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HomeMy WebLinkAbout20s ,• err � , J v,�1 ORDINANCE NO. 20 AN ORDINANCE TO REGULATE THE PLANTING, MAINTENANCE, AND REMOVAL OF TREES AND SHRUBS GROWING NOW OR HEREAFTER IN THE STREETS, PARKS, AND PUBLIC PLACES IN THE TOWN OF LOS ALTOS HILLS, AND TO PREVENT AND TO PROVIDE FOR THE CORRECTION OF CERTAIN HAZARDOUS CONDITIONS, AND TO PROVIDE FOR DESTRUCTION OF WEEDS AND OBNOXIOUS PLANTS. THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS DOES ORDAIN AS FOLLOWS: SECTION 1. The Town of Los Altos Hills shall have control of all street trees, shrubs, plants and flowers now or hereafter growing In any street, park or public place within the City Limits and shall have the authority to plant, care for, and maintain such trees, shrubs, plants, and flowers. No person shall plant, trim, remove or inter- fere with such street trees, shrubs, plants or flowers in any street, park or public place without a permit therefor from the City Council or such officer as they may delegate. SECTION 2. Definitions (a) "Person" as used herein shall mean individuals, firms, associations and corporations, and agents, employees or representa- tives thereof. (b) "City" as used herein shall mean the Town of Los Altos Hills acting by and through its authorized representatives. (c) "Street" as used herein shall include all land lying between the boundaries of property abutting on all public streets, boulevards, alleys and walks. (d) "Parks" as used herein shall include any park designated as such by resolution of the City Council of the Town of Los Altos Hills and in actual existence or to be created. (e) "Public Places" as used herein shall include 8.11 grounds, other than streets or parks, owned by or leased to and under the control of the Town of Los Altos Hills. (f) "Street tree" as used herein shall include any woody perennial plant having a single main axis or stem commonly achieving ten (10) feet in height and capable of shaping and pruning to develop a branch -free trunk at least nine (9) feet in height. (g) "Shrub" as used herein shall include any woody perennial plant, normally low, several -stemmed, adaptable to shaping, trim- ming, and pruning without injury, within the area planted. (h) "Hedge" as used herein shall include any plant material, shrub or plant, Then planted in a dense, continuous line m area, as to form a thicket or barrier. (i) "Plant" as used herein shall include all other plant material, non -woody, annual, or perennial in nature, not necessarily hardy. (j) "Street trees, shrubs, or plants" as used herein shall include any tree, shrub, or plant in any street, park or public place in the Town of Los Altos Hills. At 6 V 4J (k) "Weeds" as used herein shall be construed to include any form of vegetation not a. cultivated garden tract or lawn and growing to a height of six (6) inches or more; also any form of obnoxious or harmful or dangerous plant life. SECTION 3. UNIESS. AUTHORIZED BY PERMIT, no person shall: (a) Plant, remove, top, or in may way injure or mutilate any street tree. (b) Fasten any sign, wire, or injurious material to any street tree. (c) Excavate any ditch m tunnel, or place concrete or other pavement within a distance of ten (10) feet of the center of the trunk of any street tree. SECTION 4. P=TITS (a) Application: Any person desiring to do any of the work described in Section 3 hereof may apply for a permit so to do. The applicant shall state the nature of the work and the location where it will be done. (b) Issuance: A permit shall be issued authorizing so much of the work as: (1) Will not create, continue, or aggravate any hazardous condition, or public nuisance; (2) Will not prevent or interfere with the growth, location or planting of approved street trees; City. (3) Is consistent with the planting plan being followed by the SECTION 5. PUBLIC NUISANCES: The following are, for the purposes hereof, defined to be public nuisances: (a) Any dead, diseased, infested, or dying tree in any street; or on any private property so near to any street tree as to consti- tute a danger to street trees, or streets, or portions thereof. (b) Any tree or shrub on any private property or in any street, Of a type or species apt to destroN ;mpair or otherwise interfere with any street improvements, sidewalks, curbs, approved street trees, gutters, sewers, other public improvements,including utility mains or services. (c) Within the thirty (30) foot triangle of private property at the intersection on any streets improved for vehicular traffic, any tree limb, shrub gr plant regehing a height more than three feet above the street center adjacent thereto, except tree trunks having no limbs lower than nine (9) `set above street center. (d) Vines or climbing plants growing into or over any street tree; or any public hydrant, pole or electrolier. (e) Existence of any tree within the City Limits that is in- fested, infected or in danger of becoming infested or infected with objectionable insects, scale, fungus or growth injurious to trees. - 2 - (f) The existence of any branches or foliage which interfere with visibility of, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel. (g) Hedges or dense thorny shrubs and plants on any street or part thereof. (h) Shrubs and plants more than two (2) feet in height in any street measured above top of street center. (1) Any weed or dangerous or obnoxious plant. SECTION 6. ABATEMENT OF PUBLIC NUISANCES: When any public nuisance as defined herein exists, a notice may be sent by ordinary United States mail to the owner or tenant in- volved.. Such notice shall describe the condition, state the work necessary to remedy the condition, and shall specify the time within which the work must be performed. If, at the end of the time speci- fied, such work has not been performed, the City may perform such work, and the cost thereof shall constitute a charge against such owner or tenant, and such charges shall be a lien on such property. SECTION 7. DP24AGES: Damages to any street tree, caused by any act or omission by any person, whenever such act or omission is prohibited by or not authorized pursuant to this ordinance, shall be charged to such person or persons. SECTION B. INTERFERENCES: No person shall interfere with or delay the authorized repre- sentatives of the City from the execution and enforcement of this Ordinance, except as provided by law. SECTION 9. REGULATIONS: The City may adopt regulations prescribing standards of land- scaping and planting of streets, parks and public places, therein. A copy of such regulations shall be available for public inspection upon request, and all work performed in streets, perks, or public places shall be performed in accordance therewith. The above and foregoing Ordinance was duly and regularly intro- duced at a regular meeting of the City Council of the Town of Los Altos Hills on the 15th day of October , 1956, and was thereafter regularly passed by the following vote: AYES: Councilmen Bledsoe, Dungan, Fowle, Rothwell, Mayor Treat NOES: None ABSENT: None ayor ATTEST: Jm CERTIFIED City Clerk True py - 3 - Cl1lr Clerk