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1 ORDINANCE NO. MC-325
2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING CHAPTER
12.40 OF THE SAN BERNARDINO MUNICIPAL CODE PERTAINING TO STREET
3 TREES TO PROVIDE THAT THE PUBLIC SERVICES SUPERINTENDENT SHALL
ADMINISTER CERTAIN PROVISIONS OF THE CHAPTER RELATING TO
4 MAINTENANCE OF STREET TREES, AND PROVIDING FOR THE DECLARATION OF
A PUBLIC NUISANCE.
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THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
6 DO ORDAIN AS FOLLOWS:
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SECTION 1. Chapter 12.40 of the San Bernardino Municipal
8 Code is amended to read:
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"12.40.010 Definitions.
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A. 'Public Services Superintendent' as used in this chapter
11 includes any authorized representative of the Superintendent.
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B. 'Director of Parks, Recreation, and Community Services'
13 as used in this chapter includes any designated representative of
14 the Direc tor.
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12.40.020 Street tree master plan.
16 All streets, sidewalks, parkways, lanes, alleys, parks and
17 other public places in the City now open or dedicated, or which
18 may be hereafter opened or dedicated to public use, may be
19 planted with trees, palms, shrubs, bushes, plants and flowers as
20 specifically provided in the street tree master plan on file in
21 the Parks, Recreation and Community Services Department.
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12.40.030 Conformance with street tree master plan.
23 It is unlawful for anyone to plant trees, shrubs or bushes
24 upon the streets, sidewalks, parkways, lanes, alleys, parks and
25 other public places to which the master plan is applicable,
26 except in conformity with the master plan.
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12.40.040 Petition of property owners for change in variety
28 of trees.
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1 In the event a petition bearing the signatures of not less
Ithan seventy-five percent of the property owners owning property
Ifronting upon any City street, sidewalk, parkway, lane, alley,
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ipark or other public place which is one block long or more,
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irequests a change in the variety of trees used for planting in
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~the place referred to in the petition, the petition shall be
~granted by the Public Services Superintendent following
Iconsultation with the Parks, Recreation and Community Services
'1IDirector if the variety requested for replacement or new planting
II is known and established as a street tree and is not of a variety
II that may tend to break sidewalks or curbs or is not objectionable
]as a street tree for other reasons.
12.40.050 Removal of City tree - Duty of Public Services
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14 Superintendent.
15 Upon receipt of a request for the removal of a City tree or
16 for a change in the type of tree designated in the master plan,
17 the Public Services Superintendent shall investigate and respond
18 in writing to the request, with a copy to the council member of
19 the ward. The Superintendent's decision shall be final unless an
20 appeal to the Mayor and Common Council is filed with the City
21 Clerk within fifteen days from the date notice of the
22 Superintendent's decision is mailed. The Mayor and Common
23 Council shall review and consider the report or statements of the
24 Superintendent and other interested parties who may appear and
25 may affirm, reverse or modify the decision.
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12.40.060 Authorized removal of tree - Criteria.
27 The Public Services Superintendent is authorized to remove
28 or approve the removal of those trees which:
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A. Are diseased;
2 ~ B. Constitute a traffic hazard;
3 I C. Threaten to damage sidewalks, curbs or gutters;
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D. Are not in conformity with adopted specifications;
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E. Interfere with street widening;
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I H. Block proposed driveways or entrances to private
!property; or
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down, trim, take up, remove, prune or injure any trees, shrubs,
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Are located in a business district;
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Obstruct the moving of houses;
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Interfere with or damage sewers or water lines.
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12.40.070
Permit required for cutting, trimming, etc.
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It is unlawful for any person, persons or corporation to cut
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palms or flowers that are now planted or grown on any of the
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public streets, sidewalks, parkways, lanes, alleys, parks or
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other public places of the City, except after procuring a permit
17 from the office of the Public Services Superintendent. A permit
18 fee established by resolution of the Mayor and Common Council
19 shall be collected, except that no fee shall be paid for any work
20 required by any City department or performed pursuant to a
21 contract with the City.
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12.40.080 Application for permit.
23 Any person desiring to procure a permit as specified in
24 Section 12.40.070 shall apply in writing to the Public Services
25 Superintendent, who may require a good and sufficient bond in
26 such sum as may be fixed by the Superintendent, conditioned that
27 the applicant will pay the City all costs and damages resulting
28 from the removing, trimming, pruning of trees, shrubs or bushes,
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and the Superintendent may, in his discretion, require the
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'I furnishing of a bond or policy of insurance to cover any and all
claims for damages to persons or property resulting from the
II removal, pruning or trimming of trees, shrubs or bushes. The
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~ Superintendent may establish other conditions to the permit for
II protection of persons and property.
; 12.40.090 Compliance with permit.
