[HISTORY: Adopted by the City Council of
the City of Rockwood as Ch. 1026 of the 1989 Codified Ordinances;
amended 7-17-1996 by Ord. No. 346. Subsequent amendments noted where
applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
Includes his or her duly authorized agents.
Includes all land lying between the property lines on either
side of public streets, boulevards and alleys.
Includes all public parks having individual names.
Includes all other grounds owned by the City.
Includes all woody vegetation.
The Director of Public Works shall have control
over all trees located within the street rights-of-way and parks in
the City and the planting, care and removal thereof, subject to the
regulations contained in this chapter. The owner of land abutting
on any street may, upon obtaining prior written permission from the
Director, prune, spray, plant or remove trees in that part of the
street abutting his or her land not used for public travel, but no
person shall otherwise prune, spray, plant or remove any tree in any
street or park. Every such permit shall specify the extent of the
authorization and the conditions to which the permit is subject. Where
an owner of abutting property requests the removal of a tree, the
Director is hereby authorized, in his or her discretion, to require,
as a condition to granting approval for such removal, that such property
owner make the removal in accordance with regulations established
by the Department and assume all or any part of the costs of removing
such tree.
The Department of Public Works shall have the
right to plant, trim, spray or preserve any trees, plants and shrubs
within the lines of all streets, alleys, avenues, lanes, squares and
public grounds, as may be necessary to ensure safety or to preserve
the symmetry and beauty of such public grounds. The Director may remove,
or cause or order to be removed, any tree or part thereof which is
in an unsafe condition, of a prohibited species or infected with any
injurious disease, fungus, insect or other pest. Whenever the Department
shall remove any tree, plant or shrub solely for the purpose of constructing
any public work, the Director shall, if practicable, replace the same,
at public expense, at some nearby location by planting another tree,
plant or shrub, not necessarily of the same type.
Future planting of shade and ornamental trees
in the streets, parks and public places of the City may be done by
the Department upon payment of certain fees and charges and in accordance
with such rules and regulations as may be established by Council insofar
as such rules and regulations do not conflict with any other provisions
of this chapter. No future planting of shade and ornamental trees
or shrubs in the highways, parks and public places of the City by
owners or anyone employed by them shall be permitted without the approval
of the Director. Trees shall be spaced not less than 50 feet apart,
except that when any lot is 50 feet or less in width, one tree may
be planted per lot. The tree shall be placed at the mid-point between
the edge of the curb and the edge of the sidewalk, and a minimum distance
of four feet between sidewalk and tree and between tree and curb shall
be maintained wherever possible.
No person shall break, injure, mutilate, kill
or destroy any tree or shrub; set any fire within 10 feet of any tree;
or permit any fire, or the heat thereof, to injure any portion of
any tree. No toxic chemicals or other injurious materials shall be
allowed to seep, drain or be emptied on, near or about any tree. No
electric wires or any other lines or wires shall be permitted to come
in contact with any tree or shrub in any manner that shall cause damage
thereto, and no person shall attach any electric insulation to any
tree. No person shall use any tree as an anchor except by written
permit from the Director, and no sign, poster, notice or other material
shall be attached or fastened to or hung on any tree. All persons
having under their care, custody or control facilities which may interfere
with the trimming or removal of any tree shall, after notice thereof
by the Department, promptly abate such interference in such manner
as shall permit the trimming or removal of such tree by the Department.
Excavations and driveways shall not be placed
within five feet of any tree without written permission from the Director.
Any person making such excavation or construction shall guard any
tree within six feet thereof with a good substantial frame box to
be approved by the Department, and all building material or other
debris shall be kept at least four feet from any tree.
No person shall place within the street right-of-way
any stone, brick, sand, concrete or other material which will, in
any way, impede the full and free passage of water, air or fertilizer
to the roots of any tree, except a sidewalk of authorized width and
location.
A.
The owner of any tree on private property overhanging
any street or right-of-way within the City shall trim the branches
so that such branches shall not obstruct the light from any street
lamp or obstruct the view of any street intersection and so that there
shall be a clear space of eight feet above the surface of the sidewalk
and any part of the street right-of-way except roadway, and at least
10 feet above any roadway or part of any street intended for vehicular
traffic. Such owner shall remove all dead, diseased or dangerous trees
or broken or decayed limbs which constitute a menace to the safety
of the public.
B.
The City shall have the right to trim any tree or
shrub on private property when such tree or shrub interferes with
the proper spread of light along the street from a streetlight, or
interferes with the visibility of any traffic control device or sign,
such trimming to be confined to the area immediately above the right-of-way.
A.
All shrubs and bushes located on the triangle formed
by two right-of-way lines at the intersection of two streets, and
extending for a distance of 20 feet each way from the intersection
of the right-of-way lines on any corner lot within the City, shall
not be permitted to grow to a height of more than 30 inches in height
from top of curb at street level, in order that the view of the driver
of a vehicle approaching a street intersection shall not be obstructed.
Trees may be planted and maintained on private property in this area,
provided that all branches are trimmed to maintain a clear vision
for a vertical height of eight feet above the roadway surface.
B.
The owner of any property failing to trim any trees,
shrubs or bushes in conformity with this section shall be notified
by the Director to do so, and such notice shall require trimming in
conformity with this section within 10 days after the date of such
notice. Upon the expiration of such period, the Director may cause
the trimming to be done and the cost thereof may be collected from
the owner of said property as a single-lot assessment in accordance
with the City Charter.
A.
