§ 13.32.020. Definitions.

Except where the context otherwise requires, the definitions contained in this Section shall govern the construction of this Chapter:

A.

"Certified arborist" means an individual who has demonstrated knowledge and competency of arboriculture through the obtainment of an arborist certification from the International Society of Arboriculture, or its successor organization if that organization no longer exists, or who is a member of the American Society of Consulting Arborists, or its successor organization if that organization no longer exists.

B.

"Dead tree" means a tree that is no longer alive, has been removed beyond repair, or is in an advanced state of decline (where an insufficient amount of live tissue, green leaves, limbs or branches exists to sustain life) and has been determined to be in such a state by a certified arborist during a non-dormant or other natural stage of the tree that would minimize the likelihood that the tree would be mistakenly identified as being in such a dead state.

C.

"Director" means the Director of Planning, Building and Code Enforcement of the City of San José or such other person designated by the City Manager to administer and enforce the provisions of this Chapter.

D.

"Dripline" means the area around the base of a tree directly under the canopy cover of the tree and extending out as far as the canopy.

E.

"Hazardous condition" shall mean any tree that is or appears to be: (i) dead; (ii) likely to fall; (iii) seriously diseased; (iv) an obstruction or potential obstruction to pedestrian or vehicular travel in any street; (v) an obstruction or potential obstruction to any traffic signs, traffic controls, streetlights, regulatory sign, or similar type of equipment or sign; or (vi) in a condition that is detrimental to the public health, safety, or general welfare.

F.

"Imminently hazardous condition" shall mean a hazardous condition which presents an immediate threat to the health, safety or general welfare of persons or property and/or the public which requires immediate action to abate.

G.

"Invasive Tree" means any Tree that is both non-native and able to establish on many sites within the South San Francisco Bay Area, grow quickly, and spread to the point of disrupting local plant communities or ecosystems.

H.

"Live tree" means any tree that is not a dead tree.

I.

"Ordinance tree" means a tree defined in this section hereinbelow and whose removal or topping is covered by and subject to the provisions of this Chapter.

J.

"Remove" means eliminate, take away, uproot or destroy. For purposes of this Chapter, "remove" also means taking any action that reasonably and foreseeably will lead to the death of a tree or to permanent significant damage to the health or structural integrity of a tree. Such actions can include, without limitation and by way of example, excessive pruning, cutting, girding, poisoning, or watering of a tree; the unauthorized relocation or transportation of a tree; excessive excavation, alteration, or grading of the soil within the dripline of a tree, or excessively bruising, tearing or breaking the roots, bark, trunk or branches of a tree.

K.

"Topping" means cutting the branches of an ordinance tree in a manner that destroys the existing symmetrical appearance or natural shape of the tree and involves the removal of main lateral branches and leaving the trunk of the tree or major branches of the tree with a stub appearance.

L.

"Tree" means any live or dead woody perennial plant characterized by having a main stem or trunk which measures thirty-eight (38) inches or more in circumference at a height of fifty-four (54) inches above natural grade slope. For purposes of this Chapter, a multi-trunk tree shall be considered a single tree and measurement of that tree shall include the sum of the circumference of the trunks of that tree at a height of fifty-four inches above natural grade slope. "Tree" shall include the plural of that term.

M.

"Unsuitable Tree" means a live tree or dead tree on a lot that is used for a one-family dwelling as defined in Section 20.200.320, a two-family dwelling as defined in Section 20.200.330 or any other land use as defined in Title 20 of the San José Municipal Code, where the tree is not a heritage tree as defined in Section 13.32.140, a candidate for heritage tree status, or a palm tree in the Palm Haven Conservation Area and meets at least one of the following criteria:

1.

On any lot used for a one-family dwelling, two-family dwelling, or multi-family dwelling, the part of the tree trunk nearest to the one-family dwelling, two-family dwelling, or multi-family dwelling including any secondary unit or garage on the same lot is five (5) feet or less from the nearest above-grade part of the one-family dwelling, two-family dwelling, or multi-family dwelling, including secondary unit or garage; or

2.

On any lot, the part of the tree trunk nearest to a below-grade utility pipe or line is five (5) feet or less from the centerline of that below-grade utility pipe, below-grade utility line; or

3.

On a lot used for a one-family dwelling or a two-family dwelling, the tree belongs to a species that has been found by the City Council to be uniquely less compatible with the immediate environment because the species is invasive or non-native to the San José region or is susceptible to disease. Such tree species shall be placed on an Unsuitable Tree species list which shall be adopted by the City Council by resolution, which resolution may be amended from time to time to add or delete certain tree species.

4.

A Tree on any lot that creates an Imminently Hazardous Condition as evidenced by a report prepared and executed by a certified arborist that is submitted to the Director documenting that the tree creates an Imminently Hazardous Condition pursuant to the definition set forth in Section 13.32.020 above.

(Prior code § 8931; Ords. 21363, 26595, 29195, 30057.)