CHAPTER 97: TREES AND SHRUBS
Section
   97.01   Permit required to plant in public places
   97.02   Permit required to remove or prune in public places
   97.03   Certain trees constitute public nuisance
   97.04   Abatement of nuisance
   97.05   Tree removal
   97.06   Fees
Statutory reference:
   Injuring city improvements or trees, see Cal. Penal Code § 622
§ 97.01 PERMIT REQUIRED TO PLANT IN PUBLIC PLACES.
   (A)   No tree or shrub shall be planted in any public street, parkway or other public place, except under a written permit issued by the Director of Public Works.
   (B)   Application for a permit shall be made in writing.
   (C)   The permit shall state the kind, variety and location of planting permitted and shall set forth such conditions and rules and regulations as may be prescribed by the Director of Public Works.
('81 Code, § 12.20.010) Penalty, see Ch. 13
Statutory reference:
   Tree planting, see Cal. Sts. & High. Code §§ 22000 et seq.
§ 97.02 PERMIT REQUIRED TO REMOVE OR PRUNE IN PUBLIC PLACES.
   (A)   No tree, shrub, plant or flower planted or growing in any public street, parkway or other public place shall be removed, cut, pruned, trimmed or trenched around, nor shall any root thereof be cut, except by the written permission of the Director of Public Works.
   (B)   Any person desiring such written permission shall make written application therefor to the Director of Public Works.
('81 Code, § 12.20.020) Penalty, see Ch. 13
§ 97.03 CERTAIN TREES CONSTITUTE PUBLIC NUISANCE.
   Every tree, shrub, plant, fence, wall or other structure, or any branch, limb or part thereof, whether located upon public or private property, which is, or is likely to become, dangerous to the public by reason of the fact that it is diseased or encroaches upon or overhangs or may fall upon any public street, alley, sidewalk or other public place or which encroaches upon or is likely to damage any street, alley, sidewalk or other public place or any sewer or water conduit or any public drain or work is a public nuisance.
('81 Code, § 12.20.030)
§ 97.04 ABATEMENT OF NUISANCE.
   (A)   The Director of Public Works shall abate or cause to be abated the public nuisances defined in § 97.03 in the manner prescribed for the repair of sidewalks by Cal. Sts. & High. Code §§ 5611 to 5629, inclusive, and the cost of such abatement shall be determined and collected in the same manner as prescribed thereby.
   (B)   Such state law provisions are incorporated in this chapter and made a part of this chapter and the abatement of such nuisances shall be deemed substituted therein for the work of repairing the sidewalks therein described.
   (C)   Payment of the cost of such abatement shall also be the personal obligation of the property owner or of any other person responsible for the creation or maintenance of the nuisance, enforceable in any court of competent jurisdiction.
('81 Code, § 12.20.040)
§ 97.05 TREE REMOVAL.
   (A)   Expense allocation. Any tree, shrub or plant removed from any public street, alley or other public place at the request of any person shall be removed at the expense of such person.
('81 Code, § 12.20.050)
   (B)   Power not limited by chapter. Nothing in this chapter shall be construed to limit the powers of the Council to cause the removal of trees, shrubs or flowers for the protection of the public health or safety or for the purpose of opening, widening or improving any public street, alley or parkway.
('81 Code, § 12.20.060)
§ 97.06 FEES.
   The schedule of permit fees and charges shall be those adopted by resolution of the City Council from time to time.
('81 Code, § 12.20.070) (Ord. 829, passed - -85)