HomeMy WebLinkAboutORD FOR ADOPTION 03-04-91- L4 ---I �
DATE: FEBRUARY 251 1991
TO: WILLIAM A. HUSTON, CITY MANAGER
)RDINANCE FOR ADOPTION NO. 1
3-4-91 -_
Inter - Com
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT:ORDINANCE NO. 1051 RELATING TO PARKWAY TREES AND SHRUBS
RECOMMENDATION:
That the Tustin City Council have a second reading of Ordinance No.
1051 by title only and adoption.
BACKGROUND:
At their meeting of February 19, 1991, the City Council introduced
Ordinance No. 1051 with a first reading by title only. Prior to
this introduction the City Council amended Section 7307 to include
the City Council as the final appeal body.
DISCUSSION:
Section 7307 of Ordinance No. 1051 has been amended to include the
City Council as the final body of appeal. This ordinance is now
ready for adoption by the City Council.
Bob Ledendecker
Director of Public Works/City Engineer
BL:ccg:bll05l
Attachment
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ORDINANCE NO. 1051
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING THE TUSTIN CITY CODE
RELATIVE TO PARKWAY TREES AND SHRUBS '
The City Council of the City of Tustin, does hereby ordain as follows:
1. Chapter 3, Sections 7301-7309 of the Tustin City Code is hereby amended to read
as follows:
CHAPTER 3: TREES AND SHRUBS
SECTION 7301 • PURPOSE OF THIS CHAPTER
The City intends to maintain and exercise full power, authority and
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
City.
SECTION 7302: DAMAGE
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,
stake, guard or other plant -protective structure located in any public parkway,
median, street, highway, alley, right-of-way or other City -owned property
without prior written approval of the City's Manager of Field Services.
SECTION 7303: DESTRUCTION
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
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
of Field Services.
SECTION 7304: MAINTENANCE
Except as may otherwise be provided herein, it shall be the duty and
responsibility of every person to water and otherwise maintain in proper and
sightly manner, all trees and shrubbery located in the public parkway located
immediately in front of or along side of property owned by said person.
SECTION 7305: TRIMMING
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
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
trimming to be done, or by direction of the City Council may cause directions to
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Ordinance No. 1(,, Page 2
perform such trimming to be given to the property owner in front of or along
side of whose property said trees or shrubbery are located.
SECTION 7306- REMOVAL AND/OR REPLACEMENT
(a) The Manager of Field Services shall be authorized to remove trees which
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
tree from the City approved list of trees.
(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
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
unsafe.
SECTION 7307• RIGHT OF APPEAL
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.
SECTION 7308• REQUIREMENTS OF PLANTING
Whenever any person shall apply- for a building permit for the construction,
reconstruction, remodeling or addition of any structure, with a cost of
construction, reconstruction, remodeling or addition exceeding fifty percent
(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
Trees
shall hereafter be planted
in the City of
Tustin in public parkways,
medians,
streets, highways, alleys,
sidewalks and
right-of-way, in accordance
with the
Master Tree Plan adopted by
resolution of the
City Council.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin,
California, held on the day of , 1991.
ATTEST:
CITY CLERK
MAYOR