The text
Chapter 12.52 - TREES#
Footnotes:
--- (2) --- Editor's note— Ord. No. 2015-15, adopted June 10, 2015, amended Ch. 12.52 in its entirety to read as herein set out. Former Ch. 12.52, §§ 12.52.010—12.52.100, pertained to similar subject matter, and derived from Ord. 02-13, § 1(part).
12.52.010 - Definitions.#
As used within this chapter:
"Major pruning" means the removal of large portions of a tree, as determined by the urban forester.
"Nuisance tree" (including shrubs) means: 1.
Any tree that is host to a communicable disease, destructive disease or other pestilence; or
2.
The roots of any tree or shrub or portion thereof which causes the surface of a public street, curb, gutter, or sidewalk to be up-heaved, damaged or otherwise disturbed, or which impedes construction or maintenance of public infrastructure; or
3.
Any tree or shrub or portion thereof, which by reason of location or condition, constitutes an imminent danger to the health, safety, or well being of the public; or
4.
Any tree or shrub or portion thereof which intrudes into public space or causes impediment to movement for either pedestrians or vehicles;
5.
Any tree which drops seeds or other debris, but not including leaves, into the property of another and which unreasonably interferes with that person's quiet enjoyment of the property; or
6.
Any tree declared by the state of Utah or the United States Department of Agriculture to be subject to quarantine or an order of destruction.
"Park trees" means all trees located within city-owned parks.
"Planter strip" means the area (if any) located between the outside edge of the curb on a given side of the street and the outside border of the city right-of-way on the same side of the street. Planter strip shall also include tree-well sites located within the city right-of-way.
"Privately-owned trees" means all trees located on private property.
"Street trees" means all trees located in a planter strip or on publicly-owned right-of-way.
"Tree stewardship" means the ongoing and shared responsibility between public and private entities for the protection, care and renewal of trees.
"Urban forester" means the person designated as urban forester by the city, and who may be an employee or an independent contractor.
(Ord. No. 2015-15, 6-10-2015)
12.52.020 - Urban forester.#
A.
The mayor may designate an employee or other person as an urban forester. Such person may have as a sole duty, the supervision of trees, or may combine such duty with any other duty which the mayor shall so direct. Multiple foresters may be appointed, as necessary, to fulfill the varying responsibilities established in this chapter.
B.
The urban forester shall supervise the urban forestry program and administer the provisions of this article. The urban forester shall:
1.
Be responsible for the long-term management of street and park trees;
2.
Maintain a certified arborist credential from the International Society of Arboriculture, or possess equivalent credentials or experience;
3.
Foster and maintain partnerships between public and private entities for the benefit of trees;
4.
Facilitate communications, coordination, cooperation, and education for the stewardship of city and non-city trees;
5.
Keep abreast of new information and research in arboriculture; and
6.
Supervise the urban forest and any tree master plan and make recommendations for improvement.
(Ord. No. 2015-15, 6-10-2015)
12.52.030 - Power to regulate.#
A.
The urban forester may regulate the planting, removal, upkeep and trimming of trees, shrubs, bushes, vines and plants, upon public property, or on private property abutting public property, in accordance with this chapter.
B.
The urban forester may declare nuisance conditions for any tree located within the city.
(Ord. No. 2015-15, 6-10-2015)
12.52.040 - Protection of trees.#
A.
No person shall willfully injure or destroy any park tree or street tree. This includes:
1.
Constructing a concrete, asphalt, brick or gravel sidewalk that damages any part (roots, crown, trunk) of the tree so as to cause injury or death;
2.
Filling up the ground area around the tree so as to shut off air, light, or water from the roots;
3.
Piling building material, equipment, or other substances on or near the tree so as to cause injury;
4.
Pouring any injurious matter on or around the tree;
5.
Injuring the tree, tree-stake, or guard with any vehicle or animal, or in any other manner causing injury to the tree or lawn on public property;
6.
Posting any sign on the tree, tree-stake, or guard, or by fastening any guy wire, cable, or rope to the tree, tree-stake, or guard.
B.
All construction work and associated activities occurring within a distance of one and one-half times the height of an adjoining street tree shall be coordinated with the urban forester to mitigate damage to the tree and danger to the public.
C.
No person shall use a street tree or park tree for any unauthorized purpose. If damage or unauthorized use has compromised the safety of a street or park tree, the city may recover compensation from the party responsible, up to and including removal and replacement, employee time, plus value lost, as specified by the urban forester.
