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O2388Council Meeting: January 10, 2012 California ORDINANCE NUMBER 2388 (CCS) (City Council Series) Santa Monica, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA AMENDING CHAPTER 7.40 OF THE SANTA MONICA MUNICIPAL CODE RELATED TO COMMUNITY FOREST REGULATIONS WHEREAS, the City consists of just eight square miles of coastal land which is home to 90,000 residents, the job site of 300,000 workers, and a destination for as many as 500,000 visitors on weekends and holidays; and WHEREAS, the City's coastal setting and its physical beauty offer an enviable quality of life to those who live, work and visit here; and WHEREAS, the City's community forest significantly contributes to the City's physical beauty; and WHEREAS, the City's community forest has grown into a complex ecosystem that requires ongoing maintenance and attention; and WHEREAS, the health, safety and general welfare of the public and the conservation and protection of the natural resources of the City and their values necessitate the implementation of regulations to guide the planting, maintenance and removal of public trees; and WHEREAS, improper pruning or care can lead to insect infestation, disease, and even death of public trees; and WHEREAS, improper planting and maintenance of public trees could cause damage to utilities, sidewalks, roadways and adjacent properties; and WHEREAS, A well- managed community forest provides benefits to all the citizens of the community with respect to air quality, water quality, storm water management, temperature amelioration, community aesthetics and general quality of life; and WHEREAS, A healthy community forest enhances local commercial and residential property values. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 7.40.001 of the Santa Monica Municipal Code is hereby added to read as follows: 7.40.001 Purpose and Construction. The purpose of this Chapter is to protect trees on public property within the City. Nothing in this Chapter shall be construed to limit the City's discretion or ability to plant, maintain, or remove public trees. 2 Section 2. Section 7.40.010 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.40.010 Definitions. For the purposes of this Chapter, whenever the following words or phrases are used, the intent and meaning shall be interpreted as follows: (a) Diameter at Standard Height (DSH). The diameter of a tree measured at four (4) feet six (6) inches above finish grade. (b) Director. The Director of Community and Cultural Services, or the person acting in such a capacity. (c) Parkways. That portion of a public street right -of -way lying between the curb and sidewalk. Section 3. Section 7.40.020 of the Santa Monica Municipal Code is hereby repealed. Section 4. Section 7.40.030 of the Santa Monica Municipal Code is hereby repealed. Section 5. Section 7.40.040 of the Santa Monica Municipal Code is hereby repealed. Section 6. Section 7.40.050 of the Santa Monica Municipal Code is hereby repealed. Section 7. Section 7.40.060 of the Santa Monica Municipal Code is hereby repealed. 3 Section 8. Section 7.40.070 of the Santa Monica Municipal Code is hereby repealed. Section 9. Section 7.40.080 of the Santa Monica Municipal Code is hereby repealed. Section 10. Section 7.40.090 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.40.090 Responsibility of Director. It shall be the duty of the Director to supervise the planting, trimming, pruning, maintenance, removal, and care for all trees, shrubs, or plants located in any street, sidewalk, parkway, alley or other public property within the City. Section 11. Section 7.40.100 of the Santa Monica Municipal Code is hereby repealed. Section 12. Section 7.40.110 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.40.110 Permit requirements. (a) No person shall remove, cut, trim, prune, plant, injure, or interfere with any tree, shrub, or plant upon any street, sidewalk, parkway, alley or other public property without having first obtained a City permit authorizing such work. The permit may be granted on the condition that the owner or authorized representative bears the cost of the permitted work and on the condition that the owner or authorized representative bear the cost of replanting any tree, shrub, or plant. The permit shall become void 0 unless work is completed within thirty (30) calendar days from the date of issuance of the permit. The time for completion of the work required by the permit may be extended by the Director if the applicant can demonstrate that continued delay: (1) presents no health or safety hazard; and (2) will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners. (b) The Director may require the posting of a cash deposit or bond in an amount sufficient to secure the completion of the work, and to indemnify the City against any damages to public property arising from the exercise of rights granted under the permit and to include the cost of inspection. Section 13. Section 7.40.120 of the Santa Monica Municipal Code is hereby repealed. Section 14. Section 7.40.130 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.40.130 Interference with administration. No person shall interfere with any City employee or City contractor engaged in: a) planting, maintaining, or removing any tree, shrub, or plant on public property, or b) installing, maintaining or removing any stone, cement, or other substance from the area immediately adjacent to any tree, shrub, or plant on public property. 