ORDI NANCE NO. 2922
AN ORDI NANCE OF THE CI TY COUNCI L OF THE CI TY OF GARDEN GROVE AMENDI NG CHAPTER 11.32 OF TI TLE 11 OF THE GARDEN GROVE MUNI C I PAL CODE
PERTAI NI NG TO TREES ON PUBLI C PLACES
Cit y At t or n ey Su m m ar y
Th is Or d in an ce am en d s Ch ap t er 1 1 .3 2 ( Tr ees) of Tit le 1 1 ( Pu b lic Pr op er t y ) of t h e Gar d en Gr ov e Mu n icip al Cod e t o h elp p r eser v e, p r ot ect an d p r om ot e t h e h ealt h , saf et y an d g en er al w elf ar e of t h e p u b li c b y p r ov id in g f or t h e r eg u lat ion of t r ees locat e d on p u b lic p laces.
THE CI TY COUNCI L OF THE CI TY OF GA RDEN GROVE DOES HEREBY ORDAI N AS FOLLOWS:
SECTI ON 1: Chapter 11.32 (Trees) of Title 11 (Publ ic Property) of the Garden Grove Municipal Code is hereby am ended in its entirety as stated in the revised Chapter 11.32 attached hereto and incorpor ated herein by reference.
SECTI ON 2: I f any section, subsection, subdivision , sentence, clause, phrase, word, or portion of this Ordinance is, for any re ason, held to be invalid or unconstitutional by the decision of any court of com petent jurisdict ion, such decision shall not affect the validity of the rem aining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or por tion thereof, irrespective of the fact that any one or m ore sections, subsections, su bdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
SECTI ON 3: The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the sam e , or the sum m ary thereof, to be published and posted pursuant to the provis ions of law and this Ordinance shall take effect thirty (30) days after adoption.
The foregoing Ordinance was passed by th e City Council of the City of Garden Grove on the 25th day of May 2021.
/ s/ STEVE JONES
MAYOR
ATTEST:
/ s/ TERESA POMEROY, CMC ____
CI TY CLERK
Garden Grove City Council
Ordinance No. 2922
STATE OF CALI FORNI A )
COUNTY OF ORANGE ) SS:
CI TY OF GARDEN GROVE )
I , TERESA POMEROY, City Clerk of the Ci ty of Garden Grove, do hereby certify that the foregoing Ordinance was introduced for fir st reading and passed to second reading on May 11, 2021, with a vote as follows:
AYES: COUNCI L MEMBERS: (7) BRI ETI GA M, O’NEI LL, NGUYEN D., BUI , KLOPFENSTEI N, NGUYEN K., JONES
NOES: COUNCI L MEMBERS: (0) NONE
ABSENT: COUNCI L MEMBERS: (0) NONE
and was passed on May 25, 2021 , by the following vote:
AYES: COUNCI L MEMBERS: (6) BRI E TI GAM, O’NEI LL, NGUYEN D., KLOPFENSTEI N, NGUYEN K., JONES
NOES: COUNCI L MEMBERS: (0) NONE
ABSENT: COUNCI L MEMBERS: (1) BUI
/ s/ TERESA POMEROY, CMC
CI TY CLERK
Garden Grove City Council
Ordinance No. 2922
CHAPTER 11.32 (TREES) OF TI TLE 11 (PUBLI C PROPERTY) OF THE
GARDEN GROVE MUNI CI PAL CODE ATTACHED ON FOLLOWI NG PAGES
Garden Grove City Council
Ordinance No. 2922
Ch ap t er 1 1 .3 2 TREES
1 1 .3 2 .0 1 0 Pu r p ose an d I n t en t
A. I t is the purpose of this chapter to preserve, protect and prom ote the health, safety and general welfare of the public by providi ng for the regulation of trees located on thoroughfares, parks and public areas owned or controlled by the City. These regulations al so apply to new developm ents and alterations to previous developm ents on private pro perty.
B. I t is the intent of this chapter to:
1. Preserve, m aintain, and care for trees on public property.
2. Regulate the planting, m aintenance and rem oval o f trees.
3. Establish tree planting standards to ensure that newly planted trees thrive.
4. Protect the com m unity from personal injury and p roperty dam age caused or threatened by im proper planting, pruning, m aintenance or rem oval of trees.
