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Unless the context specifically indicates otherwise,
"Administrative cost" shall mean 20 percent of the Department's actual replacement cost, or a minimum of $100, whichever is greater.
"City" shall mean the City and County of San Francisco.
"Community Boards" of San Francisco shall mean the neighborhood mediation/dispute settlement service established under the auspices of The Community Board Program, Inc.
"Department" shall mean the Department of Public Works of the City.
"Director" shall mean the Director of Public Works or the Director's designee, which shall include the Urban Forester or other departmental staff.
"Ex officio" shall mean a current employee of any City department, or California or federal agency whose appointment to the Urban Forestry Council has been approved by the Director of the Department of the Environment.
"Hazard tree" shall mean any tree that poses an imminent hazard to person or property. The Director may determine that a tree is a hazard if it or any part of it: (1) appears dead, dangerous, or likely to fall, even after proper maintenance activities are performed to eliminate dead or dangerous parts; (2) obstructs or damages a street, sidewalk, or other existing structure; (3) harbors a serious disease or infestation threatening the health of other trees; (4) interferes with vehicular or pedestrian traffic; or (5) poses any other significant hazard or potential hazard, as determined by the Director; provided, however, that feasible measures have been applied to abate any such hazard, such as applicable Maintenance activities as defined in this Section 802. The Director's determination shall be in writing.
“Injure” or “injury” shall mean any act which harms or damages a tree, including but not limited to excessive pruning, impact, cutting, carving, painting, transplanting, or knocking over, and includes but is not limited to the following: injurious attachment of any rope, wire, nail, advertising poster, or other contrivance to any tree subject to the provisions of this Article 16; intentionally or negligently allowing any gaseous, liquid, or solid substance that is harmful to a tree to come into contact with a tree; setting fire or intentionally or negligently permitting any fire to burn when such fire or the heat therefrom will injure any part of any tree; pruning which in and of itself will kill or cause a tree to decline; or severing of all or part of a tree.
"In-lieu fee" shall mean a fee deposited into the Adopt-A-Tree Fund and imposed by the Director. The in-lieu fee shall be equal to the replacement value of a tree(s) to be removed or trees that have been destroyed or as otherwise specified in Section 811. In the case of trees required to be planted by Section 805 or 806, yet excused by the Director through a waiver or modification, the In-lieu fee shall be equal to the City's cost to plant and water a tree for three years. The minimum In-lieu fee shall be $1,489.00. Beginning with fiscal year 2007-2008, this fee shall be reviewed and adjusted each year in accordance with the procedures set forth in Public Works Code Section 2.1.2.
"Interested San Francisco organization" shall mean a San Francisco organization or individual that has made a written request to the Department for notification of proposed tree removals in a specified area(s) or neighborhood(s).
"Landmark Tree" shall mean a tree so designated pursuant to Section 810 of this Article 16.
"Landscape Material" shall mean any tree, shrub, groundcover or other plant.
“Maintenance” shall mean those actions necessary to promote the life, growth, health, or beauty of a tree. Maintenance includes both routine and major activities. “Routine Maintenance” shall include adequate watering to ensure the tree’s growth and sustainability; weed control; removal of tree-well trash; staking; fertilizing; routine adjustment and timely removal of stakes, ties, tree guards, and tree grates; bracing; and sidewalk repairs related to the tree’s growth or root system. “Major Maintenance” shall include structural pruning as necessary to maintain public safety and to sustain the health, safety, and natural growth habit of the tree; pest and disease-management procedures as needed and in a manner consistent with public health and ecological diversity; replacement of dead or damaged trees. Pruning practices shall be in compliance with International Society of Arboriculture Best Management Practices and ANSI Pruning Standards, whichever is more protective of tree preservation, or any equivalent standard or standards selected by the Director.
"Median Strip" shall mean the dividing area in the public way between opposing lanes of vehicular traffic.
