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ORDINANCE NO 3141
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING THERETO NEW CHAPTER 12 40 ENTITLED
"REGULATION OF SHADE TREES "
The City Council of the City of Huntington Beach does
ordain as follows
SECTION 1 The Huntington Beach Municipal Code is
hereby amended by adding thereto new Chapter 12 40 entitled,
"Regulation of Shade Trees, " to read as follows
CHAPTER 12 40
REGULATION OF SHADE TREES
12 40 010 Definitions For the purpose of this
chapter, the following words and phrases shall have the meaning
hereafter set forth unless a different meaning is clearly
intended from the context in which such word or phrase is
used Any word or phrase not herein defined shall have the
meaning attributed to it in ordinary usage
(a) City - shall mean the City of Huntington Beach
(b) Parkway - shall mean that part of a street or highway
lying between the property line and that portion of
the street or highway customarily used for vehicular
traffic
(c) Citizen - shall mean any person, firm, partnership,
association, corporation, company or organization of
any kind
(d) Public place - shall mean any place, including
buildings, open to the public and owned, managed or
controlled by the City of Huntington Beach
(e) Standards - shall mean the Arboricultural and
Landscape Standards and Specifications, adopted by
resolution of the City Council, and by reference made
a part hereof as though set forth fully herein
(f) Street - shall mean the entire width of every public
way or right-of-way when any part thereof is open to
the use of the public for purposes of vehicular and
pedestrian traffic �IL i
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(g) Park, Tree and Landscape Division - shall mean that
division of the Department of Public Works charged
with the administration of this chapter
(h) Park, Tree and Landscape Superintendent - shall mean a
qualified, designated official of the City, or his
duly authorized representative, charged with the
enforcement of this chapter
12 40 020 Park, Tree and Landscape Superintendent -
Duties and Authorities
The Park, Tree and Landscape Superintendent (hereinafter
referred to as "Superintendent") shall have the authority and
is hereby charged with the following duties
(a) To enforce the standards, adopted by the City of
Huntington Beach, a copy of which is on file in the
office the City Clerk, governing the planting,
maintenance, removal, fertilization, pruning and
bracing of trees on the streets and other public
places in the city and shall direct, regulate, and
control the planting, maintenance, and removal of all
trees growing now or hereafter on streets or public
places, to insure safety or preserve the aesthetics of
such public places
(b) To supervise or inspect all work done under any permit
issued in accordance with the provisions of this
chapter
(c) To place reasonable conditions on the granting of a
permit in accordance with the provisions of this
chapter
(d) To develop a street plan with the advice and approval
of the City Council Such plan shall specify the
species of tree to be planted on streets and other
public places From and after the effective date of
such street tree plan, and any amendments thereto, all
tree planting shall conform to the requirements
contained therein
(e) The Superintendent shall have the authority to
develop, amend or add to the street plan at any time
circumstances make such amendment or addition
advisable When recommending species of trees, the
Superintendent shall consider environmental factors,
and all existing and future utilities of an area or
specific location
2
12 40 030 Park, Tree and Landscape Superintendent -
interference with
No person shall interfere with, oppose or obstruct the
Superintendent in the performance of his duties as provided in
this chapter
12 40 040 Authority No citizen shall plant, spray,
or maintain any tree on any street, parkway or public place
without first applying to obtain a permit from the City of
Huntington Beach
12 40 050 Applications - generally Applications for
permits shall be filed with the Superintendent not less than
ten (10) days prior to the time the work is to be commenced
The Superintendent shall issue such permit if the requirements
and conditions contained in this chapter, the Standards, and
other reasonable requirements of the Superintendent which may
be attached to such permit, will be met
12 40 .060 Surety or cash bond Prior to the issuance
of any permit, the Superintendent may require the deposit of a
surety or cash bond in an amount sufficient to guarantee that
the activity or work proposed will be performed in the
professional workmanlike manner and to secure the city against
all costs, charges and expenses incurred by reason of
permittee° s failure to abide by the provisions of this chapter,
the requirements contained in the standards of the city, or any
federal or state laws appertaining thereto
12 40 070 Permit - Issuance not warranty The
issuance of any permit under the provisions of this chapter
shall not be construed as warranty by the city as to the
competence of permittee, or that the activity or work proposed
to be performed under such permit will be done with safety to
the permittee or other persons or property All such risks
shall be assumed by permittee
12 40 080 Permits - types of The following
activities shall require issuance of a permit planting,
spraying, pruning, removal and maintenance
12 40 090 Permits - General contents Permits shall
contain the address or a description of the exact location
where the park is to be performed, a detailed description of
the methods to be used and the manner in which such work is to
be performed, any unusual conditions which may be attached to
the issuance of such permit by reason of the special type of
work to be performed, and the date on which such permit shall
expire
Within five (5) days after the expiration date specified on
any permit, unless appl_cation has been made for a renewal or
amendment of such perm_t, the Superintendent shall be notified.