5. Em phasize the im portance of trees and vegetation as both visual and physical buffers.
6. I m prove air quality by reducing air pollution an d carbon dioxide levels in the atm osphere.
7. Reduce the effects of heat, noise, and glare fro m traffic and lights.
8. Provide and preserve shade and tree canopy to reduce am bient tem peratures and heat island effects.
9. Prevent soil erosion.
1 1 .3 2 .0 2 0 Def in it io n s
Words and phrases used in this chapter that are not specifically defined in this section shall be interpreted so as to give them the m eaning they have in com m on usage and to give this chapter its m ost reasonable application. The following words, term s and phrases, when used in this chapter , shall have the m eanings ascribed to them in this section, exc ept where the context clearly indicates a different m eaning:
Garden Grove City Council
Ordinance No. 2922
“Adjacent property owners” m eans the owners of property directly adjacent to the parcel on which the subject tree is located. I f th e tree is located on City-owned property or right-of-way owned in fee, the “adjacent property owners” include the owners of propert(ies) within ten (10) feet of the tree and the parcels adjacent thereto.
“Arborist” an individual who is a specialis t in the care and m aintenance of trees and is certified by the I nternational Society of Arbori culture (I SA) or is a registered consulting arborist ce rtified by the Am erican Society of Consulting Arbor ists (ASCA) in good standing.
“City Manager” m eans the City Manager of the City o r his/ her designee.
“Park” includes all existing public park s and those to be developed in the future.
“Park Tree” includes all trees, shrubs and other wo ody vegetation growing in existing public parks and those to be developed in the future.
“Public places” includes all other areas own ed by the City or to which the public has free access.
“Public thoroughfare” includes all land lying between property lines on either side of all City streets, alleys, and boulevards.
“Root protection zone” m eans, generally, 18 inches (18”) to 24 inches (24”) deep and a distance from the trunk of a tree equal to one-half its height or its drip line, whichever is greater.
1 1 .3 2 .0 2 0 Cit y Ju r isd ict io n an d Au t h o r it y
A. The City Manager shall have the juri sdiction, authority, control, supervision and direction over all trees planted or growing in the City, except where exem pted in this chapter.
B. The City Manager shall prepare and pu blish guidelines and specifications for tree planting, tree species selection, care, m ainte nance, rem oval and landscape design in a docum ent enti tled "Tree Ordinance Guidelines" for reference and use by property owners, developers, c onsultants and the general public in furtherance of the requ irem ents and intent of this chapter.
The Tree Ordinance Guidelines shall be reviewed periodically by the Planning Com m ission.
C. The City Manager shall review all applications f or perm its for any planting, rem oval and/ or trim m ing or cutting of trees subject to this chapter and shall have the authority to grant or deny perm its and to attach reasonable conditions to the granting of a perm it.
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Ordinance No. 2922
1 1 .3 2 .0 3 0 Nu isan ce Ab at em en t
A A tree, shrub, or part thereof shall be declared a nuisance, if one or m ore of the following conditions are m et:
1. I nterferes with the use of any public thoroughfa re, park or public place.
2. I s unsafe and constitutes a hazard to the life, health, safety, or property of the public.
3. Constitutes a center of infection for disease or insects that m ay endanger the health and life of other trees or shru bs.
B. I n the event of a nuisance, the ow ner shall be notified in writing of the existence of such public nuisance and given reasona ble tim e for its correction or rem oval. I f not corrected or rem ove d within the tim e allowed, the City Manager shall cause said nuisance to be corrected o r rem oved, and initiate such procedures or court action as necessary to def ray all cost resulting therefrom .
1 1 .3 2 .0 4 0 Pr ot ect io n f or Tr ees on Pu b lic Pr op er t y
A. No person shall spray, fertilize, re m ove, destroy, cut, top, or otherwise severely prune, including the root system , or treat any tree or shrub having all or any portion of its trunk in or upon any public property without first obtaining a written perm it from the City , and without com plying strictly with the provisions of the perm it, this chapter, and the “Tree Ordinance Guidelines.”
