12. Ord. 08-2025 tree pruningCITY OF
CUPEi~TINO
City of Cuperrtirr-o
10300 Torre Avenue
Cupertino, CA 95014
(408)777-3251
FAX (408)777-3333
Community Development Department
SUMMARY
Agenda Item No.
I~
Agenda Date: March 18, 2008
Application
Applicant:
MCA-2008-01
City of Cupertino
Application Summary: Municipal Code Amendment of Chapter 9.22 of the Cupertino
Municipal Code (Property Maintenance) to prohibit excessive pruning of trees (tree
stumps).
RECOMMENDATION:
Staff recommends that the City Council approve the proposed amendments to Chapter
9.22 (Property Maintenance) and conduct a first reading of the Model Ordinance
attached as Exhibit A.
BACKGROUND:
On February 20, 2007, the City Council adopted the 2007-2008 Work Program that
includes a Planning project goal (Item 7E) that addresses tree topping under the
Property Maintenance standards of the City's Municipal Code. The Council proposed
this project goal after noticing the unsightly appearance of tree stumps, or remnants of
trees, on several properties that have been excessively pruned (see examples in Exhibit
B). The Council requested that amendments be made to the Property Maintenance
ordinance to prohibit and require removal of such tree stumps.
DISCUSSION:
Planning staff worked with the City Attorney to draft amendments to the Property
Maintenance ordinance (Chapter 9.22) to address the Council's request to address tree
stumps. The proposed revisions update other sections of the ordinance to clarify the
parameters under which unlawful acts are determined and what the penalty could be for
violation of the ordinance. The following summarizes the changes in the attached draft
ordinance (See Exhibit A). The attached draft ordinance includes strikeouts for deleted
language and underlines for proposed additional language:
1. Section 9.22.U20 Unlawful Acts
a. Added language to clarify that any real property, including City=owned
property, is subject to the Property Maintenance ordinance.
b. Clarified that any of the unlawful listed conditions shall not be visible from
a public street or sidewalk. The reference to "right-of-way" has been
deleted.
12-1
MCA-2008-01
Property Maintenance Ordinance Amendments
March 18, 2008
Page 2
c. Added a new Section E that lists a tree stump as an unlawful act, if it meets
the definition as provided. A tree stump has been defined as the base part
of a tree or the trunk protruding above ground in which 90 % or more of the
foliage or canopy of the tree has been removed, and where the trunk height
is greater than two and a half feet and the trunk diameter is greater than six
inches. An exception to this section is granted where a tree has been
pollarded in accordance with the American National Standards Institute
pollarding standards.
d. Renumbered subsequent existing unlawful acts listed in this section.
2. Section 9.22.040 Nuisance
This section has been deleted and replaced with a "Penalties' section that clearly
indicates that a violation may be considered a misdemeanor punishable in
accordance with Chapter 1.12 (General Penalty) of the Cupertino Municipal Code,
in addition to a public nuisance that may be abated by remedies provided in
Section 1.12.030 of the General Penalty ordinance. A misdemeanor is punishable
by a fine not to exceed $1,000, imprisonment for a term not exceeding six months,
or both such fine and imprisonment.
3. Section 9.22.050 Enforcement of Other Laws Unaffected
Language has been added to clarify that nothing in this chapter affects the power
of the City or law enforcement to prosecute violations of other ordinance in the
City, including provisions of Chapter 1.09 (Nuisance Abatement) and Chapter
1.12.030 regarding nuisance abatement.
Prepared by: Aki Honda Snelling, Senior Planner
Submi
i
``" Steve Piasecki
Director of Community Development
Approved by:
David W. Knapp
City Manager
Attachments ~ .
Exhibit A: Model Ordinance, including a version without strikethroughs and underlines
Exhibit B: Photos of tree stumps
12-2
EXHIBIT A
ORDINANCE NO.08-
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
AMENDING CHAPTER 9.22 (PROPERTY
MAINTENANCE) OF THE CUPERTINO MUNICIPAL
CODE TO PROHIBIT E7~CESSIVE PRUNING OF TREES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
THAT CHAPTER 9.22 OF THE CUPERTINO MUNICII'AL CODE IS AMENDED TO READ
AS FOLLOWS:
CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
9.22.030 Exemptions.
9.22.040 ~ Penalties.
