HomeMy WebLinkAbout75-15 Cutting of Public Trees, Providing for an Indemnity Insurancer
ORDINANCE NO. 75-15
1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA AMENDING SECTION 15-i1 OD THE COSTA
2 MESA MUNICIPAL CODE, RELATING TO THE CUTTING OF
PUBLIC TREES; PROVIDING FOR AN INDEMNITY BY THE
3 PROPERTY OWNER AFFRONTING THE PUBLIC RIGHT OF
WAY WHERE TREES ARE LOCATED; PROVIDING FOR AN
4 INDEMNITY INSURANCE, NOTICE OF POLICY CANCELLA-
TION, INSURANCE LIMITS, AND RESTRICTIVE COVENANTS;
5 AND STATING REASONS THEREFOR.
6 THE CITY COUNCIL OF THE CITY OFCOSTAMESA DOES HEREBY
7 ORDAIN AS FOLLOWS:
8 SECTION 1: The City Council of the City of Costa Mesa does
9 hereby find and declare that certain types of trees planted in.
10 the parkways of the City of Costa Mesa have, through normal
11 growth, spread root networks which have damaged public sidewalks.
12 The City Council further finds and declares that because of said.
13 damaged sidewalks, liability for injury to pedestrians has arisen
14 for which the City has been held accountable. The City Council
15 further finds and declares that the planting and maintenance of
16 younger trees with the installation of stakes, guidewires, and
17 other growth and transplant aids, constitutes a hazard to. the
18 public for which the City may be held accountable in damages.
19 The City Council further finds and declares that it has in the
20 past, and continues to, this Ordinance notwithstanding, reserve
21 the right to move said trees in order to remove the exposure to
22 liability resulting therefrom. The City Council further finds
23 and declares that in the event the abutting property owner II,
24 desires to retain a tree which has become a hazard to pedestrian
25 and motoring public, said owner may be allowed to do so under I�
26 certain circumstances requiring indemnity of the City.,
27 Accordingly, section 15-11 of the Costa Mesa Municipal
28 Code is hereby amended to read as followed:
29 SECTION 2: "Section 15-11 Cuttina Public Trees
30 (1) It shall be unlawful to permit the branches or
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foilage of any tree, plant, hedge or bush
growing on private property to obstruct the
free passage of vehicles in the roadway of
any street or of pedestrians upon the side-
walk portion thereof, or to hang over any
portion of the sidewalk within seven (7)
feet of .the surface thereof.
(2) In the event that it becomes in the
judgment of City necessary to remove the
parkway trees because of .root networks doing
damage to public streets, curbs, and side-
walks or for any other reason which in the
judgment of City constitutes a public
nuisance, or an undue and. unreasonable
exposure to liability for injuries to
persons and property, said trees shall be
forthwith removed.
(3) Where the abutting property owner desires
to retain a tree which in the judgment of City
must be removed for reasons expressed in this
ordinance, said owner may make application to
the City for its retention. Said application
shall provide for,among other things, the
following:
(a) An indemnity agreement to be executed.
by the owner of the abutting property in
a form suitable for recordingasa restrictive
..covenant binding upon subsequent purchasers.
(b) A liability insurance policy insuring the
limits to be established by the City insuring
abutting property owner and providing for
the City. to be an additional insured on said
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policy, with said policy to be designated
as primary coverage to any other insuring
agreement covering the City for injury to
person and property.
(c) An agreement to conform with any other
terms and conditions which City may reason-
ably impose for its protection against loss
by reason of injury to person or property of
others.
(4) The provisions for the retention of any
parkway tree as provided for herein shall
in no way preclude City from taking any steps
necessary for the .protection of and the
repair of streets, curbs, gutters or sidewalks
damaged by the root network of said tree."
SECTION 3: This ordinance shall take effect and be in
full force and effect thirty (30) days from and after its passage,
and before the expiration of fifteen (15) days after its passage,
shall be published once in the Orange Coast Daily Pilot, a news-
paper of general circulation printed and published in the City
of Costa Mesa, together with the names of the members of the
City Council voting for and against the same.
PASSED AND ADOPTED this 7� day of / /16i: -C 197
MAYOR of the City of Costa Mea
ATTEST:
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T
CITY
CLERK
of
the
City o
Costa
Mesa
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF COSTA MESA )
I, EILEEN P. PHINNEY, City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa, hereby certify that
the above and foregoing Ordinance No. 7y l was introduced and
considered section by section at cj regular meeting of said City
Council held on the JPt/G da of 1975 and
y 19751
and
passed and adopted as a whol t a regular meeting of
said City Council held on the _44rZ. day of Yh.rti-cL..�
1975,by the following roll call vote:
AYES: COUNCIL MEMBERS: 7��, "J �� �✓
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
IN WITNESS WHEREOF, I have hereby set my hand and affixed
the Seal of the City of Costa Mesa this ,,Q6 day of %']1 a,-
1975. _1975.
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CIT CLERK and ex -officio Cle
66
of the City Council of the ty
of Costa Mesa