El Paso City Code § 9.11.010 General provisions.
9.11.010 - General provisions.
A. Purpose. The purpose of this chapter is to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees located on public property and to prohibit nuisances or hazards caused by trees located on private and public property within the limits of the City of El Paso.
B. Applicability. This chapter applies to all trees located within public property and to trees located on public or private property that create a hazardous condition or nuisance to the general public.
C. Arborist. The arborist shall work with the parks and recreation department and the department of transportation to accomplish all duties that may be required to comply with this chapter of the city code.
D. Definitions. The following definitions apply under this chapter:
1. "Arboricultural Specifications Manual" means the manual containing regulations and standards for the planting, maintenance, and removal of trees located on public property. The manual shall be approved by the city manager or designee.
2. "Damage" means and includes, but not be limited to, the uprooting of a tree, severance of the root or branch system, the compaction of soil around a tree, a substantial change in the natural grade above a root system or around a trunk, or excessive pruning of living tissue.
3. "Public property" means all grounds owned and controlled by the City of El Paso and where the city has the responsibility of maintenance.
4. "Public tree" means any tree with at least two-thirds of its trunk on public property.
5. "Topping" means the severe reduction of the tree's size using heading cuts that shorten limbs or branches back to a predetermined crown size or limit with the result of reducing the natural canopy or disfigure the tree.
6. "Tree" means any self-supporting woody perennial plant typically having a mature trunk(s) diameter of at least three inches measured at twelve inches above grade.
7. "Utility" means public utilities, businesses or organizations in the business of supplying communications services, electrical energy, gas, heat, steam, water, or sewage disposal and treatment.
E. Arborist. The city arborist shall:
1. Administer the provisions of this chapter;
2. Administer the community forestry action plan;
3. Assist the board of parks and recreation in carrying out the duties and responsibilities as specified in Section 2.20.050 C. of this Code; and
4. Administer and, in consultation with the tree board, periodically review and revise as necessary the provisions of the Arboricultural Specifications Manual.
F. Trees located on public property.
1. Destruction or damage of trees prohibited. It is unlawful for any person to intentionally damage, cut, carve, abuse, poison or otherwise harm or injure any tree located on public property. This section does not apply to persons authorized by the city who are taking actions necessary for the preservation and safety of the public or the proper care or maintenance of any tree in accordance with the Arboricultural Specifications Manual. The City of El Paso and its authorized agents, employees, and contractors shall have the authority to trim or remove any trees within public property.
2. Maintenance of trees.
a. The city may plant, prune, maintain and remove trees, plants and shrubs within the lines of all public property, as are necessary to preserve the aesthetic value of such public areas and for the health and safety of the public and trees. Such planting, maintenance or removal will be done in accordance with Arboricultural Specifications Manual.
b. Utilities. No public or private tree other than those species that may attain a mature height no greater than ten feet below an existing overhead utility wire may be planted under or within ten feet of any overhead utility wire on public property. Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors in compliance with the franchise agreements between the city and the utility company.
c. Tree topping. No tree located on public property shall be topped. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be crown reduced where necessary to protect the public health, safety and welfare.
d. Tree protection zone. Whenever city department plans to do construction work around any public tree, proper safe guards and root protection zones as outlined in the Arboricultural Specifications Manual must be approved by the city arborist.
e. Jurisdiction over public property. The directors of the department of transportation and parks and recreation department or their designees shall have the power to perform accepted tree care in accordance with the Arboricultural Specifications Manual. If any tree or any part thereof is in unsafe condition, or is injurious to the common good, or to the sewer pipes, pavements or improvements, or is infested by disease or insects which are dangerous to other trees, the city arborist may remove such trees or part thereof, or spray such tree, or order such tree, or part thereof removed.
G. Trees located on private property. Public nuisances on private property. It is unlawful for a property owner to cause, create, keep, or otherwise permit trees that are dead, or that have transmissible disease infections or insect infestations on private property. Trees that are dead trees or that have transmissible disease infections or insect infestations are declared a nuisance.
1. Authority of city. The city may order that the property owner or agent of the owner of any private property containing a tree(s) that is dead or infected by transmissible disease or infested with insects, remove in the case of a dead tree, or treat or allow the city to treat, the infected or infested tree(s) located on private property. Upon complaint or observation meriting further inspection, the city shall have the authority to enter upon private lands to make field inspections, including the removal of specimens for any laboratory analysis that may be necessary to determine the presence of a transmissible infection or infestation.