9.22.050 Enforcement of other laws unaffected.
9.22.060 Notice to Franchise Tax Board.
9.22.010 P urpose. .
The purpose of this chapter is to promote the health, safety and welfare of the people of the
City of Cupertino, and to protect the City's neighborhoods against blighting and deteriorating
influences or conditions that contribute to the downgrading of neighborhood aesthetics and
property values by establishing minimum standards, in addition to standards contained in other
laws, rules and regulations, for the maintenance of all building exteriors, premises and vacant
land. ,
9.22.020 Unlawful Acts.
Except for any property which has been approved by the City for such use, no owner, agent or
lessee or other person occupying or having control of any real property ~includin~ City property
within the City shall maintain or allow to be maintained any of the following conditions in any
front, side or back yard areas visible from a public street or sidewa
A. The storage of any refrigerator, washing machine, sink, stove, heater, boiler, tank, or
any other household appliance, equipment, machinery or furniture other than that designed and
used for outdoor activities or any part of any listed item for a period in excess of seventy-two
consecutive hours;
B. An accumulation of glass, paper, metal, plastic or other recyclables;
12-3
Ordinance No. 08- 2
C. Dead, decayed or diseased trees, weeds or other vegetation likely to cause a fire or
health hazard, an infestation or a habitat for rodents;
D. An accumulation of litter, junk, machine parts, scrap material, waste paper, boxes and
cartons, packing materials, combustible trash, tires or vehicle parts;
E. A tree stump (or stumps) with a trunk diameter greater than 6 inches (6") and a height of
greater than two and one-half (2.5') feet. As used herein "tree stump" means the base part of a
tree or the tnuik protruding above ground in which 90% or more of the foliage or canop o~ f the
tree has been removed. Excepted from this prohibition are trees which are pollarded
accordance with the American National Standards Institute (ANSI) A300-2001 standards. This
prohibition applies to stumps of all trees in the City including those described in Chapters 14.12
(Street Trees) and in Chapter 14.18 (Protected Trees).
EF. The maintenance of any structure in a state of substantial deterioration, such as peeling
paint on a facade, broken windows, damaged porches, broken steps, roofs in disrepair and other
such deterioration or disrepair not
otherwise constituting a violation, where such condition would have a tendency to depreciate the
aesthetic and property values of surrounding properties;
pG. A lack of adequate landscaping or groundcover sufficient to prevent blowing dust and
erosion;
6H. Except for construction purposes on a continuous basis for a period not to exceed six
months any storage of sand, dirt, gravel, concrete or any similar materials liable to constitute an
attractive nuisance hazardous to small children;
I4I. Except for construction purposes on a continuous basis for a period not to exceed six
months any storage of lumber, salvage materials, building materials or fixtures. (~3r~9-3;
9.22.030 Exemptions.
The provisions of this chapter shall not apply in the following circumstances where:
1. Building materials and equipment are stored during the period of time continuous
construction is occurring on the property;
2. The property owner, agent or lessee has' a valid permit from the city, state or federal
government to maintain the condition. ~n,-a ' ~°~, ~,..,..f~~ ' °°4'
9.22.040 ~t~ri~neePenalties.
+s ic-~i-'rc~`j'-Zrcai..;l .,a .,,, , l.o .,1..,~°~.7 p,.",.~'^"'t-o 1'~p^Te~ 1 n~1 ~ f+l.;~ ., ;'a°. ~v.u. '1'7n/r fir.,'-tip
~-938~Any uerson who violates the provisions of this Chapter shall upon conviction be ug_ilty of a
misdemeanor pwiishable in accordance with the provisions of Chapter 1.12.
