§ 12.40.020. Definitions.  


Latest version.
  • For the purposes of this chapter, the meaning and construction of words and phrases hereinafter set forth shall apply:

    "Claimant" means any individual who files a bona fide hazardous tree claim as required by the terms and provisions of this chapter.

    "Corrective action" means any specific requirement to resolve a hazardous tree claim.

    "Crown reduction" means the reduction in height and/or spread of a tree accomplished through the selective removal of branches and/or trunks such that the lateral to which a branch or trunk is cut is at least one-half the diameter of the cut being made.

    "Hazardous tree" means any tree which poses an imminent threat to life or property, as determined by inspection using the criteria established by Section 12.40.030.

    "Hazardous tree arbitrator" means any forester registered and licensed by the state of California.

    "Hazardous tree claim" means the written basis for arbitration under the terms and conditions of this chapter, submitted by the claimant which clearly presents the following:

    1.

    The precise nature of the alleged hazardous tree situation including all pertinent and corroborating physical evidence available;

    2.

    The exact location of the tree alleged to be a hazard, the address of the property upon which the tree is located, and the tree owner's name and address. This requirement may be satisfied by the inclusion of tree location, property address, and tree owner information on a survey or plot plan submitted with the hazardous tree claim;

    3.

    Any mitigating actions proposed by the parties involved to resolve the alleged hazardous tree claim;

    4.

    Documentation of personal communication between the claimant and the tree owner which failed to resolve the alleged hazardous tree situation as set forth in Section 12.40.040. The claimant must provide physical evidence that written attempts at reconciliation have been made and failed. Such evidence may include, but is not limited to, copies of and receipts for certified or registered mail correspondence.

    "Thinning" means the selective removal of entire branches from a tree, so as to improve the tree's structural condition.

    "Tree" means any woody perennial plant, usually with one main trunk, attaining a height of at least eight feet at maturity.

    "Tree owner" means any individual or entity owning real property in the city upon whose land is located the tree that forms the basis for the filing of a hazardous tree claim.

    "Tree removal" means the complete removal of any tree.

(Prior code § 7-10.2)