B. No person shall plant any tree or shru b on any public street right-of-way or public property without first obtainin g a perm it from the City and without com plying strictly with the provisions of the perm i t, the provisions of this chapter and the “Tree Ordinance Guidelines.”
C No person shall dam age, cut, or carve any tree o r shrub having all or any portion of its trunk in or upon any public property ; attach any object, including, but not lim ited to, rope, wire, nail, ch ain or sign to any such tree or shrub, or to the guard or stake inte nded for the protection of such tree.
D. No person shall place, store, deposi t, or m aintain, upon the ground in any public street or public place, any co m pacted stone, cem ent, brick, sand or other m aterials which m ay im pede or obstruct the fr ee passage of air, water and fertilizer to the roots of any tree or shrub growing in any such street or public place without written authorization from the City.
E. No person shall change the natural dr ainage; excavate an y ditches, tunnels, or trenches; or lay any drive within the root prote ction zone of any tree Garden Grove City Council
Ordinance No. 2922
having all or any portion of its trunk in or upon any public property without obtaining a perm it from the City and without strictly com plying with the provisions of the perm it and provisions of this Cha pter.
F. No person shall perform , or contract with another to perform , excavation or construction work within the drip line of any tree having all or any portion of its trunk in or upon any public proper ty without first obtaining a perm it in accordance with this chapter.
G. No person shall place salt, oil, or any other substance injurious to plant growth upon any public thoroughfare, park, or publi c place in such m anner as to injure any tree or shrub growing thereon.
H. No person shall build any fire or st ation any engine in any public place in such a m anner that the heat, vapors, or fum es there from m ay injure the trees or shrubs growing thereon.
I . No person shall perm it any leak to exist in any gas pipe or m ain within the root zone of any tree or shrub.
J. No person shall allow or continue to pollute the air surrounding any tree or shrub with toxic sm oke, gases, or other injurious c hem icals that m ay be harm ful to the health or life of such tree or shrub .
K. Liability for dam ages or injuries to an y tree or shrub having all or any portion of its trunk in or upon public proper ty resulting from a violation of this chapter shall be determ ined by the City in accordan ce with section 11-32- 160. The person perform ing the work, the property owner and the person contracting for the perform ance of the work shall b e jointly and severally liable for any penalties or other enforcem ent action im posed pursuant to this chapter, or other provisions of law on account of w ork perform ed in violation of this chapter. However, no claim s shall be m ade m ore than five (5) years after dam age can be proven to have occurred.
L. Any tree service perform ing tree pruni ng or rem oval activities on public property m ust have an ar borist or authorized City em ployee, as defined in this chapter, present onsite to perform or oversee the work.
1 1 .3 2 .0 5 0 Per m it Ap p licat ion an d I ssu an ce
A. No perm it shall be issued under this chapter unt il the application is subm itted and the appropriate fee is paid, not less than two (2) weeks in advance of the tim e the work is to be done, unl ess otherwise perm itted by the City Manager to abate an im m ediate hazard.
B. The City Manager shall issue the appropriate per m it as provided for herein if, in his or her judgm ent, the proposed work adheres t o specifications contained in this chapter and in the Tree Ordinance Guidelines.
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Ordinance No. 2922
C. The person receiving the perm it shall abide by a ll conditions stated on the perm it and by the standards establish ed in the Tree Ordinance Guidelines.
D. Any Tree Perm it granted shall contain a definite date of expiration. The work shall be com pleted in the tim e allowed on the perm i t, and only in the m anner as therein described.
E. Notice of com pletion shall be given wi thin five (5) days to the City Manager for inspection.
F. Where a Tree Perm it for rem oval has been denied, the property owner m ay appeal the decision to the City Manager within ten (10) days of the denial.
The appeal m ay be heard by an official or designee not involved in the denial of the perm it. The decision of the official or design ee shall be final.
1 1 .3 2 .0 6 0 Resid en t Pet it ion f o r St r eet Tr ee Rem o v al an d Rep lacem en t
A petition m ay be presented by citizen action in a given area for the rem oval and replacem ent of existing City trees, if in the opinion of the petitioners, the trees are undesirable. The following conditions m ust be m et:
1. The petition m ust be signed by the adjacent pro perty owners in accordance with the following percentage schedule based upon t he num ber of trees involved:
a. 0 to 15 Trees 75%
b. 16 to 25 Trees 80%
c. 26 trees and over 85%
2. All costs for rem oval and m itigati on will be borne by the petitioner.
Mitigation m ay include repl acem ent with an approved species, or paym ent of fees as established by resolution of the City Counc il.