9.22.050 Enforcement of Other Laws Unaffected.
Nothing in this chapter affects the power of the City or authorized law enforcement officers to
prosecute violators of any statute of the State of California or other ordinances of the City. {9~
' '7°~ ~,...,..~' ' °°41~including the provisions of Chapters 1.09 and Section 1.12.030 regarding
> >
nuisance abatement.)
12 - 4~ I
Ordinance No. 0$- 3
9.22.060 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating to substandard housing within six
months or the time prescribed in a written notice of violation, whichever is later, the City
Manager or his designee may submit a notice of noncompliance to the Franchise Tax Board to
prohibit individuals, banks and corporations from claiming
deductions for interest, taxes, depreciation or amortization with respect to the substandard
housing pursuant to the provisions of Sections 17274 and 24436.5, as applicable, of the
California Revenue and Taxation Code. i^~a '''~~, ~r~-~~, ~ n~4~
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the 18"' day of March, 2008 and ENACTED at a regular meeting of the City Council
of the City of Cupertino-the of 2008, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
City Clerk Mayor
12 -'~
ORDINANCE NO.08-
AN ORDINANCE OF THE CUPERTINO.CITY COUNCIL
AMENDING CHAPTER 9.22 (PROPERTY
MAINTENANCE) OF. THE CUPERTINO MUNICIPAL
CODE TO PROHIBIT EXCESSIVE PRUNING OF TREES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAIN
THAT CHAPTER 9.22 OF THE CUPERTINO MLTNICIl'AL CODE IS AMENDED TO READ
AS FOLLOWS:
CHAPTER 9.22: PROPERTY MAINTENANCE
Section
9.22.010 Purpose.
9.22.020 Unlawful acts.
9.22.030 Exemptions.
9.22.040 Penalties.
9.22.050 Enforcement of other laws unaffected.
9.22.060 Notice to Franchise Tax Board.
9.22.010 Purpose.
The purpose of this chapter is to promote the health, safety and welfare of the people of the
City of Cupertino, and to protect the City's neighborhoods against blighting and deteriorating
influences or conditions that contribute to the downgrading of neighborhood aesthetics and
property values by establishing minimum standards, in addition to standards contained in other
laws, rules and regulations, for the maintenance of all building exteriors, premises and vacant
land.
9.22.020 Unlawful Acts.
Except for any property which has been approved by the City for such use, no owner, agent or
lessee or other person occupying or having control of any real property (including City property)
within the City shall maintain or allow to be maintained any of the following conditions in any
front, side or back yard areas visible from a public street or sidewalk:
A. The storage of any refrigerator, washing machine, sink, stove, heater, boiler, tank, or
any other household appliance, equipment, machinery or furniture other than that designed and
used for outdoor activities or any part of any listed item for a period in excess of seventy-two
consecutive hours;
B. An accumulation of glass, paper, metal, plastic or other recyclables;
C. Dead, decayed or diseased trees, weeds or other vegetation likely to cause a fire or
health hazard, an infestation or a habitat for rodents;
D. An accumulation of litter, junk, machine parts, scrap material, waste paper, boxes and
cartons, packing materials, combustible trash, tires or vehicle parts;
12-6
Ordinance No. 08- 2
E. A tree stump (or stumps) with a trunk diameter greater than 6 inches (6") and a height of
greater than two and one-half (2.5') feet. As used herein "tree stump" means the base part of a
tree or the trunk protruding above ground in which 90% or more of the foliage or canopy of the
tree has been removed. Excepted from this prohibition are trees which are pollarded in
accordance with the American National Standards Institute (ANSI) A300-2001 standards. This
prohibition applies to stumps of all trees in the City including those described in Chapters 14.12
(Street Trees) and in Chapter 14.18 (Protected Trees).
F. The maintenance of any structure in a state of substantial deterioration, such as peeling
paint on a facade, broken windows, damaged porches, broken steps, roofs in disrepair and other
such deterioration or disrepair not
otherwise constituting a violation, where such condition would have a tendency to depreciate the
aesthetic and property values of surrounding properties;
G. A lack of adequate landscaping or groundcover sufficient to prevent blowing dust and
erosion;
H. Except for construction purposes on a continuous basis for a period not to exceed six
months any storage of sand, dirt, gravel, concrete or any similar materials liable to constitute an
attractive nuisance hazardous to small children;
I. Except for construction purposes on a continuous basis for a period not to exceed six
months any storage of lumber, salvage materials, building materials or fixtures.
