HomeMy WebLinkAboutMC-682
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ORDINANCE NO. MC-682
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.34 REQUIRING A PERMIT FOR REMOVAL OF MORE THAN FIVE (5) TREES,
3 AND DECLARING THE URGENCY THEREOF.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
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SECTION 1.
Chapter 15.34 is added to the San Bernardino
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Municipal Code as follows:
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"Chapter 15.34
Removal or Destruction of Trees
9 15.34.010 Findings.
Public safety and welfare and the protection of the
11 environment requires that certain regulations be adopted
12 pertaining to the removal of trees wi thin the City of San
13 Bernardino.
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14 15.34.020 Permit Required.
It is unlawful for any person, firm, corporation,
16 partnership or association, either as owner, agent or otherwise,
17 to cut down, uproot, destroy and/or remove more than five (5)
18 trees within any thirty-six (36) month period from a development
19 site or parcel of property without first being issued a permit
20 from the Planning Department of the City of San Bernardino.
21 15.34.030 Exceptions.
22 A permit shall not be required when a lawful order to
23 remove the trees for Health and Safety purposes has been issued
24 by a local, state or federal government agency, nor shall a
25 permit be required if a removal is to be accomplished by, or
26 under the auspices of a governmental entity or employee( s)
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thereof.
Commercial tree farms are also excepted from this
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1 chapter.
2 15.34.040 Application Procedure.
3 A. The owner of the property or his agent shall file a
4 written application with the Planning Official prior to the
5 destruction or removal of the trees. The Planning Official shall
6 cause an inspection to be made of the property within ten (10)
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working days to determine whether the trees can be removed.
If
8 it is determined that the trees can be removed without detriment
9 to the environment and welfare of the community, then the
Planning Official shall issue the permit.
Such permit may be
11 issued subject to reasonable conditions imposed by the Planning
12 Official.
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B.
When an inspection discloses that the removal of trees
14 would be detrimental to the environment and harmful to the safety
15 and welfare of the community, the Planning Official shall deny
16 the issuance of a permit.
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C.
Any person aggrieved by the denial of a permit by the
18 Planning Official may appeal the decision to the Mayor and Common
19 Council in accordance with the provisions of Chapter 2.64 of this
20 code.
21 15.34.050 Inspection Fee.
22 Each application for a permit shall be accompanied by an
23 inspection fee which shall be established by resolution of the
24 Mayor and Common Council.
25 15.34.060 Violation.
26 Any person who violates or causes violation of any
27 provision of this chapter shall be deemed guilty of an infraction
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1 or misdemeanor, which upon conviction thereof is punishable in
2 accordance with the provisions of Section 1.12.010 of the San
3 Bernardino Municipal Code.
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Any person who violates or causes violation of any
5 provision of this chapter, in addition to the above fine, shall
6 pay restitution to the City of San Bernardino for unlawful
7 destruction or removal of the trees in an amount not to exceed
8 the replacement value of the trees."
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SECTION 2. Urgency.
This is an urgency ordinance which will become effective
immediately upon its adoption and
remain in effect for ninety
(90) days thereafter.
The reason for the urgency is that recent
13 actions have occurred to destroy and remove established trees in
14 the City contrary to City directions. No penal provisions exist
15 to remedy these types of occurrences. Established trees help to
16 soften the harshness or urban living, provide shade from the
17 summer heat and beautify the surroundings for our citizens.
18 Without this ordinance other trees may be destroyed or removed
19 and it only takes a few seconds to destroy what has taken nature
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many years to develop.
This ordinance will further protect the
21 health, safety and welfare of the citizens of San Bernardino.
22 I HEREBY CERTIFY that the foregoing ordinance was duly
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23 adopted by the Mayor and Common Council of the City of San
Bernardino at a regular
meeting thereof, held on the 6th
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1 ORDINANCE.. .ADDING CHAPTER 15.34 REQUIRING A PERMIT FOR REMOVAL
OF MORE THAN FIVE (5) TREES, AND DECLARING THE URGENCY THEREOF.
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day of November , 1989, by the following vote, to wit:
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AYES:
Council Members Estrada, Reilly, Flores,
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Maudsley, Minor, Pope-Ludlam, Miller
NAYS:
None
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ABSENT:
None
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~/74/.~oV/
City Clerk
The foregoing ordinance is herehy approved this ~~ day
of ~~..#Jhfv
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, 1989.
16 Approved as to form
and legal content:
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JAMES F. PENMAN,
City Attorney
BY',r lL
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