers, agents, or employees; nor relieves the owner or occupant of any private property from the duty to keep their private property, sidewalks, and adjacent public street right-of-way planting area in a safe, nonhazardous condition. (Ord. 2016-0026 § 4)