9.22.030 Exemptions.
The provisions of this chapter shall not apply in the following circumstances where:
1. Building materials and equipment are stored during the period of time continuous
construction is occurring on the property;
2. The property owner, agent or lessee has a valid permit from the city, state or federal
government to maintain the condition.
9.22.040 Penalties.
Any person who violates the provisions of this Chapter shall upon conviction be guilty of a
misdemeanor punishable in accordance with the provisions of Chapter 1.12.
9.22.050 Enforcement of Other Laws Unaffected.
Nothing in this chapter affects the power of the City or authorized law enforcement officers to
prosecute violators of any statute of the State of California or other ordinances of the City.
(including the provisions of Chapters 1.09 and Section 1.12.030 regarding nuisance abatement.)
9.22.060 Notice to Franchise Tax Board.
If a property owner fails to correct a violation relating to substandard housing within six
months or the time prescribed in a written notice of violation, whichever is later, the City
Manager or his designee may submit a notice of noncompliance to the Franchise Tax Board to
prohibit individuals, banks and corporations from claiming deductions for interest, taxes,
12-7
Ordinance No. 08-
3
depreciation or amortization with respect to the substandard housing pursuant to the provisions
of Sections 17274 and 24436.5, as applicable, of the California Revenue and Taxation Code.
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the City within 15 days after its adoption, in
accordance with Government Code Section 36933, shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the 18`h day of March, 2008 and ENACTED at a regular meeting of the City Council
of the City of Cupertino the of 2008, by the following vote:
PASSED:
Vote: Members of the City Council
Ayes:
Noes:
Absent:
Abstain:
ATTEST: APPROVED:
City Clerk
Mayor
~2-a
Photos of Tree Stumps
EXHIBIT B
.~. ~; .
Wit: ~.~;_
12-9
~:,
EXHIBITS
BEGIN
HERE
Silicon Valley
` Association of REALTORS
March 18, 2008
The Honorable Dolly Sandoval
Mayor
Cupertino City Council
Cupertino, CA 95014-3202
Dear Mayor Sandoval and Councilmembers,
CL 3/1~~0~
~/~
F'~HIBI~'
The Silicon Valley Association of REALTORS® (SILVAR) is a trade association
representing over 4,200 real estate professionals in Santa Clara and San Mateo Counties
and is an historical advocate for the protection of private property rights. We would like
to comment on agenda item 12, the code amendments to Municipal Code Chapter 9.22.
We support the continued effort by the City of Cupertino to uphold reasonable levels of
property upkeep and deter blight on private property. The addition of large tree stumps as
a blight on real property is a fair complement to the existing ordinance.
We respectfully request a clarification of modifications made to chapter 9.22.040,
currently titled Nuisance. We are concerned the strict interpretation of the amended
version of this chapter will no longer require the city to notice property owners of the
need to abate "Unlawful Acts" as defined in chapter 9.22.020, before punishing property
owners. The amended version strips the "Unlawful Acts" definition as a nuisance and
their enforcement under the nuisance abatement ordinance Chapter 1.09, and in its place
inserts "Any person who violates the provisions of this Chapter shall upon conviction be
guilty of misdemeanor punishable in accordance with the provisions of Chapter 1.12."
Chapter 1.12, references an abatement and noticing process for buildings and structures
in violation of building and zoning codes that are considered nuisances. Since Chapter
9.22 is in the Heath and Sanitation Codes, the "Unlawful Acts" in Chapter 9.22.020 do
not involve buildings or structures besides the current section E, and the amended version
of 9.22.040 only references the authorization of punishment under Chapter 1.12, property
owners will now lose their current right to notice and request for abatement before being
penalized. We believe the current version of Chapter 9.22.040 already gives authority to
the city to pursue penalties, because Chapter 1.09.160 allows "Any person who violates
the provisions of this chapter shall be guilty of an infraction and, upon conviction thereof,
shall be punished as provided in Chapter 1.12." This already allows the action requested
under the amended version of 9.22.040 pending before Council and keeps the abatement
and noticing requirements in place.
