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.
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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.
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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
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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
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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
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