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Director may inspect such tree, and in his or her sole and exclusive determination, cause
<br />the removal, pruning, root pruning, or replacement of such street tree.
<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
<br />service. Such work shall conform with all of the following:
<br />(a) The property owner shall obtain an encroachment permit from the Engineering
<br />& Transportation Department prior to pruning or removal of a City tree.
<br />(b) The tree removal shall include stump -grinding, with return of the planting area
<br />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
<br />pay the City the fee set forth in §6.4.100 of the San Leandro Administrative Code for a tree
<br />to be planted in a location of the City's choosing.
<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
<br />public right-of-way (including, but not limited to water, sewers, gas, electrical, telephone,
<br />fiber optics, and cable television services) to maintain such utilities in a manner to prevent
<br />damages to street trees.
<br />5-2-230 LIABILITY, TREE DAMAGE.
<br />The provisions of this Chapter shall not be construed to release or relieve any owner
<br />or real property within the City of San Leandro from a duty to maintain his or her property,
<br />including such portions of the public right-of-way that are the maintenance responsibility
<br />of the property owner. Provided, however, in the sole and exclusive determination of the
<br />Director whenever damage to the public right-of-way is directly caused by the action of a
<br />street tree, the City may repair and/or reconstruct the right-of-way improvements
<br />exclusively or on any proportional cost basis as set forth in the City's Sidewalk Repair
<br />Program (specifically, §8.1.120 of the San Leandro Administrative Code). This section
<br />shall not be construed as creating an additional cause of action or liability on behalf of any
<br />property owner, person or the City.
<br />SECTION 3. SEVERABILITY
<br />If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this
<br />Ordinance, or its application to any person or circumstance, is for any reason held to be
<br />invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or
<br />enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences,
<br />clauses or phrases of this Ordinance, or its application to any other person or circumstance.
<br />The City Council of the City of San Leandro hereby declares that it would have adopted
<br />each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof,
<br />irrespective of the fact that any one or more other sections, subsections, subdivisions,
<br />paragraphs, sentences, clauses or phrases hereof is declared invalid or unenforceable.
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