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HomeMy WebLinkAboutOrdinance No. 714 ORDINANCE NO. 714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AZUSA AMENDING THE AZUSA MUNICIPAL CODE BY THE ADDITION THERETO OF CERTAIN PROVISIONS RELATING TO THE PLANTING, PRUNING, INJURY AND REMOVAL OF TREES UPON CITY STREETS, PARKS AND OTHER PUBLIC PLACES. THE CITY COUNCIL OF THE CITY OF AZUSA DOES ORDAIN AS FOLLOWS: SECTION 1. The Azusa Municipal Code hereby is amended by the addition to Article VII of a new Chapter 7 consisting of Sections 7700 to 7711, inclusive, reading as follows: "CHAPTER 7 - TREES SECTION 7700. DEFINITIONS. 'Superintendent, ' as used in this Chapter, shall mean the Superintendent of Public Works of the City or his authorized representative. SECTION 7701. TREES. RESPONSIBILITY. The planting and maintenance of all trees in or upon any street, park, parkway or public place in the City, and the pruning, trimming and removal of the same, shall be the res- ponsibility of and subject to the supervision of the Superin- tendent, subject to the authority and control of the City Council. The Superintendent may authorize the removal or pruning by the City, or by any other person as herein pro- vided, of any tree or shrub in or upon any street, park, parkway or public place which interferes with the construction of any driveway, sidewalk, curb or other construction work, or the maintenance thereof, or any tree or shrub which is dead, or which creates a hazard to the public safety or which does not conform to the type or variety designated for the particular place in which the same is situated. SECTION 7702. DESIGNATION OF TYPE OR VARIETY. APPEAL. The Superintendent shall maintain a master list of trees approved by the City Council upon the recommendation of the Park and Recreation Commission for planting in streets and parkways throughout the City. The list shall designate the kind and variety of trees or shrubs to be planted upon any street, park, parkway or public place of the City. No person shall plant or install any tree or shrub upon any portion of any street, park, parkway or other public place which does not conform to the type, variety, location and spacing designated by said list and by this Chapter for such portion of such street, park, parkway or public place; provided, however, that owners of property fronting upon any street for which a type or variety of tree or shrub has not been designated, may petition the Superintendent to designate such type and variety, and if they are dissatisfied with the action of the Superintendent, may appeal to the Park and Recreation Commission which shall have the power to designate the type or variety of tree or shrub for such street or portion thereof. Any action of the Superintendent or of the Park and Recreation Commission may be set aside, changed or altered by the City Council. SECTION 7703. PLANTING, REMOVING, PRUNING, INJURING, ETC. No person shall cut, trim, prune, plant, remove, injure or interfere with any tree, shrub or plant upon any street, park, parkway or public place of the City without prior written permission and approval therefor from the Superintendent . The Superintendent is hereby authorized to grant such permission at his discretion, and may grant the same subject to the con- dition that any removed tree be replaced by a tree of the type designated for the street and meeting the specifications of the Superintendent and/or such other conditions as may be appropriate in the circumstances. SECTION 7704. SAME. REQUEST FOR PERMIT. Any person maintaining any overhead wires or any pipes or underground conduits along or across any street, park, parkway or public place of the City, or owning any property abutting upon any street, park, parkway or public place of said City, or proposing to erect, repair, alter or remove any building or structure, desiring to have any tree, shrub or plant cut, trimmed, pruned or removed, may file with the Superintendent a written request for a permit for such work to be done and it shall be within the discretion of the Superintendent to require a written agreement upon the part of the petitioner to pay the costs thereof and to do such work in the way stipulated by the Superintendent before the issuance of any permit hereunder, or the Superintendent may have the work done by City forces at the cost and expense of the person requesting the same. SECTION 7705. INTERFERING WITH SUPERINTENDENT. No person shall interfere with the Superintendent or persons acting under his authority while engaged in planting, mulching, pruning, trimming, spraying, treating or removing any tree, shrub or plant in any street, park, parkway