that the work has been completed and ready for inspection
a
12 40 100 Permit - Planting No citizen shall plant,
replant, relocate or remove any tree from any street, parkway
or public place without first complying with sections
12 40 050 In addition to the information required by this
chapter, such permit shall set out the specific number of trees
and the specific work to be performed in connection therewith
This permit shall require all planting to comply with the
standards and specifications of the City of Huntington Beach
12 40 110 Permit - Spraying No citizen shall spray
any tree on any street, parkway or public place without first
complying with sections 12 40 050 In addition to the
information required by this chapter, such permit shall specify
the types of chemicals and commercial sprays which may be used
in the work to be performed and require that the performance of
all such work shall conform to the conditions contained in Part
II, Division 4 , Section 4 02 of the Standards and
Specifications of the city, and all federal and state laws
applicable to the use of pesticides
12 40 120 Permit - pruning No citizen shall prune
any tree on any street, parkway or public place without first
complying with sections 12 40 050 In addition to the
information required by this chapter, such permit shall set out
the specific number of trees and specific work to be performed
in connection therewith This permit shall require all pruning
to comply with the Arboricultural Standard Plans and
Specifications of the city and specifically part II, Division
4 , Section 4 01
12 40 130 Permit - removal No citizen shall prune
any tree on any street, parkway or public place without first
complying with sections 12 40 050 In addition to the
information required by this chapter, such permit shall specify
the reason for the request for tree removal and the location,
specie, size and number of trees to be removed Also, there
shall be a list of the equipment to be used and the procedures
to be followed for removal This permit shall require all tree
removal to comply with the Arboricultural Standard Plans and
Specifications of the city and specifically part II, Division
4, Section 4 01
12 40 160 Appeal Within thirty (30) calendar days
after receipt of an application, the Superintendent shall
inform the applicant in writing of his reasons for refusing to
issue any permit provided for in this chapter, and such
applicant shall have the right to appeal in writing within
thirty (30) days to the City Council
12 40 170 City Council action At the first regular
meeting following receipt of an appeal, the City Council shall
consider the matter under the requirements contained in this
chapter, the standards adopted by the city, and the pertinent
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information furnished by the Superintendent The determination
of the City Council to sustain or overrule the decision of the
Superintendent shall be final
12 40 180 Defacing - Prohibited No citizen shall cut
down, pull up, burn, destroy or remove any tree, landscape
plant or shrub in any street or public place No citizen shall
trim, skin, deface, or remove the outer trunk surface or bark
of any tree, plant or shrub located in any street or public
place to such an extent or in such manner as to deface, injure,
destroy or endanger the life of any such tree, plant or shrub
No citizen shall attach any rope, wire, nail, advertising
material or any other foreign object to any tree, plant or
shrub, or allow any gaseous liquid or solid substance to come
into contact therewith, which gaseous liquid or other substance
is harmful to such tree, plant or shrub
12 40 190 Certain materials Prohibited No person
shall deposit, place, store, or maintain upon any public place
in the city any stone, brick, sand, concrete or other material
within a 10 ' radius of a tree or which may obstruct the free
passage of water, air and fertilizer to the roots of any tree,
plant or shrub growing in such public place without first
