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HomeMy WebLinkAboutOrd 0944ORDINANCE NO. g4c� AN ORDINANCE AMENDING CHAPTER 11.04 OF THE BURLINGAME MUNICIPAL CODE REGULATING STREET TREES as follows: The City Council of the City of Burlingame does ordai SECTION 1. Chapter 11.04 of the Municipal Code of City of Burlingame is amended to read as follows° "Chapter 11.04 STREET TREES SECTIONS: 11.04.010 Definitions 11.04.020 Duties of Director 11.04.030 Flanting in Streets or Public Areas 11.04.035 Actions by Others 11.04.040 Public Nuisance Defined 11.04.045 Abatement of Public Nuisances 11.04.050 Trimming by Public Utility Corporations 11.04.055 Paving of Planting Strips 11.05.060 Approval of Plant Varieties 11.05.065 Street Tree Paster Plan 11.05.070 Responsibility of City for Tree:.. Damaged Sidewalk 11.05.080 Appeal from Order of Director 11.04.010 - Definitions. Streets All land lying between abutting properties dedicated for, or condemned for, or established by, use as a public thor- oughfare. Street includes avenue, boulevard, road highway, walk or lane but does not include freeway. Persons Person shall mean individuals, firms and corporations, and agents, employees and representatives thereof. Directors The Director of Parks of the City of Burlingame. Public Areas: Parks, playgrounds, areas around public buildings and all other public areas in the possession of or under the supervision, maintenance or control of the City of Burlingame. Street trees Any woody perennial plant having a single main axi or stem -commonly ahieving ten feet or more in height. Shrub: Any woody perennial plant normally low; several -stemmed, adaptable to shaping, trimming and pruning without injury. Hedge; Any plant material or shrub when planted in a dense, continuous line or area, so as to form a thicket or barrier, Plant; All other dant material, non -woody, annual or perennial in nature, not necessarily hardy. Planting Strip: The portion of the street paralleling the curb or sidewalk intended for tree planting or landscaping. -1- Objectionable trees: Trees which by reason of decay, neglect or disease may become a hazard to persons or property; those which may impair the progress or vision of anyone travelling in a public street; those which by their nature drop fruit, seed pods or debris which create hazards to pedestrians or vehicular travel. 11. 04.020 Duties of Director. It shall be the duty of the Director to plant, trim, prune, spra and care for any trees, shrubs or plants and to remove any tree, shrub or plants which in his opinion are objectionable or hazardous in or upon any street, alley or public place in the city 11.04,030 Planting in �ets or public areas® It shall be unlawful for anyone other than the Director or his authorized representative to place or plant any tree, shrub or plant in any of the streets or public places in the City until the Director shall have first approved the kind and variety to planted, the location therefor, and granted a permit for plant the same. 11,04.035. Actions by Others. It shall be unlawful for any person to cut down, trim, prune, plant, remove, injure or destroy any tree, shrub or plant in or j upon any street or public place in the City without a permit therefore from the Director, who is hereby authorized to grant such a permit in his discretion. It shall be unlawful to fasten any sign, wire, rope, or any device to any street tree; to permit any fire to burn where the heat thereof will injure any portion of the tree; to place or maintain any stone, cement, or other substance so that it will impede the free access of air and water to the roots of any' street tree. 11.04.040. Public Nuisances Defined. The following are defined and declared to be public nuisances: (a) Any dead, dying, diseased or infested tree in any street or on any private property so near to any street as to constitute a danger to street trees, public utility services, or'. streets or portions thereof, or to persons. (b) Any tree or shrub on any private property of a type or species apt to destroy, impair, or interfere with any street improvements, sidewalks, curbs, gutters,sewers, utility mains or services. (c) Vines or climbing plants growing into or over any street tree or fire hydrant, pole or electroliere (d) Branches or foliage which interfere with visibil' ity on, or free use of, or access to, any portion of any street . improved for vehicular or pedestrian travel. (e) Hedges or dense thorny shrubs or any planting strip or extending beyond a property line into any portion of the sidewalk or street. (f) Shrubs, plants or hedges more than three feet in height in that portion of a corner lot at the intersection of two streets which is a triangle measured for fifteen feet in each direction from the external corner of the lot. -2- 11.04.045 Abatement of Public Nuisances. '(a) Whenever any public nuisance as defined herein exists on private property, the Director shall cause a written notice to be sent by United States mail or delivered personally to the owner of the property or the person in possession of the propertye Such notice shall describe the condition, state the work necessary to remedy the condition, and the time within whi the work must be performed. (b) If, at the end of the time specified, the work not been done, the Director shall cause a report thereof to be made to the City Council. (c) The City Council may adopt a resolution which sh preliminarily declare the condition to be a public nuisance, order the Director to give notice of the passage of the resolu- tion, and state therein that, unless the nuisance is abated caith delay, the work of abatement will be done by the city authoritie and chargeable as a lien against the private propertye The re- solution and notice shall fix the time and place for hearing any objections to the proposed abatement of the public nuisance or to the declaration that a public nuisance exists, (d) The amount of the .cost of abating the nuisance upon the property referred to or described in the resolution and notice shall constitute a special assessment against such property, and after it is confirmed by the City Council, shall constitute a lien on such property for the amount of such as- sessment, until paid. Such amounts shall be collected at the same time and in the same manner as general city taxes are col- lected, and shall be subject to the same interest and penalties, and the same procedure and sale in case of delinquency. All laws and ordinances applicable to the levy, collection and en- forcement of property taxes are hereby made applicable to such special assessments. 