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HomeMy WebLinkAboutCC ORD 1974-1426 Adds Ch. 13.18, street trees (13.18)1426 0 wi The City Council of National City does hereby enact and ORDAIN as follows: SECTION 1: Chapter 13,16 of Title 13 of the Municipal Code of the City of Notional City is hereby repealed. SECTION 2: Chapter 13.18 is here- by added to Title 13 of the Municipal Code of the City of National City to provide cs follows: Chapter 13.18 STREET TREES AND PARKWAY LANDSCAPING 13.18.010 Parkway Landscaping and Construction. No landscaping, mainten- ance of landscaping or construction may be done by any person within any parkway of the City or cause or permit the some to be done except in accord- ance with the provisions of this Chap- ter. 13.18.020 Definitions. A. Parkway: That part of the public street right-of-way between the curb, or edge of paved roadway where there is no curb, and the property line separating the street right-of-way from abutting private property. Parkways are generally used for public sidewalks, public utility poles, fire hydrants, street signs and ether public facilities. The remaining parkway area is generally "landscaped". B. Landscaping: The use of archi- tectural and horticultural materials to provide control of erosion, dust, weeds, and accumulation of litter in a man- ner complementary to the purpose of adding natural environmental quality to a premises. Landscaping also in- cludes trees, shrubs, ground covers and other planting materiels providing shode, visual screening, aesthetic en- hancement, soil conservation, and re- duction of fire hazards, reduction of harborages of rodents, reduction of vermin and reduction of disease bearing creatures. C. Maintenance of Landscaping: Landscaping maintenance includes suf- ficient irrigation, fertilization, pruning, trimming, end training to keep plants in a healthy, vigorous condition. Re- moval of dead materials, weeds, and accumulated litter, rubble or other foreign substances is required. Main- tenonce also includes re -seeding, re- placement of dead plants and planting where necessary to restore a landscaped area to the level of "coverage" re- quired of a new installation. Trees located within public street parkways will be pruned and trimmed by City forces crd not by private property owners. Public utility com- panies may prune end trim such trees, if the existence of the tree creates e significant possibility that the con- tinuoticn of safe, efficient and reliable service to the customers being served may be impaired Pruning end trimming work shell be done in a professional manner and shall result in an aestheti- cally desirable contour. D. Director: The National City Di- rector of Parks and Recreation. E. Citizens Committee: The National City Street Tree and Parkway Commit- tee, F. Official Tree: Those trees desig- noted and determined by the Director and approved by the Citizens Commit- tee to be best suited to plant within or adjacent to the street rights -of -way because of their desiroble character- istics of growth and beauty, with refer- ence to their crown, root structure and adaptability to local climatic, soil and street conditions. The Director shall maintain a list of official trees on file et his office available to the public during working hours. ORDINANCE NO. 1426 AN ORDINANCE AMENDING THE MUNICIPAL CODE AND PROVIDING A UNIFORM AND ORDERLY SCHEME FOR THE PLANTING AND MAINTENANCE OF STREET TREES AND PARKWAY LANDSCAPING G. Designate Tree: Those official trees that hove been placed or desig- nated to be placed as elements in the planting design within or adjacent to particular street rights -of -way by the Director and approved by the Citizens' Committee. The Director shall maintain ❑ record of the location, species and age of designated trees at his office available to the public during working hours. H. Interim Tree: Those trees and shrubs planted along City streets prior to the enactment of this ordinance which do not qualify as official trees or designate trees because of certain un- desirable characteristics of growth with reference to their crown or root struc- ture, or are not adaptable to specific climatic, soil or street conditions unique to their existing location. I. Ground Cover: Grass, turf, or perennial plants that normally grow in a prostrate manner 5o as to conceal, or with the purpose of concealing, the ground surface, that do not normally exceed eight inches in height, and that will tolerate light pedestrian traffic. 13.18.030 Permits Required. All land- scaping work within parkways shall be done pursuant to permission obtained from the Director, A. Street Trees: Any person desiring permission to plant, cut down, trim, prune, remove, or in any way interfere with the natural growth of any tree planted within any parkway, City street rights -of -way, or on other City prop- erty, shall make application to the Director for a permit therefor. The Director shall provide advice and con- sultation to aid in the elimination of any hazard, undesirable landscape effect, or disease infestotion, where such cation is beneficial to the overall street or block in which the tree is located. If the desired action by the applicant is refused. the applicant may request a hearing before the Citizens' Committee for further review. The Director is authorized to require all, or any part of, approved work to be performed by or under the super- vision of City employees. Public utility companies may trim any tree growing in, on or along any City street, without a permit, if the exist- ence of the tree creates ❑ significant possibility that the continuation of safe, efficient and reliable service to the customers being served may be impaired. Public utilities may not re- move o street tree without obtaining a permit to do so. Pruning and trimming work shall be done in c professional manner and shall result in an aesthetically desirable contour. If the Director finds the quality of the pruning and trimming work not to be satisfactory, he may revoke the permission of the utility company granted above. B. Shrubs and Ground Cover: Main- tenance of shrubs and ground cover shall not require a permit. 