HomeMy WebLinkAboutORD 1051 (1991)(ARBOR DAY FOUNDATION - TREE CITY USA REQUIRED ORDINANCE - TREE ORDINANCE)
1 ORDINANCE NO. 1051
2 AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
3 AMENDING THE TUSTIN CITY CODE
RELATIVE TO PARKWAY TREES AND SHRUBS '
4
5 '
6 The City Council of the City of Tustin, does hereby ordain as follows:
7 1. Chapter 3, Sections 7301-7309 of the Tustin City Code is hereby amended to read
as follows':
8
9; I CHAPTER 3: TREES AND SHRUBS
SECTION 7301: PURPOSE OF THIS CHAPTER.
10
The City intends to maintain and exercise full power, authority and
11 jurisdiction over all trees, plants or shrubs in or growing upon or over any
public parkway street, highway, alley, right-of-way, City-owned property in the
;
13 SECTION 7302: DAMAGE
14 It shall be unlawful for any person to fasten anything, including but not
limited to, any animal, guy-rope, guy-line, or contrivance to any tree, shrub,
15 stake, guard or other plant-protective structure located in any public parkway,
median, street, highway, alley, right-of-way or other City-owned property
16 without prior written approval of the City's Manager of Field Services.
17 SECTION 7303: DESTRUCTION
18 It shall be unlawful for any person to trim, cut, cut down, girdle,~ remove,
break, injure, deface or destroy any tree or shrub or cut any ornament or
19 improvement on any public parkway, median, street, highway, alley, sidewalk or
right-of-way within the City without prior written approval of the City's Manager
I~0 of Field Services.
21 SECTION 7304: MAINTENANCE
22
Except as may otherwise be provided herein, it shall be the duty and
23 responsibility of every person to water and otherwise maintain in proper and
sightly manner, all trees and shrubbery located in the public parkway located
24 immediately in front of or along side of property owned by said person.
25 SECTION 7305: TRIMMING
26 When the Manager of Field Services determines that any limbs or branches or
other growth on any trees or shrubbery growing in, on or over any land owned
27 by the City or located in any public parkway, median, street, highway, alley or
right-of-way should be trimmed, the Manager of Field Services may cause such
28 trimming to be done, or by direction of the City Council may cause directions to
Ordinance No. 1051, Page 2
1 perform such trimming to be given to the property owner in front of or along
side of ~hose property' said trees or shrubbery are located.
SECTION 7306: REMOVAL AND/OR REPLACEMENT
3 (a) The Manager of Field Services shall be authorized to remove trees which
4 have been determined to be .blighted, diseased or unsafe to the public. Trees
removed by the City will be replaced within a reasonable time by the City with a
5 tree from the City approved list of trees. .-
6 (b) Request from an adjacent property owner for the removal of healthy tree
specimen in the public right-of-way shall be evaluated by the Manager of Field
7 Services or his designated representative. A healthy tree specimen Will not be
removed unless it has caused damage to adjacent property or is determined to be
8 unsafe.
9 SECTION 7307: RIGHT OF APPEAL
10 Any determination of the Manager of Field Services may_ be appealed, in
writing, to the Director of Public Works, and ultimately to the City Council.
11
SECTION 7308: REQUIREMENTS OF PLANTINQ
12
Whenever any person shall apply for a building permit for the construction,
13 reconstruction, remodeling or addition of any structure, with a cost of
construction, reconstruction, remodeling or addition exceeding fifty percent
14 (50%) of the then assessed value of the then existing improvements upon the
property, said plans of improvement shall show and provide for planting of trees
in accordance with the Master Tree Plan of the City.
SECTION 7309; MASTER TREE PLAN
17 Trees shall hereafter be planted in the City of Tustin in public parkways,
medians, streets, highways, alleys, sidewalks and right-of-way, in accordance
18 with the Master Tree Plan adopted by resolution of the City Council.
19
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin,
9~0 California, held on the 4th day of March , 1991.
22 ATTEST: YO
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City of Tustin
ORDINANCE CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN ) -
ORDINANCE NO. 1051
MARY E. WYNN, City Clerk and ex-officio Clerk of the City Council of
the City of Tustin, California, does hereby certify that the whole
number of the members of the City Council of the City of Tustin is
five; that the above and foregoing Ordinance No. 1051 was duly and
regularly introduced and read at a regular meeting of the City Council
held on the 19th day of February, 1991, and was given 'its second
reading and duly passed and adopted at a regular meeting held on the
4th day of March, 1991, by the following vote:
COUNCILMEMBER AYES: Edgar, Puckett, Pontious, Potts, Prescott
COUNCILMEMBER NOES: None
COUNCILMEMBER ABSTAINED.: None
COUNCILMEMBER ABSENT: None
Mary Wynn, ~ty