"Notice" shall mean written notice by personal delivery or by mailing, either by letter or postal card, postage prepaid to the last known address as the same appears on the City's most recent assessment rolls.
"Person" shall mean any individual, firm, partnership, association, corporation, company, or organization of any kind.
"Planting" shall mean putting or setting into the ground or into a container to grow and irrigating until self-sufficient.
"Removal" shall mean any intentional or negligent moving, carrying away, elimination or taking away of part or all of a tree.
"Replacement Value" shall mean the actual cost to the Department of replacing a tree or landscape material removed or destroyed with a comparable size and species of tree or with comparable landscape material. Certain trees or landscape material, because of their size, species or historical significance, cannot be replaced from available nursery stock. In such case, "replacement value" shall be determined pursuant to the valuation formula adopted by the International Society of Arboriculture, as amended from time to time, plus the Department's actual costs to replace the tree. "Replacement value" shall include the Department's administrative costs.
"Sidewalk" shall mean the area between the curbing and the abutting private property lot line, whether paved or unpaved, as legislated by the Board of Supervisors and as reflected in the Department's official maps.
"Significant Tree" shall mean a tree so defined in Section 810A of this Article.
"Street" shall mean the vehicular travel-way portion of any public street, avenue, boulevard, lane, road, parkway, freeway, or other public way.
“Street Tree” shall mean any tree growing within the public right-of-way, including unimproved public streets and sidewalks, and any tree growing on land under the jurisdiction of the Department. “Street Tree” does not include any other forms of landscaping.
“Tree” shall mean any perennial, woody or fibrous plant species of cultivar, which reaches a height exceeding 10 feet at maturity, and which supports a branched or un-branched leaf canopy.
"Urban Forest" shall mean all trees on public streets and right-of-ways within the borders of the City and County of San Francisco, any trees growing on land subject to the jurisdiction of the Department, and any other trees subject to the provisions of this Article 16.
"Urban Forestry Council" shall mean the Urban Forestry Council as established under the Environment Code Chapter 12.
(Added by Ord. 165-95, App. 5/19/95; amended by Ord. 294-98, File No. 98-0991, Eff. 11/2/98; Ord. 17-06, File No. 051458, App. 1/20/2006; Ord. 193-06, File No. 060778, App. 7/21/2006; Ord. 119-15
, File No. 150221, App. 7/15/2015, Eff. 8/14/2015; Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018)
Unless the context specifically indicates otherwise.
(a) "Climate appropriate" means plants, shrubs, ground covers, or tree species that meet at least one of the following conditions:
(1) The species has a water use ranking of "low" or "very low" in Region 1 (North-Central Coast) as established in the California Department of Water Resources 2000 publication "Water Use Classification of Landscape Species" or subsequent editions as it may be updated;
(2) The species has a water use ranking of "no water", "little water", or "little to moderate water" in the climate zone for the planting location as established in the Sunset Western Garden Book, Eighth Edition, published by Oxmoor House on February 1, 2007 or subsequent editions as it may be updated;
(3) The plantings are part of an engineered stormwater management feature approved by the General Manager of the Public Utilities Commission pursuant to the San Francisco Stormwater Design Guidelines established by the Public Utilities Commission;
(4) The Department of Public Works, the Recreation and Park Department, or the General Manager of the Public Utilities Commission has determined that the species, when watered for sufficient plant health and appearance, is low water use based on the agency's experience with the species, and the agency has added the species to the Low Water Use and Climate Appropriate Plant List maintained by the General Manager of the Public Utilities Commission;
(5) The species appears on the San Francisco Street Tree Species List established by the Department of Public Works Bureau of Urban Forestry;
(6) The planting is part of a species test approved by the Department of Public Works or the Recreation and Park Department; or
(7) The species has been permitted at the site by the Department of Public Works or the General Manager of the Public Utilities Commission based on wet soil conditions stemming from proximity to naturally occurring water features such as a high water table, springs, ponds, lakes, creeks, and wetlands.