13.18.040 Landscaping Required. Whenever sidewalks are required in con- junction with the issuance of any building permit, parkway landscoping shall also be installed, and such land- scaping shall become a port of the building permit except that this re- quirement shall not apply to properties used for single family and two family residences. 13.18.050 Maintenance Required. A. Street Trees: No person shall per- form, or cause to perform any main- tenance, except for watering and fertilizing, upon any tree planted along a City street, or on any other City property, except under emergency con- ditions, and upon the written approval of the Director; a person or firm determined to be qualified by the Di- rector may perform such maintenance on such trees as may be designated by the Director. The City will, except for watering and fertilizing, maintain all official and designate trees planted within street rights -of -way. Mcinten- ance of interim trees planted within City street rights -of -way shall be similar to that given designate trees, except designate trees shall hove priority over interim trees in the City's maintenance program, B. Shrubs and Ground Cover: It shall be the responsibility of the adjoining property owner to adequately maintain the parkway area. All landscaped park- ways shall be continuously maintained. C. Guards durirfg Construction: In the erection, alteration, construction, or repairing of any building or struc- ture, the owner thereof shall place, or cause to be placed such guards around all nearby trees located along the street, alley, court or other public place as shall effectively prevent injury to them. 13.18.060 Prohibitions. A. Street Trees: No person shall place, or cause to be placed, any stone, cement, or ether substance about any tree planted along any street, or on other City -owned property, which shall impede the free entrance of water or air to the roots of such tree, without leaving on open space of ground around the trunk of such tree of not less than eighteen inches clearance all around. No person shall deface, mutilate or attach or place any rope, wire, sign, poster, handbill or other thing to or on any tree growing along any City street or public place, or to cause ony wire charged with electricity to come in contact with such tree. Provided, fur- ther, no person shall allow any brine, oil, liquid, dye, salt or other substances injurious cr harmful to plant life to lie, leak, flow, drip into or onto, or to come into contact with, the tree or the soil about the base of such plant. 13. Shrubs and Ground Cover: No person shall plant or cause to be planted, any tree, shrub, or plant or ground cover in the area between the sidewalk and curb, except as provided in this Part. Gross, turf or other ground cover plantings, shall be permitted pro- vided that such plantings shall not be allowed to attach themselves to or ascend the trunk of any tree. Planting, cutting, mowing, watering, fertilizing and all other maintenance of gross. turf, or other ground cover in such parking strips will be performed by the adjacent property owner, subject to the restrictions in this Pert. 13.18.070 Duties of Director A. Planting and Removal: The Di- rector may plant or remove or regulate and control the planting or removal of any and all trees planted within the streets rights -of -way of any City street. The Director shall coordinate with ad- jacent owners and the Citizens' Com- mittee to establish planting plans for the placement of official tree any block or along any stree City. Following review of this the Citizens' Committee and approve by the Director, the Director may identify specific trees as designated trees for inclusion in the City Stree Tree and Beautification Program. B. Enforcement: The Director make inspections of all parkway seeping. Where he finds that soaping is not properly installe maintained he shall give written notice to the property owner responsible for of the n by and- land - such work. Said notice shall include a description of the required improve- ments and shall set a reasonable time for compliance. Appeals may be taken from such written notice by filing a written appeal with the City Street Tree Committee. After considering the evidence the Committee shall decide the property owner's appeal and issue its order on the appeal. If any work re- quired by an "Order to Comply" is not satisfactorily completed within the time specified therein, the City Pork Depart- ment crews, or a private contractor employed by the City may do the necessary work and charge the cost of such work to the property owner. Such e charge shall become a lien against that property. 13.18.080 Non -conforming Uses. Parkways that ore net landscaped sholl be levelled to the grade of adjoining sidewalks, or adjoining curbs where there ore no sidewalks, and shall there- after be maintained free of weeds and accumulation of litter. Such work shall be the responsibility of the adjoining property owner. Such leveling shall be done within a one-year period following the adopticn of this Ordinance. Main- tenance sholl be continuous thereafter, except that this requirement shall not apply to properties used for single family and two-family residences. PASSED AND ADOPTED this 14th day of May, 1974. ATTEST: 5/IONE MINOGUE CAMPBELL City Clerk Passed and adopted by the Council of the City of National City, Califor- nia, on May 14, 1974 by the following vote, to -wit: Ayes: Councilmen Camacho, Della, Pinson, Morgan Nays: Councilmen None Absent: Councilmen None Abstain: Councilmen Reid AUTHENTICATED BY: S/KILE MORGAN Mayor KILE MORGAN Mayor of the City of National City, California S/IONE MINOGUE CAMPBELL City Clerk of the City of National City, California I HEREBY CERTIFY that the fore- going ordinance was not finally adopted until seven calendar days hod elapsed between the day of its introduction and the day of its final passage, to wit, an May 7, 1974 and on May 14, 1974. I FURTHER CERTIFY THAT said or- dinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not less than o ma- jority of the members elected to the Council, and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and fo going is a full, true and cor- rec c y of ORDINANCE NO. 1426 of th Ci of National City, . _. and pted b the Council of aid y on y 14, 74 S/IONECi/y�'erkOof he I yBELL Ci lark of the ity of N nal City, California A D I HEREBY CERTIFY that the samh.. been duly published ac„Cprding o aw. �J (Seal) City C of the Cr o Nati. I City, Cal' ornia.