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Ord 0524-REGULATING THE PLANTING, MAINTAINING AND REMOVAL OF TREES ADJACENT TO OR WITHIN THE STREETS OF THE TOWN OF LOS GATOS; PROVIDING FOR THE ISSUING OF PERMITS IN CONNECTION i ORDINANCE NO. 524 AN ORDINANCE REGULATING THE PLANTING, MAINTAINING AND REMOVAL OF TREES ADJACENT TO OR WITHIN THE STREETS OF THE TOWN OF LOS GATOS; PROVIDING FOR THE ISSUING OF PERMITS IN CONNECTION' THEREWITH; PRESCRIBING PENALTIES FOR THE VIOLATION OF SAID ORDINANCE; AND, REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT THEREWITH® THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: Section 1. Purpose: That it'is'for the best interests of the Town of Los Gatos that °a comprehensive plan for the planting, maintenance and removal of trees in or which may overhang public streets within said Town should be developed and established; and that this ordinance is adopted for the purpose of developing and providing for such a plan and,program, and for the purpose of establishing rules and regulations relating to the planting, main- taining and removal of such trees. Section 2. This Ordinance shall be known as the "Street Tree Ordinance of the Town of Los Gatos" and may be cited as such. Section 3. Definitions (a) The word "shall" is mandatory. (b) "Town" is the Town of Los Gatos. (c) "Town Engineer" is the Town Engineer of the Town of Los Gatos. (d) "Person" is any individual, firm, partnership, association, corporation, company, or organization of any kind. (e) "Street Trees" are trees in a public place or along or within a public street. (f) "Public Street" means all or any portion of territory within the Town of Los Gatos set apart and designated for the use of the public as a thoroughfare for travel, and includes the sidewalks, the center and side plots thereof. _ 1 _ (g) "Owner of the Property" is the person as herein defined who is the owner of the fee simple title of the property on which a street tree is planted. (h) "Parkway Strip" is that public area between the curb and the sidewalk on a public street. Section 4. Enforcing Authority The Town Engineer shall be charged with the enforcement of this Ordinance. Section 5. Master Tree List:. There is hereby establishes a Master Street Tree List consisting of the following trees: Purple Leaf- Plum (Prunus Blireana); Maiden Hair Tree, Ginko (Ginkgo Biloba, Male only); Sweet Gum (Liquidambar Styraciflua); Holly Oak (Quercus Ilex);. Paul's Double Flowering English Hawthorn (Crataegus Oxya _cantha Paulii); Lavalle Hawthorn (Cr.ataegus Lavallei); Washington Thorn (Crataegus Phaenopyrum); Chinese Pistachio(Pistacia Chinensis);. Schwedler Maple (Aces Platanoides Schwedleri); Goldenrain Tree (Koelreuteria Paniculata); Carob (Ceratonia<Siliqua, Selected Forms Only); Camphor Tree (Cinnamomum Camphora); Sawleaf Zelkova (Zelkova Serrata); Japanese Privet (Ligustrum Lucidum,.,Helected Forms Oniy);and Southern Magnolia (Magnolia Grandifiora), and a copy of such list shall be kept on file in the Office of the Town Engineer. Revisions, additions or changes in said Master Tree list may be made from time to time by resolution of the. Town Council of the Town of.Los Gatos. Section 6. Jurisdiction: The Town Engineer shall have jurisdiction and control of the planting, setting out, location and placement of all trees in the public streets of the Town and shall likewise have supervision, direction and control of the care, trim- ming, removal, relocation and replacement thereof. Section 7. Permit to Plant, Move, Remove, Etc It shall be unlawful for any person to plant, move or remove or replace any tree in the Public Streets, and public places within the Town of Los Gatos, or to cause the same to be done, unless and until a permit in writing to do so shall have been first obtained from the Town Engineer of said Town. No person, shall place or permit any trees,.shrubs, or plants in boxes, now or hereafter on any street or sidewalk without first having applied for and receiving a permit from the Town Engineer. The Town Engineer may issue a written permit upon such terms and conditions as he may provide after having determined that such use will not constitute a public nuisance, and which said permit shall be revocable at the will of the Town Engineer. Section 8. Conditional Permit for Removal: As a condition to the issuance of any permit to remove any trees the Town Engineer m-ay`require that the person to whom such permit to remove is granted, shall plant approved trees in the place of those removed. Whenever such trees have been removed in accordance with such conditional permit, it shall be a violation of this article for the holder of such permit to refuse or neglect to plant another tree as such conditional permit shall specify- Section 9. Owners of Premises Required to Trim Branches: The owner of every lot or parcel of land in the Town of Los Gatos upon which any trees are now or may hereafter be standing shall rtrimvall branches of: any trees which overhang any public street so that there shall be a clear height of eight (8) feet above the surface of the sidewalk and fourteen (14) feet above the surface of the. remaining traveled portion of the.public street unobstructed by branches; and, such owner shall remove from such trees all dead, decayed or broken limbs or, branches that overhang any such public. street; and, when any such trees are dead, such owner shall remove the same so that they shall not fall in the public street. Section 10. Prohibited Trees: A person shall plant along the public streets of the Town of Los Gatos only those trees as are designated on the Blaster Street Tree List. Section ll. Planting: No person shall plant or set out any tree in or along a public street without first filing an application and procuring a written permit from the Town Engineer. Section 12. Large Scale Planting Procedure: Upon receipt of an application for a written permit to plant or set out any tree or 3 - trees the Town Engineer shall have the authority to require from the applicant a detailed declaration of intention in the form of a, planting plan. All planting plans shall be in duplicate in such form as designated 'by _the Town Engineer. One copy of each plan shall when approved by the Town Engineer, be returned to the applicant and the other copy shall be kept on file