3. The work is to be perform ed by contract, under City specifications and adm inistered by the City. The cost w ill be determ ined by the City Manager, and would be placed on deposit with the City prior to rem oval being initiated.
4. I t will be the responsibility of the petitioner s to collect and deposit the necessary funds with the City to cover the cost of the project.
5. I n that granting requests initiated by petitions is discreti onary, each petition request will be considered individually, and will be determ ined on the m erits of the individual request.
1 1 .3 2 .0 7 0 Con st r u ct ion an d Ut ilit y Pr oj ect s
The City Manager shall review and approve all plans and City perm its for construction, installation, altering, m oving , or razing of all buildings, utilities, Garden Grove City Council
Ordinance No. 2922
sidewalks, sewers, or other operations wher e trees or shrubs, or parts thereof are involved. Plans and perm its shall include a tree protection plan that includes the following:
1. Location, species, size, height, canopy, conditi on of trees, and irrigation infrastructure within the work area.
2. I dentification/ location of root protec tion zone for each tree greater than ten (10) feet diam eter four and one-half (4 ½ ) feet above the average ground level.
3. I dentification of trees to be preserved.
4. I dentification, description and locati on of tree protection m easures (e.g. fencing, trunk protection, m ulch blanket, root barrier, etc.).
1 1 .3 2 .0 8 0 Pr ot ect in g Tr ees or Sh r u b s Pr ior t o Con st r u ct ion or Rep air
A. All tree protection m easures on an approved plan and/ or perm it shall be in place and installed to th e satisfaction of the City Manager, prior to the com m encem ent of any construction ac tivities, including but not lim ited to:
erecting, altering, repairing, dem olishing, trenchi ng, digging, or grading.
B. All building m aterials, equipm ent, dirt or other debris shall be kept outside the root protection zone. Tree prot ection m easures shall not be rem oved unless or until the City Manager authorizes it to b e rem oved.
1 1 .3 2 .0 9 0 Pr ot ect io n f r om Elect r ical W ir in g
No person shall perm it any wire designed to carry e lectric current to com e in contact with any tree or shrub unless protected by m ethods approved by the City Manager. Further, any person having or m aintaining such electric service shall m aintain them in such a m anner safeguarding the tre es and shrubs and shall m ake periodic adjustm ents whenever necessary to prevent dam age to the trees and shrubs.
1 1 .3 2 .1 0 0 Mov in g Bu ild in g or Ob j ect —Tr ee Rep air , Rem ov al or Rep lacem en t Resp on sib ilit y
When the m oving of any building or obje ct along a public highway will injure, threaten, or necessitate the rem oval of any tree or shrub on public property, the owner or contractor shall apply for a per m it, and if approved shall assum e full responsibility for such rem oval, replacem ent, repair, or alteration of such trees or shrubs.
Garden Grove City Council
Ordinance No. 2922
1 1 .3 2 .1 1 0 Pr ot ect ion Resp on sib ilit y in Pu b lic Places
I t shall be the duty of the person m aintaining serv ices or structures in a public highway, park, or public place to assum e responsibility for the protection of such facilities during the progress of tree o perations deem ed necessary by the City Manager provided prior notice has been give n said person of the existence of such tree operations.
1 1 .3 2 .1 2 0 Com p lian ce w it h Reg u lat ion s
Full com pliance with all regulations of the City sh all be required in reference to this chapter.
1 1 .3 2 .1 3 0 En f o r cem en t
A. I t shall be the responsibility of the Ci ty Manager to see that all the provisions of this chapter are obeyed, and all com p laints as to the violation of this chapter shall be presented in writing, and prosecution for all violations of this chapter shall be instituted by and shall be prosecu ted in the nam e of the City.
B. The City Manager m ay assign an inspec tor to supervise the provisions of all perm its herein involved, and the cost of such service shall be charged to the person involved.
