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File Number: 19-503 <br />(d) STREET TREE: “Street tree” shall mean that plant of arborescent form planted and <br />maintained by the City within the public right-of-way. <br />5-2-200 PROHIBITIONS. <br />It shall be unlawful, a public nuisance, and an infraction punishable by a One Hundred up to a <br />One Thousand Dollar ($1,000) fine for any person to plant, remove, prune, injure or destroy any <br />street tree, as hereinafter defined, except in conformance with the provisions of this Chapter. <br /> <br />5-2-210 REQUESTS FOR REMOVAL, PRUNING. <br />Any person may request the removal, spraying, pruning, root pruning, or replacement of a <br />street tree on, or adjacent to in the right-of-way abutting his or her property. Upon such request, <br />the Director may inspect such tree, and in his or her sole and exclusive determination, cause the <br />removal, spraying, pruning, root pruning, or replacement of such street tree. <br /> <br />5-2-215 REQUESTS FOR REMOVAL, PRIVATE WORKS. <br />Upon approval of the Director, any person requesting street tree service pursuant to Section <br />5-2-210 may undertake such work privately or by agreement with a private nursery or tree service. <br />Such work shall conform with all of the following, in the sole and exclusive determination of the <br />Director: <br />(a) There is sufficient assurance that such work will be properly undertaken and, except in <br />cases of removal, will not irrevocably damage the street tree; and The property owner shall <br />obtain an encroachment permit from the Engineering & Transportation Department prior <br />to pruning or removal of a City tree. <br />(b) There is sufficient assurance that the public safety will not be impaired. To this end the <br />Director may require a public liability and property damage insurance policy, permit and <br />processing fee. The tree removal shall include stump-grinding, with return of the planting <br />area to either softscape or hardscape that does not create a tripping hazard. <br />(c) If a replacement tree is not requested, the property owner shall be required to pay <br />the City the fee set forth in §6.4.100 of the San Leandro Administrative Code for a tree to <br />be planted in a location of the City’s choosing. <br /> <br />5-2-225 DUTY OF UTILITY TO PROTECT TREES, EXCAVATIONS. <br />(a) It shall be the duty of any person owning or operating any utilities within the public <br />right-of-way (including, but not limited to water, sewers, gas, electrical, telephone, fiber optics, <br />and cable television services) to maintain such utilities in a manner to prevent damages to street <br />trees. <br /> <br />5-2-230 LIABILITY, TREE DAMAGE. <br />The provisions of this Chapter shall not be construed to release or relieve any owner or real <br />property within the City of San Leandro from a duty to maintain his or her property, including such <br />portions of the public right-of-way that are the maintenance responsibility of the property owner. <br />Provided, however, in the sole and exclusive determination of the Director whenever damage to <br />the public right-of-way is directly caused by the action of a street tree, the City may repair and/or <br />reconstruct the right-of-way improvements exclusively or on any proportional cost basis <br />determined by the Director as set forth in the City’s Sidewalk Repair Program (specifically, <br />§8.1.120 of the San Leandro Administrative Code). This section shall not be construed as <br />Page 2 City of San Leandro Printed on 10/16/2019 <br />377