in the office of the Town Engineer. All planting plans shall accurately show; (a) The proposed street together with its subdivision of pavement, curb, gutter, parking strip and sidewalk areas to a definite. indicated scale. (b) The variety of each and every tree proposed to be planted and of those already existing within the proposed street lines, either indicated on the plans or referenced with a number to a key list (c) The proposed location of each and every proposed tree together with the location of each existing tree within the proposed street line in scaled relation to the other features of the plan. (d) The distance between trees in any one row in feet. (e) The nature of the soil in the planting space, to a depth of three::.,feet, and all existing and proposed surface or sub-soil drainage system. (f) The location of existing native and ornamental trees which exceed fifteen (15) feet in height (other than orchard trees but including walnut trees) will be shown on any tentative subdivision map when presented to the Town Engineer, Section 13. Abuse or Mutilation of Trees It shall be unlawful for any person to (a) damage, cut, carve, or injure the bark of any street tree: (b) to attach any sign, wire or injurious material to any street tree; (c) to cause or permit any wire charged with electricity to come in contact with any street tree; (d) or to allow any gaseous, liquid, or solid substance harmful to trees to come in contact with the roots, leaves,, bark, or any part of any street trees. - 4 - Section 14. Certain Trees Declared Public Nuisances: Any trees or parts thereof growing in or upon a public street or upon private property interfering with the use of any public street or public place in the Town of Los Gatos or trees which in the opinion of the Town Engineer endangers the life, health, safety, comfort, or property of any person using such public street or in such public place, because of the trees location, condition of its limbs, roots or trunk, or because of its diseased condition, is hereby declared to be a public nuisance. Section 15. Proceedure: (a) Order: The Town Engineer shall order the trimming, treatment, preservation or removal of trees herein declared to be a public nuisance. Such order shall be written and shall state the work to be done. (b) Service: Such order shall be served upon the owner by personal delivery, or by mailing a copy thereof to the last known address of the owner by registered mail, return receipt requested and by posting a copy thereof upon the premises. Service is deemed completed upon personal delivery.to,,the person; mailing or posting. (c) Time for Compliance: The order shall set forth a time limit for compliance dependent upon the hazard and danger created by the violation .--Except in the case of manifest public danger and immediate ;necessity no such tree shall be ordered wholly cut down or removed unless 10 days notice in writing is given to the owner of the land upon which the tree is situated. (d) Appeal from Order: A person to whom an order herein is directed shall have a right to appeal to the Town Council of the Town of Los Gatos within ten<-• days of service of the order by filing with the Town Clerk of the Town of Los Gatos, in duplicate, of a written notice of -appeal setting forth sPecif;ical.ly his objections and 5 _ the grounds upon which the owner claims the Town Engineer is in error and praying that the order be revoked or modified as set forth in the notice of appeal. The hearing on such appeal shall be set for the next regular meeting and the owner shall be notified of the time and place of said hearing, by writen notice mailed to the owner at the address set forth on the Notice of Appeal. The Town Council shall after such hearing , by resolution, affirm, modify or revoke the order theretofore made by the Town Engineer. Unless theorder is revoked or modified it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with such order within five (5) days after an appeal.shall have been determined. (e) Failure to comply Summary Abatement, When a. person to whom an order is directed shall fail to comply within the specified time, the Town Engineer shall remedy the condition or, contract with others for such purpose and the expense of abatement of such public nuisance shall be upon the person to whom the order is directed and.such,expense shall be a lien against the real property on which such public nuisance is maintained and shall also be a personal obligation against the property owner. Section 16. Permits for Public Utility Installations: All permits, which are hereinafter needed for the installation of public utilities shall be issued by the Town Engineer. When a permit is given by said Town Engineer to any telephone, telegraph, electric power or other public utility company, to trim or perform .:other operations af- fecting trees, the amount of such trimming, or the extent of such other operations shall be limited by the actual necessities of the service of such utility company and all such work shall be done in a work- manlike manner and in accordance with the requirements prescribed by the Town Engineer. Section 17. Severability: If any section, subsection, phrase or,clause of this Ordinance is for any reason held to be unconstitutional, such decision shall not effect the validity of the remaining portions of this Ordinance. The Town Council hereby declares that it would have passed this Ordinance and each section, subsection, phrase and clause thereof irrespective of the fact that anyone or more sections, subsections, clauses or phrases be declared unconstitutional. Section 18. Violations: Any person violating the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by fine of not more that Five Hundred Dollars .($500.00) or by imprisonment in the County Jail for a period not exceeding six (6) months or, by both such fine and imprisonment. The above and foregoing Ordinance was duly and regularly introduced at a regular meeting of the Town Council of the Town of Los Gatos held on the 1st day of February 1960, and was thereafter at a regular meeting of theTown Council of the Town of Los Gatos held on the 8th day of February 1960, duly and regularly passed and adopted by the following vote: AYES: COUNCILMEN: -I .1 ea~- 7 NOES: COUNCILMEN: ABSENT : COUNC I LADEN : ATTEST : W F OS