19400 Stevens Creek Blvd., Suite 100 • Cupertino, CA 95014
Phone: 408.200.OI00 • Fax: 408.200.0101 • www.silvar.org
c c 31 ~~1~~
F`(HIBI
CHAPTER 1.12: GENERAL PENALTY*
Section
1.12.010 Violation of code
1.12.020 Each day a separate offense
1.12.030 Public nuisance abatement
* For statutory provisions authorizing cities to
impose fines up to $1,000, imprisonment up to
six months, or both, see Gov. Code § 36901
~~~-- 1.12.010
1.12.020 Each Day a Separate Offense.
A person committing as act designated in
Section 1.12.010 is guilty of a separate offense for each and
every day during any portion of which any violation of any
ordinance of the city is committed, continued or permitted
by the person, and is punishable as provided in
Section 1.12.010. (Ord. 1697, (part), 1995; Ord. 829,
(part), 1977; Ord. 500, § 2, 1971)
1.12.010 Violation of Code.
A. It is unlawful for any person to perform any act
that is prohibited, made or declared to be unlawful or an
offense by the code, or to violate any provision or fail to
comply with any of the requirements of this code. A
violation of any provisionor failing to comply with any of
the mandatorS+ requirements of the code shall consttt~ a
misdemeanor, except where the violation >s_=callY
d to be an ac on.
otwithstanding the above, any violation
constituting a misdemeanor may, in the discretion of the
City Attorney, be charged and prosecuted as an infraction.
C. When a violation of a provision of this code
which otherwise constitutes an infraction continues to occur
and the violator has been charged with a violation of the
same provision as an infraction on at least four separate
occasions and within one year has forfeited bail on each
such occasion, is that event, the City Attorney, in his or her
discretion, may charge a violation of any such provision as
a misdemeanor.
D. Unless otherwise specified by this code, an
infraction is punishable by:
1. A fine not to exceed $100 for a first violation;
2. A fine not to exceed $200 for a second violation
of the same chapter of this code within one year; and
3. A fine not to exceed $500 for a third violation of
the same chapter of this code within one year.
E. Unless otherwise specified by this code, a
misdemeanor is punishable by a fine not to exceed $1,000,
imprisonment for a term not exceeding six months, or by
both such fine and imprisonment. (Ord. 1886, (part), 2001;
Ord. 1697, (part), 1995; Ord. 1497, § 1, 1989; Ord. 1179,
§ 1, passed 1982; Ord. 854, (part), 1978; Ord. 829, (part),
1977; Ord. 692, § 1, 1975; Ord. 500, § 1, 1971)
1.12.030 Public Nuisance Abatement.
Without limitation to any of the provisions specified in
Sections 1.12.010 and 1.12.020, any building or structure
set up, erected, constructed, altered, enlarged, converted,
moved or maintained contrary to the provisions of any
zoning or building ordinance of the city, or any rule,
regulation or order issued or promulgated pursuant thereto,
and/or any use of any land, building or premises conducted,
operated or maintained contrary to the provisions of any
zoning or building ordinance of the city, or any rule,
regulation or order issued or promulgated pursuant thereto,
is unlawful and a public nuisance, and the City Attorney
shall, upon order of the City Council, immediately
commence an action or proceedings for the abatement or
removal and enjoinment thereof in the manner provided by
law, and shall take such other steps and shall apply to such
court or courts as may have jurisdiction to grant the relief
as will abate anti remove the buildings or structure, and
restrain and enjoin any person, firm or corporation, whether
as principal, agent, employee or otherwise from setting up,
erecting, building, maintaining or using any such building
or structure, or using any property contrary to the
provisions of any such zoning or building ordinance, or any
rule, regulation or order issued or promulgated pursuant
thereto. (Ord. 500, § 3, 1971)
13
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