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