or public place of the City, or in the removing of any substnaee or plant material from about the trunk or roots of any tree, shrub or plant in any such street, park, parkway or public place. SECTION 7706. HARMFUL LIQUIDS AND PAVEMENT. No person shall cause, authorize or permit any brine water, oil, chemicals, or petroleum products or other substance deleterious to tree life to lie, leak, pour, flow or drip upon or into the soil in any parkway or about the base of any tree, shrub or plant in any street, park, parkway or public place of the City, or onto any sidewalk, road or pavement within said City at a point from which such substance may flow, drip or seep into such soil, injure such tree, shrub or plant, or to otherwise harm or kill any such tree, shrub or plant. No person, without the written approval of the Superintendent shall place or maintain any stone, cement or other substance so that it shall substantially impede the free access of water or air to the roots of any tree, shrub or plant in any street, park, parkway or public place of the City. SECTION 7707. PROTECTION DURING CONSTRUCTION WORK. During the erection, repair, alteration or removal of any building, house or structure in the City, no person in charge -2- . f of such work shall leave any tree, shrub or plant in any street, park, parkway or public place of the City in the vicinity of such building or structure without such good and sufficient guards or protectors as shall prevent injury to said tree, shrub or plant arising out of or by reason of said erection, repair, alteration or removal. SECTION 7708. UNAPPROVED PAVING AND PLANTS IN PARKWAYS. The paving of or placing upon any parkway of any material or plant other than grasses or ground cover approved by the Park and Recreation Commission or trees as specified on the aforesaid list shall be done only after a written permit there- for has been issued by the Park and Recreation Commission. Any such paving or plants installed after the effective date of this Chapter which have been placed without proper permit, shall be removed at the expense of the property owner. Any unapproved plants or paving placed or planted prior to the effective date of this Chapter may be removed at the direction of the Park and Recreation Commission at City expense. SECTION 7709. VALUATION OF TREES. Thejoint formula of the National Arborist Association and the International Shade Tree Conference for calculation of the monetary value of all trees located in public places hereby is approved and adopted. All persons causing damage to such trees shall be liable to the City in the amount indi- cated by said formula, which sets the basic value at $7.00 per square inch of trunk cross section at a point four and one-half feet above the ground. SECTION 7710. TREES REQUIRED IN SUBDIVISIONS. Each lot in any lot split or subdivision shall have installed in the street or parkway in front of such lot at least one tree but not to exceed 65 feet between trees nor closer then 30 feet between trees, except as otherwise approved by the Park and Recreation Commission. All trees shall be guaranteed by the subdivider for one year from the first occupancy of each house. Exceptions shall be granted when the planting would be impracti- cable or serve no useful purpose. SECTION 7711. POLICTRA AND RULES. The Park and Recreation Commission shall adopt policies and rules for the effective enforcement of this Chapter. SECTION 2. Sections 4255 and 4256 of the Azusa Municipal Code are hereby repealed. SECTION 3. The City Clerk shall certify to the passage of this ordinance and shall publish the same as required by law. Passed and approved this 4th day of September, 1962. /a/e7-tia- Mayor ' o Tempore -3- STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF * NAZUSA I, JAMES MILLER, City Clerk of the City of Azusa, do hereby certify that the foregoing Ordinance No. 7P71- was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the -2,0 day of c'A..../ ,4e , 1962. That, thereafter, said ordinance was duly adopted and passed at a regular meeting of the City Council on the .9-4,4 day of , , 1962, by the following vote, to-wit: AYES: Councilmen: Memmesheimer, Jackson, McLees, Cooney NOES: Councilmen: None ABSENT:Councilmen: Ortuno L y C erk I do further certify that I caused said Ordinance to be published prior to the expiration of fifteen days from the passage thereof in the Azusa Herald and Pomotropic, a newspaper of general circulation, print d, published and circulated in the City of Azusa, on the 4S,4.--day of , 1962, and that the same was published in accordance with lav'. , City perk Publish Azusa Herald & Pomotropic, Sept . 16, 1962. -4-