Ordinance - 1843ORDINANCE NO. 1843
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF WEST COVINA DECLARING
AN INTERIM MORATORIUM AND PROHIBITION ON
• THE DESTRUCTION, REMOVAL OR EXCESSIVE
PRUNING OF CERTAIN TREES OF THE OAK,
WALNUT, SYCAMORE AND PEPPER SPECIES
PURSUANT TO GOVERNMENT CODE § 65858
THE CITY COUNCIL OF THE CITY OF WEST COVINA DOES
ORDAIN AS FOLLOWS:
Section 1. Purpose.
(a) Community members have brought to the attention
of the City their concerns with the actual and potential loss of
oak, walnut, sycamore and pepper trees within the City on private
property due to development activities.
(b) The Municipal Code provisions currently
address only the preservation of trees on public property.
(c) In response, the Planning Commission has
initiated a tree preservation ordinance to address preservation
of such species on private property.
(d) In performing the investigation and study for
that ordinance, staff has found that such trees are a natural and
historical resource which contribute to the City's cultural
identity and quality of life, which are valuable environmental
assets and which may increase property values.
(e) Staff now has discovered that certain property
owners have destroyed over 30 oak trees in anticipation of the
adoption of a tree preservation ordinance.
Section 2.
Purpose.
(a) "Cutting" means the detaching or separating,
from a tree, of any limb, branch or root. Cutting shall include
pruning.
(b) "Damage" means any action undertaken which causes
injury, death, or disfigurement of or to a tree, including, but
not limited to, cutting, poisoning, overwatering, relocation or
transplanting a tree, trenching, excavating or paving overly
close to a tree, or excessive pruning.
(c) "Deadwood" means limbs, branches or a portion
of a tree that contain no green leaves during a period of the
year when they should be present.
(d) "Maintain" means to take actions needed for the
continued good health and safety of trees including, but not
limited to, removal of deadwood, insect control and watering.
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(e) "Tree" means any tree of the oak, walnut,
• sycamore or pepper species.
(i) "Oak tree" shall mean any oak tree of the
Genus Quercus including, but not limited
to, Valley Oak (Quercus lobata),
California Live Oak (Quercus agrifolia)
and Scrub Oak (Quercus dumosa).
(ii) "Walnut tree" shall mean any walnut tree
of the Genus Juglans including, but not
limited to Southern California Black
Walnut (Juglans Californica), California
Black Walnut (Juglans hindsii), Black
Walnut (Juglans nigra) and English Walunt
(Juglans regia).
"Sycamore tree" shall mean any sycamore
tree of the Genus Platanus including, but
not limited to American Sycamore (Platanus
occidentalis) and California Sycamore
(Platanus racemosa).
(iv) "Pepper tree" shall mean any pepper tree
of the Genus Schinus including, but not
limited to California Pepper (Schinus
molle) or Barzillian Pepper (Schinus
terebinthifolius).
(f) "Person" means any natural person, partnership,
firm, corporation, governmental agency or other legal entity.
(g) "Removal" means the physcial removal of a tree or
causing the death of a tree through damaging, poisoning or other
direct or indirect action.
Section 3. Tree Preservation.
Any person who owns, controls, has custody or
possession of any real property within the City shall maintain
all trees located thereon.
Section 4. Exemptions.
The following trees are exempt from the requirements
of this ordinance:
(a) Trees which measure less than six (6) inches
in diameter (caliper) at 4-1/2 feet above the natural grade.
(b) Trees damaged by thunderstorms, windstorms,
floods, earthquakes, fires or other natural disasters and
determined to be dangerous by a peace officer, fireperson, civil
defense official, Director of Planning or code enforcement
officer, or his designee, acting in an official capacity. The
Department of Planning shall be notified promptly of the nature
of the emergency and action shall be taken.
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ORDINANCE NO. 1843
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(c) When removal is determined necessary by fire
• department personnel actively engaged in fighting a fire.
(d) Trees planted, grown and/or held for sale as a
part of a licensed nursery business.
(e) When an action to cut or remove a tree is
otherwise required by federal, state or local law or regulations.
Section 5. Non -liability of City.
Nothing in this Ordinance shall be deemed to impose
any liability for damages or a duty of care and maintenance upon
the City or upon any of its officers, agents, volunteers,
attorneys or employees. The person in possession, custody or
control of real property shall have a duty to keep and maintain
the trees upon the property and under his or her control, control
or custody in a safe, healthy condition. Except as provided in
Section 4, any person who believes a tree located on property
possessed, owned or controlled by him or her to be a danger to
their safety, that of others or to structural improvements
on -site or off -site shall have an obligation to secure the area
around the tree or support the tree, as appropriate to safeguard
both persons and improvements from harm.
Section 6. Enforcement.
(a) Violation, penalty. Any person who cuts, damages
or removes any tree within the City in violation of this
ordinance shall be deemed guilty of a misdemeanor and upon
conviction, may be punished as set forth in the Municipal Code.
(b) Violation, restitution. It has been determined
that the trees within the City are valuable assets to the
citizens of the community of West Covina, and as a result of the
loss or damage to any of these trees, the public should be
recompensed. In addition to any penalties provided by subsection
(a) above, any person who cuts, damages or removes any tree(s) in
violation of the terms of this Ordinance, is responsible for
proper restitution and may be required to replace the tree(s) so
removed or damaged, by the donation of or by replacing a tree of
reasonable equivalent size and value for each tree damaged, cut
or removed. The size and location of said equivalent replacement
tree.(s) shall be determined by the Director of Planning.
Section 7. Urgency.
This Ordinance is an urgency ordinance and is for the
immediate preservation of the public peace, health and safety.
It is necessary that this Ordinance take effect immediately in
order to avoid further uncontrolled and indiscriminate
destruction of trees, which would detrimentally affect the safety
and welfare of the citizens of West Covina. This Ordinance
promotes the welfare and aesthetics of the community by saving
trees of great historical and environmental value. This
Ordinance accordingly shall take effect immediately and continue
in effect for a period of no longer than forty-five (45) days
provided, however, that after notice pursuant to Section 65090 of
the Government Code and a public hearing, the City Council may
extend the effectiveness of this Ordinance for a period of ten
(10) months and fifteen (15) days and thereafter for an
additional period of one (1) year.
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PASSED, APPROVED AND OP ED 14th day o May, 1990
V
MAYOR
City of West Covina, California
ATTEST:
CITY CLERK
CIIA171�
I, hereby certify that the foregoing Ordinance was duly
adopted by the City Council of the City of West Covina,
California, at a regular meeting thereof held on the 14th day of
May, 1990, by the following vote:
AYES: Councilmembers: Herfert, Jennings, Manners, McFadden, Tarozzi
NOES: Councilmembers: None
ABSENT: Councilmembers: None
APPROVED AS TO FORM:
)y�Gc i i Z U (D( • rL`L' R r��
City Attorney
EKV:cla
645/CC/cla/l
City Clerk
•
CERTIFICATION
I, JANET BERRY, City Clerk of the City of West Covina, State of
California, do hereby certify that a true and accurate copy of
Ordinance No. was published, pursuant to law, in the
San Gabriel Valley Tribune, a newspaper of general circulation
published and circulated in the City of West Covina.
DATED:
V
Janet Berry, City C7Vrk
City of West Covina, California