obtaining written permission from the Superintendent
12 40 200 Excavation
(a) No person shall excavate any ditch, tunnel, trench, or
lay any driveway within a radius of ten (10) feet from
any tree in any street or parkway without first
obtaining written permission from the Superintendent
(b) Any tree on any street or public place near any
excavation or construction of any building, structure,
or street work, shall be protected with a good
substantial enclosure placed a sufficient number of
feet, as determined by the Superintendent, from such
tree, to guard against any building material, refuse,
or other debris from damaging such tree
12 40 210 Penalty Any citizen violating any
provision of this chapter shall, upon conviction thereof, be
guilty of a misdemeanor
SECTION 2 This ordinance shall take effect thirty (30)
days after its adoption The City Clerk shall certify to the
passage of this ordinance and cause same to be published within
fifteen (15) days after adoption in a weekly newspaper of
general circulation in Huntington Beach, California
PASSED AND ADOPTED by the City Council of the City of
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Huntington Beach at a regular meeting thereof held on the
day of 1992
Mayor
ATTEST APPROVE AS TO FORM
City Clerk �1`1-5192-City Attorney
REVIEWED AND APPROVED kINITIATEDNDfVPOVED
City A ministrator Direct r of Public Works
FIT
I understand that this Agreement shall not be effective unless the CITY
of HUNTINGTON BEACH has been given written notice of the proposed assignment
thirty (30) days prior to the effective date of tnis Assignment I further
understand that this Assignment shall not be effective unless I furnish the
CITY OF NUNTINGTON BEACH public liability insurance in the form required by
Resolution No 6023 I further agree to hold the CITY OF HUNTINGTON BEACH
harmless and to protect, defend and indemnify the CITY OF HUNTINGTON BEACH
against loss, damage or expense by reason of any suits, claims, demands,
3udgments and causes of action caused by insured, his employees or agents
arising out of or in consequence of the performance of all operations covered
by this Assignment
Executed this day of 19
ASSIGNEE'S SIGNATURE
Typed Name
Address
City and State
CITY OF HUNTINGTON BEACH
APPLICATION FOR TREE PLANTING - SPRAYING - MAINTE[MCE
APPLICATION NO DATE
FEES) PERMIT ISSUED/DENIED
1 NAME(S)
2 ADDRESS(ES)
3 LOCATION
4 NATURE OF WORK
5 METHOD
6 EQUIFMENi' AND/OR MATERIALS
S
7 INSURANCE CARRIER/BONDING COMPANY
ADDRESS
8 LENGTH OF TIME REQUIRED
9 ADDITIONAL INFORMATION
If permit is granted, I hereby agree to perform the work in accordance
with applicable sections of the Arboricultural and Landscape Standards and
Specifications, as conditions attached to such permit
APPLICANT
1 ,
1L-1 A 1
CITY OF HUNTINGTON BEACH
PERMIT FOR TREE PLANTING - SPRAYING - MAINTENANCE
DATE
PLANTING - SPRAYING - MAINTENANCE PERMIT ISSUED TO
DATE OF EXPIRATION
CONDITIONS ATTACHED
PARK, TREE AND LANDSCAPE SPERD=MENT
APPLICATION NO
3
C
1 �
ASSIGNMENT OF PARKWAY MAINTENANCE AGRE ENT
By this Assignment dated this day of ,
19 , I hereby delegate to (NAME)
(ADDRESS)
all of my duties and obligations of performance under a contract
dated between the City of Huntington Beach, a political
subdivision of the State of California, and myself concerning Parkway
Maintenance Agreement dated
by accepting this Assignment,
agrees to assume and perform all duties and obligations that I have under said
contract, and to hold the City and me harmless from any liability for
performance or nonperformance of such obligation
(ASSIGNOR'S SIGNATURE)
(TYPED NAME)
(ADDRESS)
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3
(CITY AND STATE)
I hereby accept the foregoing assignment, agree to assume and perform
all duties and obligations to be performed by (ASSIGNOR)
under the contract therein specified to the same extent as if I had been an
original party thereto, and agree toinlemnify and hold the CITY OF HUNTINGTON
BEACH harmless for any liability for performance or nonperformance of such
duties and obligations