D.
It shall be unlawful for any person to interfere with city personnel or contractors under the supervision of the urban forester in the performance of their duties.
(Ord. No. 2015-15, 6-10-2015)
12.52.050 - Citizen responsibilities.#
Citizens shall have the following responsibilities for the care of planter strips and any street trees, shrubs or vegetation therein which abuts their real property, and for trees and shrubs on private property: A.
Protecting street trees from damage caused by lawn mowers, weed trimmers, snow blowers, and similar equipment;
B.
Protecting street trees from wounds caused by attachment of any items such as signs, nails, wires, ropes, and chains;
C.
Purchasing and planting street trees. The species must be approved by the urban forester, and they then must be planted using the guideline established by the urban forester. A tree permit will be required;
D.
Removing private trees or limbs from any trees that have fallen across a city street sidewalk, or upon city property, except in the case of park trees;
E.
Maintaining (including watering, mowing, weeding, fertilizing, minor pruning, etc.) all plantings; and
F.
Removing nuisance trees (including shrubs).
(Ord. No. 2015-15, 6-10-2015)
12.52.060 - City responsibilities.#
The city has responsibility for: A.
All care of park trees;
B.
Major pruning of street trees, as determined by the urban forester;
C.
Removal of diseased or dying street trees which, in the opinion of the urban forester, are beyond reclamation; and
D.
Removal of street trees that are nuisance trees, and removal of street trees or their limbs, if the urban forester determines that they are a hazard or are likely to fall.
(Ord. No. 2015-15, 6-10-2015)
12.52.070 - Planting restrictions.#
A.
It is unlawful for any person to plant on any public street, avenue or way in the city of South Salt Lake, any bush, tree or plant which is not in accordance with the regulations and specifications found herein and as established in the South Salt Lake Landscape Handbook and Chapter 17.25 of this Code.
B.
No person shall plant a tree any closer than fifteen (15) feet from the extended property line of the adjacent property without the consent of the owner of said adjacent property, and no tree shall be planted closer than six feet to any fire hydrant, water meter or any other service unit.
C.
It shall be the responsibility of all abutting property owners to keep all trees, bushes. shrubs, vines and plants trimmed so that pedestrian and motor traffic shall be able to clear the sidewalks and streets without any impediment from said trees or plants.
D.
The urban forester may restrict the planting on any street, avenue or way to a single species by securing the consent of a two-thirds majority of the residents or property owners on the street concerned by a written petition requesting such action, and the filing of said petition with the city council at its usual place of business and by holding a public hearing wherein the residents or property owners have a right to object to such action, provided, however, that the property owners are apprised of such public hearing by due and proper notice in a paper authorized by law to publish legal notices for the city of South Salt Lake. The urban forester shall have authority to restrict in a like manner future planting on any partially planted street.
E.
Notwithstanding any provision of city code, if a city tree has been destroyed or removed for any reason, the city may replace that tree with one tree of any species. If multiple city trees are destroyed or removed, then those trees may be replaced in any configuration, up to the number which were destroyed or removed. Nothing in this subsection requires the city to replace a tree.
(Ord. No. 2015-15, 6-10-2015)
12.52.080 - Nuisance trees.#
A.
Where a nuisance tree exists upon property, the property owner, landlord, tenant, or his or her agent, and all other persons having control of the property on which such nuisance exists, shall be deemed to be the cause thereof, and shall be liable therefor.
B.
It is unlawful for any person, either as owner, agent, or occupant, to create, aid in creating, or maintaining a nuisance tree.
(Ord. No. 2015-15, 6-10-2015)
12.52.100 - Penalties.#
A.
Violation of any of the provisions of this chapter shall be punishable as a class C misdemeanor, either:
1.
As a class C misdemeanor; or
2.
By imposing civil penalties as established by the city.
B.
In addition to the penalties and abatement procedures outlined in this chapter, the city may initiate any or all of the following actions: injunctions; mandamus; proceeding to prevent, enjoin, abate or remove, or other such court actions.
C.
Administrative citations and notices of violation may be appealed as provided in Chapters 8.16 and 2.22 of this code.
(Ord. No. 2015-15, 6-10-2015)
12.52.110 - Reserved.#
Editor's note— Ord. No. 2021-11, § I(Exh. A), adopted July 28, 2021, repealed § 12.52.110, which pertained to tree abatement grant fund and derived from Ord. No. 2015-15, adopted June 10, 2015.