2. Issuance of order. When the city determines that a tree is dead or that the tree has an infectious disease or insect infestation, the city shall assess the need for immediate action to curb a hazardous condition in the case of a dead tree, or spread of the infection or infestation to other trees. If the dead tree is determined by the city to pose a hazardous condition, or if infection or infestation warrants immediate action to prevent spread to other trees, the city may order the property owner to immediately treat, remove or dispose of the dead or infected or infested trees, or allow the city to do so. If the dead tree or the infection or infestation does not warrant immediate action, the city may order that the property owner or agent of the owner treat, or remove and dispose of dead or infected or infested tree within a specified time, but not less than thirty days from the date of the order. The city's order shall be delivered by certified mail (return receipt requested) or by hand delivery to the property owner, or to any agency having the authority to lease, rent, sell, manage or take care of the property on which the tree at issue originates. If the city's order cannot be hand delivered, or the property owner's address cannot be ascertained from the records recorded in the central appraisal district, the city's order may be provided by publication at least once in a newspaper of general circulation, by posting the order on or near the front door of the main building on the property where the tree at issue originates or by posting the order on a placard attached to a stake driven into the ground on the property where the tree at issue originates, if the property contains no buildings. In the sole discretion of the city, if the owner or agent of the owner does not satisfactorily complete the necessary work within the time allowed by the city's order, the city may enter upon the property to treat, to remove, or to destroy the dead or infected or infested tree(s) by approved practice.
3. Property owner appeal of order to appeal board. If the property owner wishes to appeal the city's order on the basis that the tree is not dead or infested or infected, such appeal must be received by the City Manager or designee within ten days of receipt of the city's order. The appeal must be in writing. Once the appeal is received by the City Manager or designee, the City Manager or designee shall notify the appeal board so that the board may schedule a date for the appeal to be heard within thirty days of the City Manager's receipt of said appeal. The appeal board shall consist of the City Arborist and two directors designated by the City Manager. An official from the Texas Forest Service may serve as an ex-officio member, without the right to vote, and he shall not be counted for purposes of establishing a quorum. The City Manager or designee will be responsible for notifying the property owner of the appeal date, providing all the necessary documents to the board, and conducting the appeal. The board shall render a decision based on all the evidence and documentation presented. The City Manager or designee shall notify the property owner of the board's decision in the form of a written report indicating the board's findings and the decision.
4. Further appeal to district court. The board's decision is final unless within twenty calendar days from the date of the board's decision, the property owner files an appeal in district court.
5. City abatement of infestation or infection or removal of a dead tree. If the property owner fails to complete any work required to be done by the city within the time specified, the city may cause the work to be done and the cost of the same shall be assessed against the property owner. Any notice given pursuant to this section shall state that if the work required is not done within the time specified, the city will cause the same to be done at the expense of the property owner. A statement of the costs incurred by the city shall be mailed to the property owner and such statement shall be paid within thirty days of the date of mailing thereof. If any property owner is unable to pay the cost of such work within thirty days, he may enter into an agreement for the payment of the same in monthly installments. If the property owner fails to pay the costs incurred by the city or fails to enter into an agreement for payment of the costs and pay such cost in accordance with the agreement, civil action by the city to recover the costs may be pursued and the city attorney is authorized, without further authorization from city council, to institute any civil suit necessary to recover the costs incurred by the city, to include costs associated with the civil suit.
H. Any person who shall cause, create, keep, or otherwise permit a nuisance declared under this chapter or any person who intentionally damages, cuts, carves, abuses poisons or otherwise harms or injures any tree located on public property shall be guilty of a misdemeanor, and upon conviction thereof shall be fined as provided in Sections 1.08.010, 1.08.020 and 1.08.030. Each day that such nuisance shall continue shall constitute a separate offense; provided, the imposition of a penalty hereunder shall not abrogate the right of the city to cause the abatement of any nuisance.
(Ord. 16812 § 9, 2007; Ord. 16657 § 1, 2007) (Ord. 17204, § 3, 9-22-2009; Ord. No. 17392, § 1, 8-24-2010, eff. 9-1-2010; Ord. No. 17740, § 1, 3-6-2012; Ord. No. 17804, § 1, 6-5-2012, eff. 6-11-2012; Ord. No. 18448, § 1, 12-8-2015)