HomeMy WebLinkAboutOrdinance #3518 ORDINANCE NO. 3518
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 13.50 TO THE HUNTINGTON BEACH MUNICIPAL
CODE RELATING TO THE REGULATION OF TREES
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 13.50, said chapter to read as follows:
Chapter 13.50
REGULATION OF TREES
Sections:
13.50.010 Definitions.
13-50,020 "Director"--Duties and authority.
13,50.030 Director--Interference with.
13.50.040 Permits required.
13.50.050. Applications.
13.50.060. Applications-- eery.
13-50.070 Application--fee.
13-50.080 Surety or cash bond.
13,50,190 Permit--Issuance not warranty.
13,50.100 Permits--Types of.
13.50.110 Permits--General contents.
13.50.120 Permit--Planting.
13.50.130. Permit--Spraying.
13,50.140 Permit--Maintenance.
13.50.150 Permits--Approval or denial.
13.50.160 Appeal.
13.50.170. Council action.
13.50.180 Defacing prohibited.
13-50.190 Certain materials prohibited.
13.50.200 Excavations.
13.50.010 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 ordinance usage.
(a) "City" shall mean the City of Huntington Beach.
(b) 'Director" shall mean the Director of Public Works or his appointed designee, charged with
enforcement of this chapter.
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(c) "Park, Tree and Landscape Division" shall mean that division of the department of public
works charged with the administration of this chapter.
(d) "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.
(e) "Person" shall mean any person, firm, partnership, association, corporation, company or
organization of any kind.
(f) "Public place" shall mean any place, including buildings, open to the public and owned,
managed or controlled by the City of Huntington Beach.
(g) "Standards" shall mean the Arboricultural and Landscape Specifications and Standards of
Practice adopted by resolution of the City Council, and by reference made a part hereof as
though set forth fully herein.
(h) 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.
13.50.020 Director--Duties and authority. The Director shall have the authority and is hereby
charged with the following duties:
(a) To enforce the Arboricultural and Landscape Specifications and Standards of Practice, ("the
Standards") as adopted by the City of Huntington Beach, a copy of which is on file in the
office of 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 formulate a Tree Management Plan. 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 Tree
Management Plan, and any amendments thereto, all tree planting shall conform to the Tree
Management Plan and the Standards and any regulation or rule promulgated by the Director
to implement the same.
(d) To issue or deny permits for maintenance of trees in public places and to place reasonable
conditions on the granting of permits in accordance with the provisions of this chapter and
the Tree Management Plan and the Standards.
(e) The Director shall have the authority to promulgate rules and regulations and to amend or
add to them, for the implementation of the Tree Management Plan and the Standards. When
recommending species of trees, the Director shall consider environmental factors, and all
existing and future utilities of an area or specific location.
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Ord. No. 3518
13.50.030 Director--Interference with. No person shall interfere with, oppose or obstruct the
Director or his agents or employees in the performance of his duties as provided in this chapter.
13.50.040 Permits required. No person shall plant, spray, or maintain any tree on any street,
parkway, or public place without first applying for and obtaining a permit from the City of
Huntington Beach to do so.
13.50.050. Applications. Applications for original and renewal permits and for any amendments to
any permit shall be filed with the Director and shall be signed by the applicant. Each application
shall be submitted on a form prescribed by the Director and shall set forth the following -
information:
(a) The true name, fictitious name, if any, home and business addresses and telephone numbers
of applicant, and if same be a corporation, names and addresses of principal officers, or if a
partnership, association or company doing business under a fictitious name, names of
partners or persons comprising the partnership, association or company, and address of each.
(b) Street number and exact location of place where applicant proposes to engage in the activity
for which the permit is requested (where applicable, the route proposed for the activity shall
be included).
(c) The nature of the activity in which applicant proposes to engage.
(d) Detailed information as to the method applicant proposes to employ in the proposed work or
activity for which the permit is requested.
(e) Brief description of the nature and number of pieces of equipment to be used in such
proposed work or activity, and where applicable, types of chemicals or commercial sprays to
be used. 1f a license of any kind is required for the work, a copy of the license must be
supplied.
(� Evidence of insurance and bond information (if applicable)in accordance with the City of
Huntington Beach standard insurance requirements.
(g) Length of time for which permit is desired.
(h) Any other information pertaining to the specific activity or work to be performed for which
a permit is requested which may be required by the Director.
(1) Proof of insurance in conformance with the City's standard insurance resolution.
13.50.060. Applications--generally. Applications for permits shall be filed with the Director no
less than ten (10) days prior to the time the work is to be commenced. The Director shall issue such
permits if applicant has complied with the provisions of this chapter, the City standard on insurance
requirements, and the work to be performed meets the requirements and conditions contained in the
Standards and the Tree Management Program.
