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ORDINANCE NO. 2263
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
REDDING AMENDING PORTIONS OF REDDING MUNICIPAL
CODE CHAPTER 13.40 (TREES AND SHRUBS) OF TITLE 13
(TREES AND SIDEWALKS).
THE CITY COUNCIL OF THE CITY OF REDDING DOES ORDAIN AS FOLLOWS:
Section 1. Sections 13.40.040, 13.40.050, 13.40.060, 13,40.070, 13.40.080,
13.40.100 and 13.40.120 of the Redding Municipal Code are amended to read as follows
(the remainder of Chapter 13.40 remains in effect):
13.40.040 Maintenance and removal on public areas.
A. The Parks Foreman is authorized and directed to plant,inspect and maintain trees
in planting strips and public areas, and remove such trees when they institute a
hazard or impediment to public travel
B. Before removing any such tree, the Parks Foreman shall give the adjoining
property owner at least ten days' advance written notice thereof and of the
property owner's right to file an objection to the removal with the Commission,
whose decision thereon shall be final.
C. Before removing any such tree,the Parks Foreman shall obtain the concurrence of
the Director of Community Services or his designee.
D. No such notice or concurrence shall be required in the case of manifest public
hazard and immediate necessity.
13.40.050 Property owner—Maintenance.
A. Notwithstanding Section 13.40.040, the Parks Foreman may permit a property
owner to maintain trees in the parking strip adjoining his property,provided that
the type of tree planted therein is one of the trees listed in the Comprehensive Tree
Plan.
B. All trimming and other maintenance work upon such trees shall be done by a
licensed tree trimmer as provided in Section 13.40.070 A. or by the owner under
the general supervision of the Parks Foreman and in accordance with the rules
established by the Comprehensive Tree Plan.
13.40.060 Property owner—Removal.
A. Notwithstanding Section 13.40.040,the Parks Foreman, with concurrence of the
Community Services Director,may permit a property owner to remove trees from
the planting strip adjoining his property.
B. If the Parks Foreman finds that the tree is in a healthy and safe condition and is of
a type on the approved list as established pursuant to Section 13.40.050, and
permission is granted solely for the owner's convenience, the owner shall be
responsible for the following:
1. Bearing the sole cost of the removal;
2. Bearing the sole cost of replacing the removed tree with a tree conforming
to the plan,if the plan provides for such a tree in the planting strip adjoining
his property, but in no event to exceed the sum of four hundred dollars.
C. All such work shall be done by a person who can comply with the requirements of
Section 13.40.070 B., or by the Parks Foreman, in accordance with the
Comprehensive Tree Plan.
13.40.070 License—Insurance—Bond.
A. Any person engaged in maintaining or removing trees within the City, as defined
in Section 13.40.010, shall be required to satisfactorily pass an examination
prepared and administered by the Parks Foreman prior to the issuance of a business
license to such person.The examination shall test the knowledge,experience and
proficiency of the person in tree maintenance and removal.
B. Any person engaged in the business of removing trees shall carry public liability
and property damage insurance in an amount to be determined by the Risk
Manager for the City and evidence thereof filed with the City Clerk.The City may
require the posting of a performance bond in an amount equal to the cost of the
proposed removal,guaranteeing completion of the removal in accordance with the
rules established by the Parks Foreman and/or the Comprehensive Tree Plan..
13.40.080 Nuisance on private property.
A. Whenever any tree adjacent to or overhanging any street or public area is in such
condition as to constitute a hazard or impediment to public travel, it shall be
declared a public nuisance.
B. If the owner of the private property on which the tree is located does not correct
or remove the nuisance within ten days after receipt of written notice thereof from
the Parks Foreman,the Parks Foreman shall cause the nuisance to be corrected or
removed and the cost thereof shall be assessed to the owner.
C. The procedure to be followed in assessing the cost shall be the procedure set forth
in Article 2,Chapter 13,Part 2,Division 3,Title 4,of the Government Code of the
state, relating to weed and rubbish abatement.
13.40.100 Appeal.
A. Any person aggrieved by the action or proposed action of the Parks Foreman
acting under this chapter may appeal the decision to the Community Services
Advisory Commission. Should the requesting party wish,a second appeal may be
made to the City Council,whose decision shall be final.
B. Such person shall file a notice of appeal, in writing, with the City Clerk within
seven days after the action or proposed action of the Parks Foreman or of the
Commission.
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13.40.120 Coordination of City departments.
A. In order to provide for coordinating the multiple use of all street improvements,
plans and specifications for street planting proposed by the Parks Foreman shall
be submitted to the Public Works Director and Director of Development Services
for their recommendations,and such recommendations shall be made within thirty
days after receipt of the plans and specifications.
B. To facilitate the planting and maintenance of trees in planting strips and public
areas, the Director of Development Services shall advise the Parks Foreman of
proposed subdivisions, use permits and variances pending before the Planning
Commission, and the Parks Foreman shall make his recommendations, pursuant
to the purposes of this chapter, before final action is taken by the Planning
Commission.
Section 2. The passage of this ordinance is not a "project" according to the
definition in the California Environmental Quality Act,and therefore is not subject to the
provisions requiring environmental review.
Section 3. This ordinance shall take effect 30 days after the date of its adoption,
and the City Clerk shall certify to the adoption of this ordinance and cause its publication
according to law.
I HEREBY CERTIFY that this ordinance was introduced and read at a regular meeting of
the City Council on the 7th day of December, 1999; and was read and adopted at a regular meeting
of the City Council on the 4th day of January , 2000, by the following vote:
AYES: COUNCIL MEMBERS: Cibula, Kight, McGeorge, Pohlmeyer and Anderson
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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OBERT C. ANDERSON, Mayor
Attest: Form Approved:
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Connie Strohmoyer, City/_
W. Leonard Wingate, 1'ty Attorney
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