(Added by Ord. 84-10, File No. 091453, App. 4/22/2010)
(a) The Urban Forestry Council shall serve in an advisory capacity to the Director or his or her designee on matters relating to this Article 16 and to tree management in the City. The responsibilities of the Urban Forestry Council may include but shall not be limited to the following:
(1) Studying the problems and determining the needs of the City concerning its street tree planting and maintenance programs, and advising the Director in this regard;
(2) Preparing for the Director an annual report detailing the state of the urban forest;
(3) Recommending to the Director appropriate species of trees to be planted on City streets or other areas under the Department's jurisdiction;
(4) Working with the Community Boards of San Francisco in developing guidelines, standards, and procedures for the mediation of conflicts between property owners over the protection of views, solar access, planting/removal of trees, and other tree-related issues;
(5) Working with the Director concerning the maintenance of an Urban Forestry Management Plan;
(6) Developing and recommending for Board of Supervisors' adoption uniform criteria for designating "landmark" trees and uniform criteria, rules, and procedures for the removal of "landmark" trees pursuant to Section 810;
(7) Making recommendations to the Director on appeals of applications for tree removal;
(8) Recommending to the Director information to be distributed to the public concerning the selection, planting, and maintenance of trees throughout the City;
(9) Recommending to the Director desirable City tree programs and activities, including legislation and funding mechanisms; and,
(10) Reviewing the Annual Report prepared by the Department of Public Works Bureau
of Urban Forestry.
(b) The Urban Forestry Council shall perform such other duties assigned to it under the Municipal Codes.
(Added by Ord. 165-95, App. 5/19/95; amended by Ord. 17-06, File No. 051458, App. 1/20/2006; Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018)
(a) Department's Jurisdiction. The Department shall have jurisdiction over the planning, planting, maintenance, and removal of trees in any street or other public right-of-way as defined in Section 244 of this Code; over any landscape material in any street median, center strip, or other landscaped portion of a public right-of-way; over trees and other landscape material in other public spaces under the jurisdiction of the Department; over hazard trees on private property as specified in Section 809 and 810A of this Article; over landmark trees as specified in Section 810; and over significant trees as specified in Section 810A.
(Added by Ord. 165-95, App. 5/19/95; amended by Ord. 17-06, File No. 051458, App. 1/20/2006)
(a) Maintenance. Except as specified in subsection (a)(1), the City shall as of July 1, 2017, have the duty to Maintain Street Trees, including Street Trees planted before July 1, 2017. Property owners shall be responsible for the care and Maintenance of the Sidewalk and Sidewalk areas adjacent to any Street Tree, other than the responsibility for Sidewalk repairs related to the Tree’s growth or root system, which shall be the responsibility of the City. The Department shall develop and make available to interested persons, upon request or through its website, public pruning standards to ensure that Street Trees receive proper care.
(1) Exceptions.
(A) If a private property owner plants a Street Tree, the City shall not be responsible for the Street Tree’s Maintenance until the Street Tree’s establishment. The establishment period for newly planted Street Trees shall be three years from the date of Planting. If the Street Tree is not established three years from the date of Planting, the Director may treat this as an Injury to the Tree, as defined in Section 802, and may seek penalties for violation, as set forth in Section 811.
(B) The City may enter into voluntary agreements with third parties for them to assume responsibility for Street Tree Maintenance and may continue to abide by any such agreements in existence as of the effective date of the ordinance in Board File No. 170985 amending this Section 805. The requirements for such voluntary agreements are set forth in subsection (c) below.
