Ordinance No. 705295
ORDINANCE NO. 705
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING ARTICLE IV TO CHAPTER 24 OF THE CYPRESS MUNICIPAL
CODE REGARDING PLANTING,REMOVING, PRUNING, INJURING, OR
DESTROYING OF STREET TREES.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Article IV to Chapter 24, "Street Trees" is hereby added
to the Cypress Municipal Code, to read as follows:
ARTICLE IV - STREET TREES
Section 24 - 42. PROHIBITIONS; PENALTY
It shall be unlawful and an infraction punishable by a five hundred
dollar ($500) maximum fine for any person to plant,remove, prune, injure,
or destroy any street trees, as hereinafter defined, except in conformance
with this Chapter's provisions.
Section 24 - 43. DEFINITIONS
For purposes of this Article, the following terms shall have their
accompanying meaning:
a) Director means the Director of Public Works or the Director's
designee.
b) Person means any individual, association, partnership, or corporation,
and to the extent of the City's jurisdiction, any public entity.
c) Parkway strip means the area within a public right-of-way lying
between the curb and the sidewalk.
d) Street tree means any plant of arborescent form planted and main-
tained within a public right -of -way.
Section 24 - 44. STREET TREES PROPERTY OF CITY
All street trees within the City of Cypress are the City's property. The
Director shall have exclusive authority to inspect, maintain, plant, remove,
prune, root prune, or otherwise alter street trees.
Section 24 - 45. REQUESTS FOR REMOVAL, PRUNING
Any person may request the removal, spraying, pruning, root pruning,
or replacement of any street tree on or adjacent to their property. Upon
receiving a request, the Director may inspect a street tree and exercise
sole and exclusive discretion in causing or preventing the removal, spraying,
pruning, root pruning, or replacement of such tree. Any person aggrieved
by the Director's final determination has the right to appeal the determi-
nation to the City Council.
Section 24 - 46. PRIVATE REMOVAL, PRUNING
Upon obtaining the Director's approval, any person requesting street
tree service pursuant to Section 24 -45 may undertake the work privately
or by agreement with a private nursery or tree service if, in the Director's
sole and exclusive determination:
a) Sufficient assurances exist that the work will be undertaken
properly and, except in cases of removal, will not irrevocably
damage the street tree; and
b) Sufficient assurances exist that the public safety will not be
impaired, the Director having authority to require a public
liability and property damage insurance policy, permit and /or
processing fee.
Section 24 - 47. REMOVAL OF TREES - PROTEST
Notwithstanding any contrary provision of Sections 24 -45 or 24 -46,
the Director shall neither remove nor permit to be removed any live street
tree, except in instances of public danger, without first posting a conspi-
cuous notice on any such tree stating that the tree is to be removed ten (10)
days after the date of posting. The notice shall state that any person may
protest the tree's removal by notifying the Director. Upon receipt of a
protest, the Director shall reconsider his decision to remove or permit
removal of the tree. Any person aggrieved by the Director's final decision
may appeal the decision to the City Council.
Section 24 - 48. STREET TREE PLANTING - LISTS - REPLACEMENTS
PRIVATE WORK - SUBDIVISIONS
a) Any person may undertake the planting of a street tree privately
or by agreement with a private nursery or tree service, provided
that the Director approves of the location, species and manner
of planting.
b) The Director shall prepare a list of tree species that are
acceptable for street tree use. The Director shall also
establish criteria for locating and planting street trees
so that the public safety and any public or private improvements
are protected.
c) Any replacement planting for a street tree existing on the
effective date of this Article shall conform to the species
and planting criteria set forth in this ordinance.
d) As a condition of approval for all parcel and subdivision maps,
a subdivider may be required to plant street trees at locations
and in a manner determined by the Director pursuant to Cypress
City Code Section 25- 29(E).
Section 24 - 49. DUTY OF UTILITY TO PROTECT TREES - EXCAVATIONS
a) It shall be the duty of any person owning or operating any
utility within a public right -of -way, including any water,
sewer, gas, electrical, telephone, or cable television service,
to maintain such utility in a manner that prevents damage to
street trees.
b) Any person excavating, trenching or otherwise engaging in
subsurface works within a public right -of -way shall not cut any
street tree root exceeding three (3) inches in diameter unless
they obtain the Director's specific authorization. In addition
to penalties otherwise prescribed by this Article, any person
who cuts a street tree root in excess of three (3) inches in
diameter without authorization, shall be liable for the cost of
the tree's removal and replacement should the Director determine
removal to be necessary, or shall be liable for the costs of
remedial pruning should the Director determine such to be necessary.
Section 24 - 50. LIABILITY - STREET TREE DAMAGE TO PUBLIC IMPROVEMENTS
When the Director determines that a street tree is damaging public
improvements in a public right -of -way, the Director may order removal of the
tree pursuant to Section 24 -45. Any real property owner desiring to prevent
such removal shall agree to assume all financial liability for any further
damage to public improvements caused by the tree and shall obtain public
liability and property damage insurance naming the City as an additional
insured in an amount set by the Director. In the event that the real
property owner thereafter fails to pay for any damage to public improvements
caused by the tree, the City may remove the tree and repair the public
improvements damaged thereby and bill the property owner in an amount equal
- 2 -
to the cost of removing the tree and repairing such damaged public improve-
ments. In the event that the property owner fails to pay said bill within
thirty (30) days of the date of the receipt thereof, the City may place
a lien on the owner's real property in an amount equal to the amount set forth
on the bill.
SECTION 2. If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance, or the application thereof to any
person or place, is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions of this ordinance or its
application to other persons or places. The City Council hereby declares
that it would have adopted this ordinance, and each section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of
the fact that any one or more sections, subsections, subdivisions, sentences,
clauses, phrases, or portions, or the application thereof to any person or
place, be declared invalid or unconstitutional.
SECTION 3. The City Clerk is hereby authorized and directed to certify
as to the passage of this ordinance and to give notice thereof by causing
copies of this ordinance to be posted in three public places throughout
the City.
FIRST READ at a regular meeting of the City Council of the City of
Cypress held on the 14th day of March 1983, and finally adopted and
ordered posted at a regular meeting of said Council held on the 28th
day of March 1983.
ATTEST:
CITY CLERK OF E CITY F CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Ordinance was duly adopted at a regular meeting of the said
City Council held on the 28th day of March 1983;by the following roll call
vote:
AYES: 5 COUNCIL MEMBERS: Coronado, Kanel, Mullen, Partin, and Lacayo
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY OF CYPRESS
CLERK OF THE TY