1 1 .3 2 .1 4 0 Cor r ect ion Resp on sib ilit y
Any person violating any of the provisio ns of this chapter shall assum e full responsibility for the rem oval, replacem ent, repair , or alteration of such trees and shrubs according to the specifications deem ed neces sary by the City Manager.
1 1 .3 2 .1 5 0 I n t er f er en ce w it h Au t h or it y
No person shall hinder, prevent, or interf ere with the agents or em ployees of the City while engaged in carrying out the provisions of this chapter.
1 1 .3 2 .1 6 0 Pen alt ies
A. Generally. Any person who violates any of the provisions of this chapter, or rules or orders adopted or issued pursuant to this chapter, shall be subject to any one, all, or a com bination of the civ il penalties prescribed by this section.
Penalties assessed under this chapter are in additi on to and not in lieu of com pliance with the requirem ents of this chapter. T he person perform ing the work, the property owner and the per son contracting for the perform ance shall be jointly and severally liable for any penal ty or other enforcem ent action im posed pursuant to this chapter or other provisions of law on account of work perform ed in violation of this chapter.
Garden Grove City Council
Ordinance No. 2922
B. Civil penalties. Civil penalties for violations of this Chapter shall be assessed pursuant to the following:
1. Failure to plant original or replac em ent trees in accordance with this chapter shall be subject to a fine of $50.00 for each tree not planted.
No civil penalty shall be assessed until the person alleged to be in violation has been notified of the violation and given an opportunity within a reasonable tim e to correct the violation. I f the site is not brought into com pliance within the tim e specified i n the notice of violation, a civil penalty m ay be asse ssed from the date the notice of violation is received. The failure to plant each individual tree shall constitute a separate, daily and continuing violati on.
2. I njury or dam age to, or destruction of, trees an d shrubs protected by sections 11.32.070 and 11.32.080 that result in the total loss of the tree or shrub shall be assessed in accordance with generally accepted industry evaluation m ethods for th e loss of the trees and shrubs.
However, the m axim um civil penalty for each tree in jured, dam aged or destroyed shall not exceed $20,000.00. No notice of violation is necessary prior to the assessm ent of a civil penalty issued pursuant to this subsection.
3. I njury or dam age to, or destruction of, trees an d shrubs protected by sections 11.32.070 and 11.32.080 that do not result in the total loss of the trees shall be assessed for each tree or shrub in accordance with generally accepted industry evaluation m ethods. How ever, the m axim um am ount of the penalty shall not exceed $1,0 00.00. No notice of violation is necessary prior to the asses sm ent of a civil penalty issued pursuant to this subsection.
4. Failure to install or m aintain r equired tree protection m easures in accordance with 11.32.070 and 11.32.080 shall be su bject to $1,000.00 fine. No civil penalty shall be assessed until the person has been notified of the violation and given an opportu nity within a reasonable tim e to correct the violation. I f the s ite is not brought into com pliance within the tim e specified in the notice of violation, a civil penalty m ay be assessed from the da te the notice of violation is received. The failure to install the required tree protection m easures shall constitute a separate, daily and continuing violation. I njury or dam age to, or destruction of, trees in the tree protection zone and tree save area resulting from inadequate or om itted tree protection m easures constitutes a separate violation which m ay subject the violator to any other applicable pen alty set forth in this section.
5. Any other action that constitute s a violation of this chapter m ay subject the violator to a civil penalty of $50.00, and each day of continuing violation shall constitute a separate violation. However, the m axim um am ount of the penalty shall not exceed $1,0 00.00.
Garden Grove City Council
Ordinance No. 2922
C. Nonm onetary penalty. A nonm onetary pe nalty, in the form of increased or additional planting requirem ents, m ay be assessed in addition to or in lieu of any m onetary penalties prescribed under this sectio n.
1 1 .3 2 .1 7 0 Cit y Co u n cil Rev iew
Where practical difficulties or unnecessary hardshi ps inconsistent with the purposes of this part result from its literal inte rpretation or enforcem ent, the City Council m ay waive, m odify, or delay the enforcem ent of thes e provisions upon written request of the developer or the property owner, whi ch request shall be in writing and filed with the City Clerk and shall cont ain any and all facts that are offered in support of said request.