(b) Liability. The respective liability of property owners and the City due to injuries or property damage caused by the failure to Maintain Street Trees is as follows:
(1) Injuries or Property Damage that Occurred before July 1, 2017. Any person who suffers injury or property damage before July 1, 2017, as a legal result of the failure of a property owner to Maintain a Street Tree shall have a cause of action for such injury or property damage against such property owner. For such injuries and property damage occurring before July 1, 2017, the City shall have a cause of action for indemnity against such property owner for any damages the City may be required to pay as satisfaction of any judgment or settlement of any claim that results from injury to persons or property as a legal result of the failure of the property owner to Maintain a Street Tree.
(2) Injuries or Property Damage that Occurred after July 1, 2017. Any person who suffers injury or property damage as the result of the failure to Maintain a Street Tree after July 1, 2017 may have a cause of action for such injury or property damage against the City.
(3) Exceptions. The City shall not be liable for any injuries or property damage resulting from the failure to Maintain a Street Tree after July 1, 2017, in the following circumstances:
(A) If a private property owner plants a Street Tree, the City shall not be liable for such injuries and property damage until the Street Tree’s establishment. The establishment period for newly planted Street Trees shall be three years from the date of Planting. Until the establishment of a Street Tree, the adjacent property owner shall be liable.
(B) The City shall not be liable for such injuries and property damage if the City has entered into voluntary agreements with third parties for them to assume responsibility for Street Tree Maintenance. Third parties who have assumed responsibility for Street Tree Maintenance shall be liable for any injuries or property damage resulting from their failure to Maintain Street Trees.
(C) The City shall not be liable for such injuries and property damage, if the injuries or property were proximately caused by the adjacent property owner’s failure to Maintain Street Trees prior to July 1, 2017, before the City assumed its responsibility to Maintain.
(D) The City shall not be liable for such injuries and property damage if the adjacent property owner fails to provide the City with adequate access to the property owner’s lot for the purpose of Maintenance; in such instances, the adjacent property owner may be liable for any injury or property damage resulting from the failure to Maintain a Street Tree.
(c) Voluntary Agreements for Street Tree Maintenance.
(1) General obligations. If any private party enters into a voluntary agreement with the Department for Street Tree Maintenance, the agreement shall address, at a minimum, the following: 24-hour contact information for the Department and the private party, procedures for enforcing the agreement and/or remedying its breach, and security to reimburse the Department for any enforcement costs it incurs or any maintenance costs it incurs due to the private party’s failure to Maintain Street Trees.
(2) Development of Standard Voluntary agreements.
(A) Voluntary agreements by individual property owners. If an individual property owner wishes to assume responsibility for Street Tree Maintenance, the property owner must contact the Department and enter into an agreement that the Department develops regarding the property owner’s Maintenance responsibilities for the Street Tree adjacent to the property owner’s lot. The Department shall develop a standard voluntary agreement for individual property owners and make it available on its website.
(B) Voluntary agreements by homeowner’s associations, community benefit districts, and other legal entities representing multiple property owners. If a homeowner’s association, community benefit district, or other legal entity representing multiple property owners wishes to assume responsibility for Street Tree Maintenance, the entity must contact the Department and enter into an agreement that the Department develops for such Maintenance. The Department shall develop a standard voluntary agreement for homeowner’s associations, community benefit districts, and other legal entities representing multiple property owners and make it available on its website.
(d) Department Inventory. The Department shall use its best efforts to maintain an inventory of the location of all Street Trees that it must Maintain. Such information shall be made available to the public upon request.
(a) If a property owner has entered into a voluntary agreement with the Department to assume responsibility for the Maintenance of Street Trees, and a Street Tree subject to that agreement is within 150 feet of any portion of a general advertising sign (as defined in Planning Code Section ), the Department shall require a permit for the property owner to perform Major Maintenance on such Street Tree.
(b) Any permit for Major Maintenance of Street Trees specified in subsection (a) shall include a condition that the Maintenance work be conducted under the direct supervision of a certified arborist in accordance with this Article 16 and other standards that the Department adopts.
(Added by Ord. 245-17, File No. 170985, App. 12/22/2017, Eff. 1/21/2018)
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