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13.50.070 Application--fee. The City of Huntington Beach will not charge or collect a fee for
filing of any permit required in this Chapter.
13.50.080 Surety or cash bond. Prior to the issuance of any permit, the Director 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 a professional, workmanlike manner and to secure 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.
13.50.090 Permit--Issuance not warranty. The issuance of any permit under the provisions of this
chapter shall not be construed as a warranty by 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.
13.50.100 Permits--Types of. The following activities shall require issuance of a permit: planting,
spraying and maintenance.
13.50.110 Permits--General contents. Permits shall contain the address or a description of the
exact location where the work 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 conditions which may be attached to the
issuance of such permit by the Director and the date on which such permit shall expire.
Within five (5) days after the expiration date specified on any permit, unless application has been
made for a renewal or amendment of such permit, the Director shall be notified that the work has
been completed and ready for inspection.
13.50.120 Permit--Planting. No person shall plant, replant, relocate or remove any tree from any
street, parkway or public place without first complying with sections 13.50.050 through 13.50.070.
In addition to the information required by section 13.50.120 of this chapter, such permit shall set out
the specific number of trees to be planted and the specific work to be performed in connection
therewith.
13.50.130. Permit--Spraying. No person shall spray any tree on any street, parkway or public place
without first complying with sections 13.50.050 through 13.50.070. In addition to the information
required by section 13.50.120 of 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 confirm all state, municipal and federal laws.
13.50.140 Permit--Maintenance. No person shall fertilize, preserve or prune any tree on any street,
parkway or public place, without first complying with sections 13.50.050 through 13.50.070. In
addition to the information required by section 13.50.120 of this chapter, such permit shall state the
kinds and number of trees to be fertilized, pruned or otherwise preserved and maintained, and types
of materials and equipment, including irrigation systems, to be used in such work. Such permit
shall specify that the performance of all maintenance work shall comply with all the standards of
the City, and all federal and state laws applicable thereto.
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Ord. No. 3518
13.50.150 Permits--Approval or denial. The Director, after investigation of the application and the
proposed work to be performed, may grant or refuse to grant a permit. Refusal shall be based upon
a finding by the Director that the proposed work does not meet adopted City standards and
requirements including this ordinance, the Tree Management Plan, and the Arboricultural
Standards.
13,50.160 Appeal. Within ten(10) days after receipt of an application, the Director 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.
13.50.170. Council action. The decision of the Director is appealable to the City Council. Appeal
to the City Council from the Director must be made in writing within ten (10) days of the Director's
decision. At the first regular meeting following receipt of an appeal, the Council shall consider the
matter under the requirements contained in this chapter, the standards adopted by the City, and
pertinent information furnished by the Director and the Public Works Commission. The
determination of the City Council to sustain or overrule the decision of the Director shall be final.
13.50.180 Defacing prohibited. No person shall cut down,pull up, burn, destroy, or remove any
tree,plant or shrub in any street or public place. No person 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
extent or in such manner as to deface, injure, destroy or endanger the life of any such tree, plant or
shrub. No person 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.
13.50.190 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 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 tree superintendent to do so.
13.50.200 Excavations.
(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
form the Director to do so.
(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 Director, from such tree, to guard against any
building material, refuse, or other debris from damaging such tree.
13.50.210 Final Inspection. Upon notice from the permittee that the permitted work has been
completed, the Director or his designee shall inspect the work done. Should the completed work
fail to meet the standards set forth in this Chapter, the permittee shall have 15 days to correct the
work. A civil citation may be issued for failure to complete the work within the 15-day extension
period.
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Ord. NO. 3518
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular
meeting thereof held on the 19th day of November , 2001.
N 1
6/Mayor
ATTEST:
APPROVED AS TO FORM:
City Clerk jj..Z9-0 l0 I dLt,�
,,City Attorneys d2
REVIEWED AND APPROVED:
INIT APPROVE
City A61inistrator
Director of Public Works
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Ord. No. 3518
STATE OF CALIFORNIA }
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY,the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
a regular meeting thereof held on the 5th day of November, 2001, and was again read to
said City Council at a regular meeting thereof held on the 19th day of November,2001,
and was passed and adopted by the affirmative vote of at least a majority of all the
members of said City Council.
AYES: Green, Boardman, Cook, Julien Houchen, Garofalo, Dettloff, Bauer
NOES: None
ABSENT: None
ABSTAIN: None
I,Connie Brockway CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
ordinance has been published in the Independent on
2001
In accordance with the City Charter of said City City Clerk and ex-officio Clerk
Connie Brockway,City Clerk of the City Council of the City
.w/Deputy City Clerk of Huntington Beach, California
g1ordinanc/ordbkpg2001.doc