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ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.34 REQUIRING A PERMIT FOR REMOVAL OF MORE THAN FIVE (5) TREES,
AND DECLARING THE URGENCY THEREOF.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 15.34 is added to the San Bernardino
Municipal Code as follows:
"Chapter 15.34
Removal or Destruction of Trees
15.34.010 Findings.
Public safety and welfare and the protection of the
environment requires that certain regulations be adopted
pertaining to the removal of trees within the City of San
Bernardino.
15.34.020 Permit Required.
It is unlawful for any person, firm, corporation,
partnership or association, either as owner, agent or otherwise,
to cut, uproot, destroy and/or remove more than five (5) trees
from a development site or parcel of property without first being
issued a permit from the Building and Safety Department of the
City of San Bernardino.
15.34.030 Exceptions.
A permit shall not be required when a lawful order to
remove the trees for Health and Safety purposes has been issued
by a local or state government agency.
15.34.040 Application Procedure.
A. The owner of the property or his agent shall file a
written application with the Building Official prior to the
PZ/dys
October 31, 1989
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destruction or removal of the trees. The Building Official shall
cause an inspection to be made of the property within ten (10)
working days to determine whether the trees can be removed. If
it is determined that the trees can be removed without detriment
to the environment and welfare of the community, then the
Building Official shall issue the permit.
Such permit may be
issued subject to reasonable conditions imposed by the Building
Official.
B. When an inspection discloses that the removal of trees
would be detrimental to the environment and harmful to the safety
and welfare of the community, the Building Official shall deny
the issuance of a permit.
C. Any person aggrieved by the denial of a permit by the
Building Official may appeal the decision to the Mayor and Common
Council in accordance w~th the provisions of Chapter 2.64 of this
code.
15.34.050 Inspection Fee.
Each application for a permit shall be accompanied by an
inspection fee which shall be established by resolution of the
Mayor and Common Council.
15.34.060 Violation.
Any person who violates or causes violation of any
provision of this chapter shall be deemed guilty of an infraction
or misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of the San
Bernardino Municipal Code.
Any person who violates or causes violation of any
PZ/dys
October 31, 1989
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provision of this chapter, in addition to the above fine, shall
pay restitution to the City of San Bernardino for unlawful
destruction or removal of the trees in an amount not to exceed
the replacement value of the trees."
SECTION 2. Urgency.
This is an urgency ordinance which will become effective
immediately upon its adoption.
The reason for the urgency is
that recent actions have occurred to destroy and remove
established trees in the City contrary to City directions. No
penal provisions exist to remedy these types of occurrences.
Established trees help to soften the harshness or urban living,
provide shade from the summer heat and beautify the surroundings
for our citizens.
Without this ordinance other trees may be
destroyed or removed and it only takes a few seconds to destroy
what has taken nature many years to develop. This ordinance will
further protect the health, safety and welfare of the citizens of
San Bernardino.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
PZ/dys
October 31, 1989
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ORDINANCE...ADDING CHAPTER 15.34 REQUIRING A PERMIT FOR REMOVAL
OF MORE THAN FIVE (5) TREES, AND DECLARING THE URGENCY THEREOF.
The foregoing ordinance is hereby approved this .
day
of
, 1989.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By: L ?--f~
o .
PZ/dys
October 31, 1989
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,..)
ORDINANCE NO.
ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING CHAPTER
15.34 REQUIRING A PERMIT FOR REMOVAL OF MORE THAN FIVE (5) TREES.
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO
DO ORDAIN AS FOLLOWS:
SECTION 1.
Chapter 15.34 is added to the San Bernardino
Municipal Code as follows:
"Chapter 15.34
Removal or Destruction of Trees
15.34.010 Findings.
Public safety and welfare and the protection of the
environment requires that certain regulations be adopted
pertaining to the removal of trees within the City of San
Bernardino.
15.34.020 Permit Required.
It is unlawful for any person, firm, corporation,
partnership or association, either as owner, agent or otherwise,
to cut, uproot, destroy and/or remove more than five (5) trees
from a development site or parcel of property without first being
issued a permit from the Building and Safety Department of the
City of San Bernardino.
15.34.030 Exceptions.
A permit shall not be required when a lawful order to
remove the trees for Health and Safety purposes has been issued
by a local or state government agency.
15.34.040 Application Procedure.
A. The owner of the property or his agent shall file a
written application with the Building Official prior to the
destruction or removal of the trees. The Building Offic~al shall
PZ/dys
October 31, 1989
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cause an inspection to. be made of the property within ten (10)
working days to determine whether the trees can be removed. If
it is determined that the trees can be removed without detriment
to the environment and welfare of the community, then the
Building Official shall issue the permit.
Such permit may be
issued subject to reasonable conditions imposed by the Building
Official.
B. When an inspection discloses that the removal of trees
would be detrimental to the environment and harmful to the safety
and welfare of the community, the Building Official shall deny
the issuance of a permit.
C. Any person aggrieved by the denial of a permit by the
Building Official may appeal the decision to the Mayor and Common
Council in accordance with the provisions of Chapter 2.64 of this
code.
15.34.050 Inspection Fee.
Each application for a permit shall be accompanied by an
inspection fee which shall be established by resolution of the
Mayor and Common Council.
15.34.060 Violation.
Any person who violates or causes violation of any
provision of this chapter shall be deemed guilty of an infraction
or misdemeanor, which upon conviction thereof is punishable in
accordance with the provisions of Section 1.12.010 of the San
Bernardino Municipal Code.
Any person who violates or causes violation of any
provision of this chapter, in addition to the above fine, shall
PZ/dys
October 31, 1989
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ORDINANCE...ADDING CHAPTER 15.34 REQUIRING A PERMIT FOR REMOVAL
OF MORE THAN FIVE (5) TREES.
pay restitution to the City of San Bernardino for unlawful
destruction or removal of the trees in an amount not to exceed
the replacement value of the trees."
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a meeting thereof, held on the
day of , 1989, by the following vote, to wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
of
, 1989.
w. R. Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
BY'}~ J p~
PZ/dys
October 31, 1989
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