HomeMy WebLinkAboutOrd 2040
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ORDINANCE NO. 2040
AN ORDINANCE OF THE CITY OF BURLINGAME ADDING SECTION
11.06.055, “PRIVATE TREES AND PRIVATELY-OWNED VEGETATION
(PUBLIC NUISANCE)”, TO CHAPTER 11.06 OF TITLE 11 OF THE
BURLINGAME MUNICIPAL CODE REGARDING THE MAINTENANCE OF
PRIVATE TREES AND VEGETATION ON PRIVATE PROPERTY; CEQA
DETERMINATION: EXEMPT PURSUANT TO STATE CEQA GUIDELINES
SECTION 15378 AND 15061(b)(3)
WHEREAS, the City of Burlingame (“City”) wishes to protect the public, safety,
welfare, and tranquility of its residents; and
WHEREAS, the City seeks to encourage the maintenance of well-kept properties in
recognition of the fact that property values and the general welfare of the community are
founded in large part on the appearance, maintenance, and safety of properties; and
WHEREAS, the owners of property bearing private trees or other vegetation that are
adjacent to public sidewalks or rights of way are usually in the best position to quickly
identify and address potentially dangerous conditions, including dead or dying trees, failing
limbs, or overgrown vegetation which may cause damage or injury to persons or property;
and
WHEREAS, through its police powers, the City has the authority to impose
maintenance obligations on property owners for their property, as well as abutting rights of
way; and
WHEREAS, this Ordinance deems dead, dying, or otherwise dangerous privately
owned trees and vegetation as public nuisances, subject to enforcement by the City to
encourage safety on public property and maintenance of visually appealing properties
throughout the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURLINGAME
DOES ORDAIN AS FOLLOWS:
Section 1. The recitals set forth above are true and correct, and are hereby
incorporated herein by this reference as if fully set forth in their entirety.
Section 2. The City Council hereby finds that this Ordinance is in the public
interest.
Section 3. The Ordinance is not a Project within the meaning of section 15378 of
the CEQA Guidelines because it has no potential for resulting in physical change in the
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environment, either directly or ultimately. In the event that this Ordinance is found to be a
project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines
section 15061(b)(3) because it can be seen with certainty to have no possibility of a
significant effect on the environment.
Section 4. If any section, subsection, clause or phrase of this Ordinance is for any
reason held to be invalid, such decision shall not affect the validity of the remaining portion
or sections of the Ordinance. The City Council of the City of Burlingame hereby declares
that it would have adopted the Ordinance and each section, subsection, sentence, clause
or phrase thereof irrespective of the fact that any one or more sections, subsections,
sentences, clauses or phrases be declared unconstitutional.
Section 5. Chapter 11.06 of the Burlingame Municipal Code is amended to add a
new Section 11.06.055,“Private trees and privately-owned vegetation (public notice),” to
Title 11 as reflected in Exhibit A, attached hereto and incorporated herein by reference.
Any sections not included in Exhibit A remain unchanged.
Section 6. This Ordinance shall go into effect 30 days following its adoption.
Section 7. The City Clerk is directed to publish this ordinance in a manner
required by law.
Peter Stevenson, Mayor
I, MEAGHAN HASSEL-SHEARER, City Clerk of the City of Burlingame, certify that
the foregoing ordinance was introduced at a regular meeting of the City Council held on
2nd day of September 2025 and adopted thereafter at a regular meeting of the City Council
held on the 6th day of October 2025, by the following votes:
AYES: COUNCILMEMBERS: Brownrigg, Colson, Pappajohn, Stevenson, Thayer
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
ATTEST: ___________________________________
Meaghan Hassel - Shearer, City Clerk
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EXHIBIT A
11.06.055. Private trees and privately-owned vegetation (public nuisance)
(a) The provisions of this Section shall govern actions affecting private trees and
privately-owned vegetation, and shall be in addition to all other applicable
provisions set forth in the Burlingame Municipal Code.
(b) It shall be the responsibility of owners, tenants and occupants of property to
maintain private trees and privately-owned vegetation in a manner that does not
impact public safety or health.
(c) Any of the following are determined to be public nuisances, subject to the
provisions of Chapter 1.12 and Chapter 1.16:
(1) A dead, diseased, infested or dying tree or vegetation on private property or
property not owned by the City.
(2) Any private tree or vegetation on any private property or any private tree or
vegetation in a parkway strip between a private property line and the street line
which damages, destroys or otherwise interferes with any street improvements,
sidewalks, curbs, street trees, gutters, sewers, or other public improvements
including mains or service, or threatens to so damage, destroy or impair same.
(3) The existence of any branches or foliage on private property which interferes with
visibility on, or free use of, or access to, any portion of any street improved for
vehicular or pedestrian travel.
(4) Shrubs and plants more than thirty-six inches in height in any parkway strip,
measured above top of curb grade;
(5) Vines or climbing plants growing from private property into or over any public tree,
shrub, hedge, or plat or any public hydrant, pole, or other improvement.
(6) Any private tree or privately-owned vegetation declared a public nuisance
pursuant to state law and ordered removed by a court of competent jurisdiction.
(7) Any other condition or offensive private tree or vegetation on private property that
may be deemed hazardous or nuisance by the Director.
(d) The City may inspect any tree or vegetation standing on any private property to
determine whether the same, or any portion thereof, is in such condition as to
constitute a hazard or nuisance.
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