(a) “Street Trees” are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either of all streets, avenues, lanes, squares, alleys or ways within the City. In other words, trees located within the public right of way.
(b) “Park Trees” are herein defined as trees, shrubs, and all other woody vegetation in public parks having individual names, and all other areas owned by the City, or to which the public has free access as a park.
(Code 1959, 16-501; Code 1984, Ord. 1407; Code 2015)
The City shall have the right to plant, prune, maintain and remove Street Trees or Park Trees as may be necessary to insure safety when servicing City utilities or to preserve the symmetry and beauty of public grounds. The City may remove or cause or order to be removed, any Street Tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect or other pest.
(Code 1984, Ord. 1407; Code 2015)
Whenever any competent City authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the City are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the City Clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.
(Code 1984, Ord. 1407; Code 2015)
Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the City, then the City Clerk shall notify the owner by mailing a notice by certified mail to his or her last known address. Said notice shall state:
(a) A description of the disease or other problem requiring the treatment or removal;
(b) A description of the tree, shrub, bush or other plant life affected;
(c) What remedial action is deemed necessary to alleviate the problem;
(d) The time in which the remedial action is to be taken.
(Code 1984, Ord. 1407; Code 2015)
If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the Chief of Police shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the City Clerk. The City Clerk shall prepare and submit to the property owner a bill itemizing the city’s expense in taking remedial action. In lieu of City employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work..
(Code 1984, Ord. 1407; Code 2015)
No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the City shall be permitted to remain on the premises, but shall immediately be removed and burned or immediately burned upon the premises, if safe to do so and approval for such burning has been obtained from the City Manager, so as to prevent the spread of the tree disease.
(Code 1984, Ord. 1407; Code 2015)
(a) Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street of right-of-way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign, or obstructs view of an intersection.
(b) The City shall have the right to cause the removal of any dead or dangerous trees on private property within the City, when such trees constitute a hazard to life and property. The City will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the City shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.
(Code 1984, Ord. 1407; Code 2015)
The City shall have the authority to treat or to remove any Street Tree or Park Tree. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the City at-large.
(Code 1984, Ord. 1407; Code 2015)
By and with the consent of the owner of any tree involved, the City Manager may at the city’s expense authorize the reasonable and necessary trimming or cutting of any tree or tree limbs which interfere with or constitute a hazard to the City’s electrical power lines regardless whether such tree be growing along a street, sidewalk or alley or upon public or private grounds. If the property owner refuses to give such consent, the City Manager is hereby authorized to refuse electrical service to the property affected.
(Code 1984, Ord. 1407; Code 2015)
No Street Trees, other than those species listed as Small Trees in Stockton City Resolution 95-2, may be planted under or within 10 lateral feet of any overhead utility wire, or over or within 10 lateral feet of any underground water line, sewer line, transmission line or other utility.
(Code 1984, Ord. 1407; Code 2015)
The City Clerk shall, at the time of certifying other City taxes to the County Clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-305 or 13-307. The County Clerk shall place the same on the tax roll against the lot or parcel of ground affected. The cost of such work shall be paid from the general fund or other proper fund of the City, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the City.
(Code 1984, Ord. 1407; Code 2015)
No person shall willfully break, cut, take away, destroy, injure, mutilate, or willfully attempt to break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the City.
(Ord. 1407; Code 2015)
No person shall plant or cause to be planted nor allow to grow any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the City. Every fire hydrant shall be in full view day or night to fire apparatus approaching from any direction and no person shall block or otherwise cause any obstruction of such view.
(Ord. 1407; Code 2015)
It shall be unlawful as a normal practice for any person, firm, or City department to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this article at the determination of the City Tree Board.
(Ord. 1407; Code 2015)
All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(Ord. 1407; Code 2015)
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing any of Street Trees, Park Trees, or trees on private ground, as authorized in this article.
(Ord. 1407; Code 2015)
The City Commission shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board to the City Commission who may hear the matter and make final decisions.
(Ord. 1407; Code 2015)
Any person violating any provision of this article shall be, upon conviction or plea of guilty, subject to a fine not to exceed $100.00.
(Ord. 1407; Code 2015)