11.04.050 Trimming by Public Utility Corporations Any public utility corporation maintaining overhead wires may be given a permit by the Director, valid for one year from date of issuance, to allow such public utility corporation to trim or brace any trees growing upon the street or which grow upon priva property to the extent that they encroach upon the street. Per- mission to trim or brace trees by the public utility corpora- tion shall be granted where it can be shown that the trees or portions thereof will interfere with the safety of the overhead wires or the transmission of electrical current or telephone messages. 11.04.055 Pavinq of planting Strips (a) In all residential districts where planting str exist between sidewalk and curb, permission may be granted by t Director, with the assent of the Director of Public Works, for paving or covering by the adjoining property owner of all or part of the strip except for unpaved spaces with a minimum of four square feet for the planting of a street tree. Such un- paved spaces shall be at approximate intervals of fifty feet. Where driveways are so located as to make an interval of fifty feet impractical, the Director may designate an appropriate lo- cation. (b) The Director is hereby gulations to apply to the issuance of covering planting strips such as, but planting strip; grevious practices on subject property is a part; on -street -3- authorized. to prepare re - permits for paying or not limited to; width of the block of which the vehicle parking; number s 11 i� of existing or proposed trees; location of driveways; location of public utility services; proximity to commercially zoned districts< 11,0,4,060 Approval of Plant Varieties. The Director is authorized to approve varieties of trees which may be planted �.n planting strips and no trees which do not re- ceive such approval shall be planted. The Director shall pre- pare a list of such trees and said list may be amended and re- vised from time to time. 11.04..065. Street Tree Master Plan (a) The Director shall develop a comprehensive plan of official street trees for all streets of the city where planting areas are available and .provided for trees. The plan m. be revised from time to time and shall be reviewed each year, (b) In accordance with the plan, the Director shall proceed each year to plant trees or replace trees to the extent of such funds as may be allocated by the Council for that purpos (c) Where the condition of a tree, or the unfitness of a tree, or the condition of other public improvements ad- jacent to a tree make replacement necessary or desirable, the Director is authorized to remove such tree and replace it with one in accordance with the master tree plan. 11.04.070 Responsibility of City for Tree Damaged idewalks Periodically, the Director of Public Works shall prepare a list of particular trees which have caused a present and immediate danger to pedestrian travel by causing damage-: to the contiguous sidewalk or have interfered with drainage flow in gutters or cre ated traffic hazards in adjacent streets. The list shall be de- livered to the Director for comment or revision. After agree- ment by the Director of Public Works and the Director upon such list, a request for necessary funds shall be made by the Directo of Public Works in his annual budget to the City Council for the repair or replacement of the listed damaged public improvements, and such repairs or replacements shall be made to the extent of the funds approved in said annual budget.. 11.Oq.080 Appeal from Order of Director. Any person aggrieved by any act of the Director may appeal, in writing, to appellant, matter and the City Manager. the Director, and make such order as The City Manager sku 11 hear the any others, and shall decide the he may find necessary. In the event that the appellant or any person is dis- satisfied with the decision of the City Manager, the matter may appealed to the City Council by a written request of the ag- grieved party. The action of the City Council after review shal be final and conclusive." SECTION 2< Severabili If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance or any part there- of is for any reason held to be unconstitutional, such decision shall not affect the validity o£ the remaining portions of this ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivision paragraphs, sentences, clauses or phrases be declared uncon- stitutional. SECTION 3. Publication. This ordinance shall be published as required by lawe AYES: COUNCILMEN:AMSTRUP®CROSBY-JOHNSON-MAbJGTNT®MARTIN NOES: COUNCILMEN; NONE ABSENT: COUNCILMEN. NONE -5- I, HERBERT K. WHITE, City Clerk of the City of Burlingame, do hereby certify that the. foregoing Ordinance was introduced at a regular meeting of the City Council held on the �®day of September, 1971, and adopted thereafter at a regu- lar meeting of the City Council held on the gth day of October 1971, by the following vote; AYES: COUNCILMEN:AMSTRUP®CROSBY-JOHNSON-MAbJGTNT®MARTIN NOES: COUNCILMEN; NONE ABSENT: COUNCILMEN. NONE -5-