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Upon the issuance of any permit, the applicant shall comply
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with each condition of the permit and shall, at least eighteen
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hours before commencing work, notify the Public Services
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Superintendent to cause a field inspection to be made.
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12.40.100 Cost of removal of trees.
13 In the event of a request for the removal of trees by the
14 Public Services Superintendent under the provisions of Section
15 12.40.060, sixty days' notice shall be given on all trees except
16 palms, and thirty days' notice shall be given in the case of palm
17 trees, except where the trees constitute a hazard. There shall
18 be paid to the City by the person requesting removal a sum to
19 compensate for the reasonable cost of the removal of the tree or
20 trees, together with a reasonable sum to box, remove, replant and
21 conserve the tree or trees so removed, if applicable. Such sums
22 shall be fixed by the Public Services Superintendent and shall be
23 paid prior to removal.
12.40.110 Prohibited acts.
25 No person shall carve or injure the bark of any tree, shrub,
26 palm or bush that is planted or grown on any of the public
27 streets, sidewalks, parkways, lanes, alleys, parks or other
28 public places in the City. No person shall attach any rope, wire
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or other contrivance to the tree, shrub, palm or plant; nor dig
in or otherwise disturb grass areas in public places, nor in any
other way injure or impair the natural beauty or usefulness of
any public area; nor cause or permit any wire charged with
electricity to come in contact with the tree, shrub, palm or
plant; nor allow any gaseous, liquid or solid substance which is
harmful to the tree, shrub, palm or plant to come in contact
therewith.
12.40.120 Height of plants.
A. It is unlawful for the owner or occupant of any corner
lot in the City to keep, permit, or maintain trees, hedges,
shrubs, or any growth for a distance of thirty feet, measured
horizontally from the point of intersection of the property lines
at street corners, whether between the curbline and the property
line or within the private lot or premises, unless the trees,
shrubs, hedges, or other growth are trimmed so that the height of
the same shall not exceed three feet above the level of the
street at the curb, except that trees with main stalks or trunks
exposed to a height of eight feet above the street level need not
be trimmed or cut unless the trees are determined to constitute a
traffic hazard by the Public Services Superintendent, whose
decision may be reviewed by the Traffic Safety Advisory Committee
of the City upon written request.
B. It is unlawful for any owner or occupant of any premises
in the City to permit, keep, or maintain hedges, shrubs, or any
growth over two feet in height within a distance of six feet from
the property line at any point adjacent to a driveway, except
that trees with main stalks or trunks exposed to a height of
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eight feet above the street level need not be trimmed or cut
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lunless the trees are determined to constitute a traffic hazard by
,Ithe Public Services Superintendent, whose decision may be
jreviewed by the Traffic Safety Advisory Committee upon written
II request.
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I! The owner or occupant described in Sections 12.40.110 and
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112.40.120 and other property owners fronting any street,
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II sidewalk, parkway, lane, alley, park or other public place shall
~water, keep, maintain and permit trees, hedges, shrubs or any
Ii other growth located thereon in accordance with this chapter and
I other ordinances of the City or rules and regulations of the
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12.40.130
Duty of property owner and abatement of
nuisance.
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Public Services Superintendent.
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Any tree, shrub or palm growing on any parkway or sidewalk
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which is damaged in violation of Section 12.40.110 or that growth
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of any tree, shrub or hedge or other vegetation which is in
17 excess of the height limits set forth in Section 12.40.120,
18 unless otherwise permitted by the Traffic Safety Advisory
19 Committee, is hereby declared a public nuisance, the removal of
20 which is necessary to protect the health and safety of the City's
21 inhabitants. The Public Services Superintendent may find and
22 declare the same to be a public nuisance, may order abatement
23 thereof in accordance with the procedure set forth in Chapter
24 8.30, and may assess costs for the abatement pursuant to Chapter
25 3.68 of this Code.
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12.40.140 Violation - Penalty.
27 Any person violating any of the provisions of this chapter
28 shall be guilty of an infraction and upon conviction thereof
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1 I shall be punishable by a fine not exceeding fifty dollars for a
2 first violation, a fine not exceeding one hundred dollars for a
3 second violation thereof within one year, or a fine not exceeding j
4 two hundred fifty dollars for a third violation thereof within
5 one year."
6 I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
8
Bernardino at a
regular
meeting thereof, held
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on the
day of
5th
December
, 1983, by the following
10 vote, to wit:
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AYES:
Council Members Castaneda, Reilly, Hernandez,
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Marks, Quiel, Frazier, Strickler
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NAYS:
None
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ABSENT:
None
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A~(/lJ,fk'~0
/City C erk
The foregoing ordinance is hereby approved th'
6t1i-
day
of
December
, 1983.
Approved as to form:
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Ci ty Attorney
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