Title
Staff Report for City Council Discussion of Potential Amendment of Section 5-2-200 of the City of San Leandro Municipal Code Related to Fines for the Unlawful Removal, Pruning, Injury, or Destruction of any City Tree
Staffreport
SUMMARY AND RECOMMENDATIONS
Staff requests that the City Council review the information presented and provide direction to staff.
BACKGROUND
The City Council previously requested information on the City's current process for assessing fines associated with illegal City tree removals and/or pruning.
All City trees, including City street trees (defined as trees planted and maintained by the City that are located within the public right-of-way) are the property of the City. Chapter 5-2 of the City of San Leandro Municipal Code includes the following language:
"The [Public Works] Director shall have exclusive authority, except as hereinafter provided, to plant, remove, prune, inspect, maintain, root prune or otherwise alter such street trees." (SLMC Section 5-2-205)
"It shall be unlawful, a public nuisance, and an infraction punishable by a One Hundred Dollar ($100) fine for any person to plant, remove, prune, injure or destroy any street tree, as hereinafter defined, except in conformance with the provisions of this Chapter." (SLMC Section 5-2-200)
Analysis
When Public Works is notified of a situation where a City tree, including a street tree, has been illegally removed and/or pruned, after investigation or confirmation, the current practice is to require the responsible party to pay $100 to the City for a replacement tree (for those situations where a tree was cut down) to be planted by Public Works staff. For instances of pruning, a note is made in the City's Tree Inventory database, so that if the tree dies in the future, the City may cite the responsible party, after investigation or confirmation, for payment of a replacement tree. In cases of illegal pruning, based on the extent and how the tree was pruned, and espec...
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