5 Section 15. Section 7.40.140 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.40.140 Intentional damage. (a) No person shall cause or authorize any brine water, oil, liquid dye, or other substance deleterious to tree life, to lie, leak, pour, flow or drip upon or into the soil about the base of any tree, shrub, or plant in any street, sidewalk, parkway, alley or other public property within the City, or onto any sidewalk, gutter, road, or pavement within the City at a point from which such substance may harm or kill any such tree, shrub, or plant. (b) No person, without the approval of the Director, shall place or maintain any stone, cement or other substance on any sidewalk, street, parkway, alley or other public property so that it impedes the free access of water or air to the roots of any public tree or otherwise harm the health of the public tree. (c) No person, without the approval of the Director, shall attach or keep attached any wire, rope, swing, or any other object to any public tree. (d) No person shall plant or permit to grow any vine or planting that would interfere with the growth or maintenance of any public tree. Section 16. Section 7.40.150 of the Santa Monica Municipal Code is hereby repealed. Section 17. Section 7.40.160 of the Santa Monica Municipal Code is hereby amended to read as follows: 7.40.160 Protection of trees. 0 During the erection, repair, alteration or removal of any building, house, or structure in the City, any person in charge of such work shall protect any tree, shrub or plant in any street, sidewalk, parkway, alley or other public property within the City in the vicinity of such building or structure with sufficient guards or protectors as to prevent injury to said tree, shrub or plant arising out of or by reason of said erection, repair, alteration or removal. The Director may promulgate regulations detailing the scope of protections necessary to achieve the purpose of this Section. Section 18. Section 7.40.170 of the Santa Monica Municipal Code is hereby repealed. Section 19. Section 7.40.180 of the Santa Monica Municipal Code is hereby added to read as follows: 7.40.180 Enforcement and penalties. (a) Criminal Penalty. Any person violating any provision of this Chapter, including any regulation lawfully promulgated pursuant to this Chapter, shall be guilty of an infraction, which shall be punishable by a fine not exceeding two hundred fifty ($250) dollars, or a misdemeanor, which shall be punishable by a fine not exceeding one thousand ($1000) dollars, or by imprisonment in the County Jail for a period not exceeding six months or by both such fine and imprisonment. In addition, in any case involving the destruction, defacing, removal or injury to any public tree, the court may require restitution in an amount necessary to reimburse the City for the value of the items or material destroyed, defaced, removed or damaged 7 as well as any labor necessary to replant, restore, and cultivate the area, item or material affected. (b) Civil Action. The City Attorney may enforce the provisions of this Chapter by means of a civil action. (c) Any person who violates any provision of this Chapter shall be subject to administrative fines and administrative penalties pursuant to Chapters 1.09 and 1.10 of this Code. (d) Nonexclusive Remedies and Penalties. The remedies provided in this Chapter are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law. Section 20. Any provision of the Santa Monica Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this Ordinance. Section 21. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional. E Section 22. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within 15 days after its adoption. This Ordinance shall become effective 30 days from its adoption. APPROVED AS TO FORM: M RSHA JONES MC TRIE Cit Attorgy 9 Approved and adopted this 10th day of January, 2012. Richard Bloom, Mayor State of California ) County of Los Angeles ) ss. City of Santa Monica ) I, Denise Anderson - Warren, Acting City Clerk of the City of Santa Monica, do hereby certify that the foregoing Ordinance No. 2388 (CCS) had its introduction on December 13, 2011, and was adopted at the Santa Monica City Council meeting held on January 10, 2012, by the following vote: Ayes: Council members: Holbrook, McKeown, O'Connor, O'Day, Shriver Mayor Pro Tern Davis, Mayor Bloom Noes: Council members: None Absent: Council members: None A summary of Ordinance No. 2388 (CCS) was duly published pursuant to California Government Code Section 40806. ATTEST: Denise Anderson - Warren, Acting City Clerk