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5744ORDINANCE NO. 5744 AN ORDINANCE OF THE CITY OF ANAHEIM AMENDING VARIOUS SECTIONS OF CHAPTER 13.12 OF TITLE 13 OF THE ANAHEIM MUNICIPAL CODE RELATING TO STREET TREES THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1. That Section 13.12.010 of Chapter 13.12 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "13.12.010 SUPERVISION OF DIRECTOR OF COMMUNITY SERVICES. The Community Services Department under the direction of its Director shall have exclusive authority to inspect, maintain, plant, remove, prune, root prune or otherwise alter street trees." SECTION 2. That Section 13.12.020 of Chapter 13.12 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "13.12.020 SURVEY OF WORK TO BE DONE. The Director of the Community Services Department or his or her designee shall cause surveys to be made from time to time, to determine which trees are to be retained or removed in order to conform to the tree planning and maintenance program." SECTION 3. That Section 13.12.030 of Chapter 13.12 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "13.12.030 OFFICIAL TREE SPECIE LIST. The City Council shall, by resolution, adopt an Official Tree Specie List designating the specific species of trees which may be planted on any street. The Community Services Department shall periodically review this list and recommend changes thereon as may be necessary." SECTION 4. That Section 13.12.050 of Chapter 13.12 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "13.12.050 STREET TREE MAINTENANCE. The property owner shall not permit any vine growth on a street tree. The Department will perform all other maintenance of street trees deemed necessary by the Director of Community Services or his or her designee. The Department shall water and maintain all street trees located in tree wells located in the City's rights-of-way." SECTION 5. That Section 13.12.060 of Chapter 13.12 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "13.12.060 STREET TREE REPLACEMENT PLAN. Any street tree removed shall be replaced if a replacement is deemed possible. The replacement specie shall be selected in accordance with the Official Tree Specie List and Tree Master Plan. In addition to replacing all removed street trees whenever possible, it is the responsibility of the Director of Community Services to insure all vacant street tree locations are planted within the City of Anaheim. These vacancies are to be planted in accordance with the Official Tree Specie List and Tree Master Plan. " 2 SECTION 6. That Section 13.12.070 of Chapter 13.12 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "13.12.070 STREET TREES IN NEW DEVELOPMENTS. In any new private development where there is a parkway between the sidewalk and curb, the developer shall plant street trees as stated in Section 18.04.080.020 of the Anaheim Municipal Code." SECTION 7. That Section 13.12.080 of Chapter 13.12 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: "13.12.080 INTERFERENCE WITH STREET TREES — PERMISSION REQUIRED. .010 No person shall top or in any other manner injure or damage any street tree. For purposes of this section, the term "top" shall mean to damage a tree by the practice of severely cutting back large diameter branches and/or the trunk of a tree which results in substantially reducing the overall size of the tree and/or destroying the symmetrical appearance or structural shape of the tree. .020 No person shall cut, trim, prune, plant, remove, spray, or in any other manner interfere with any street tree within the City of Anaheim without first having secured written permission from the Director of Community Services or his or her designee. .030 Any person obtaining written permission to cut, trim or prune a street tree shall do so in accordance with the standards adopted by the International Society of Arboriculture. Any private business performing cutting, trimming or pruning operations on street trees shall employ an ISA certified arborist on staff and shall perform all work on street trees in accordance with the standards 3 adopted by the International Society of Arboriculture. .040 Any person violating the provisions of this Section which violation results in the need to remove and replace a street tree, shall be required to remove, including the rootball, and replace such tree in accordance with the City of Anaheim Planting Specifications. Such removal and replacement shall be completed within thirty (30) days from the date of written notice detailing the required action is given to such person by the Director of Community Services or his or her designee. The size and species of the replacement tree shall be determined by the Director of Community Services or his or her designee. If any person fails to remove and replace a street tree as provided in this Section, the City shall remove and replace such tree, and the actual cost to the City to remove and replace such tree shall constitute a debt owed by such person to the City, and such person shall be liable to the City in an action brought by the City for the recovery of such amounts." SECTION 8. That Section 13.12.090 of Chapter 13.12 of Title 13 of the Anaheim Municipal Code be, and the same is hereby, amended to read as follows: 1113.12.090 WORK ON STREET TREES BY DEPARTMENT OF COMMUNITY SERVICES — COSTS WHEN WORK REQUESTED. Any person, firm or corporation requesting the Department of Community Services to cut, trim, prune, remove, replace, spray or otherwise change or alter the position, shape or location of any street tree for the convenience of said person shall bear the total cost thereof." SECTION 9. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. n SECTION 10. SAVINGS CLAUSE Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 12" day of December,2000. MAYOR OF THE CITY 0 ANAHEIM ATTEST: �� CITY CLE1kTK OF THE CITY OF ANAHEIM 33960.2 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, SHERYLL SCHROEDER, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 5744 was introduced at a regular meeting of the City Council of the City of Anaheim, held on the 5th day of December, 2000, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 12th day of December, 2000, by the following vote of the members thereof: AYES: MAYOR/COUNCIL MEMBERS NOES: MAYOR/COUNCIL MEMBERS: ABSENT: MAYOR/COUNCIL MEMBERS: (SEAL) Feldhaus, Kring, Tait, McCracken, Daly None None ON cmWel I W&9120u