Private trees. When the Director of Public Works shall
discover that any tree growing on private property within the City
is afflicted with any dangerous and infectious insect infestation
or tree disease, he or she shall forthwith serve a written notice
upon the owner or his or her agent, or the occupant of the property,
in the manner specified in § 235-12, describing the tree,
its location and the nature of the infestation or tree disease and
ordering the owner, agent or occupant to take such measures as may
be reasonably necessary to cure such infestation or disease and to
prevent the spreading thereof, specifying the measures required to
be taken. Such order may require the pruning, spraying or destruction
of trees as may be reasonably necessary. Every such notice shall be
complied with within 10 days following service thereof upon the owner,
agent or occupant of the property on which the afflicted tree is located,
or within such additional time as may be stipulated in such notice.
B.
Dutch elm disease. Regulation No. 613 of the State
Department of Agriculture declares elm trees and wood infected by
Dutch elm disease to be a public menace. Together with other public
acts of the state, this regulation provides the framework for municipal
control of diseased trees on private and public property.
C.
Nuisance; removal; burning. Trees of all species and
varieties of elm, zelkova and planera, affected with the fungus ceratostomella
ulmi, as determined by laboratory analysis, are hereby declared to
be a public nuisance and shall be removed and burned within 10 days
following notification of the discovery of such infection. No person,
being the owner of property whereon such a tree is situated, shall
possess or keep such a tree after the expiration of 10 days following
notification of the discovery of such infection.
D.
Removal of dead or dying trees. Trees or parts thereof
of elm, zelkova or planera in a dead or dying condition that may serve
as a breeding place for the European elm bark beetle, scolytus multistriatus,
are hereby declared to be public nuisances. No person owning property
whereon the same is situated shall possess or keep the same.
A.
Enforcement authority. The Director of Public Works
is hereby charged with the enforcement of this chapter. To that end,
he or she may enter upon private property at all daylight hours for
the purpose of inspecting trees thereon and may remove such specimens
as are required for the purpose of analysis to determine whether or
not the same are infected. No person shall prevent the Director from
entering onto private property for the purpose of carrying out his
or her duties under this chapter, or interfere with the Director in
the lawful performance of his or her duties under this chapter.
B.
Rules and regulations. The Director of Public Works
shall make such rules and regulations supplementary to this chapter
and not in conflict herewith, as he or she may from time to time deem
necessary. Until changed pursuant to this section, the rules and regulations
in effect at the time of adoption of this chapter shall continue in
effect. No person shall fail to obey any rule or regulation effective
hereunder.
A.
Notice requirements. If trees on private property
are found to be infected with any of the diseases described in § 235-10,
the Director of Public Works shall give to the owner of the premises
whereon such trees are situated written notice of the existence of
such disease and shall require the removal and burning of such trees
within 10 days following receipt of such notice. Such removal and
burning shall be under the direction and supervision of the Director.
Such notice shall also state that unless such tree is removed and
burned in compliance with this section within such ten-day period,
the City will proceed with the removal and burning of such tree and
will assess the cost thereof against the property in accordance with
the City Charter.
B.
Service of notice. Such notice shall be personally
served if the owner of such premises is a resident of the City. If
the owner is a nonresident, such notice shall be served by registered
mail, addressed to such owner at his or her last known address as
shown on the records in the office of the City Assessor, and by publication
at least once in a newspaper of general circulation in the City.
C.
Appeals. Where the owner, agent or occupant of the
property shall feel himself or herself aggrieved at an order of the
Director, he or she may, within 48 hours, make an appeal to Council
by a communication filed with the City Clerk. Council shall hear such
appeal at its next regular meeting, unless another time shall be set,
and shall determine the matter under such expert advice as may be
necessary.
D.
Private trees; failure of owner to comply with notice.
Where the owner, agent or occupant of the property refuses to carry
out the order of the Director within the time stipulated, or in case
of an appeal, within five days after Council shall have affirmed such
order, the Director shall carry out the pruning, spraying or destruction
of the trees as deemed necessary by him or her and shall bill the
owner, agent or occupant of the property for the cost thereof. Where
the owner of such property shall fail to pay such bill within 60 days
after the same has been rendered, the Director shall report the same
to Council for collection as a single lot assessment against said
property in accordance with the City Charter. The Director may, without
serving the above notice, when the owner or occupant of any private
property shall consent thereto and pay the reasonable cost thereof,
cause trees growing on private property to be sprayed when he or she
deems the same necessary on account of any infestation or disease
or threat thereof.
Trees on public lands within the City shall
be removed at City expense.
[Amended 4-21-2010 by Ord. No. 458]
A.
Scope of section. The provisions of this section shall apply to the
removal of trees and other vegetation by public or private utilities,
electronic transmission companies and telecommunication companies
in, upon or adjacent to utility easements and rights-of-way in the
City of Rockwood (Rockwood), including removal for purposes of vegetation
management in, under and adjacent to high-voltage electricity transmission
facilities, electricity distribution facilities, and other public
or private utility facilities.
B.
Purpose and intent.
(1)
Purpose. It is the purpose of this section to provide for and promote
and protect the public health, safety and general welfare of the community,
and a safe, wholesome, serviceable and aesthetically attractive municipality,
by providing for the regulation of the removal of trees in, upon or
adjacent to easements and rights-of-way within Rockwood.
(2)
Intent. It is the intent of the City Council of Rockwood that the
terms of this section shall be constructed to promote the protection
of community residents from personal injury and property damage and
the protection of the City of Rockwood from property damage caused
or threatened by the improper or incomplete removal of trees or other
vegetation located in, upon or adjacent to easements and rights-of-way
within the City of Rockwood and to protect the community aesthetics,
as a matter of local concern within the City of Rockwood.
C.
Removal of trees, other vegetation and stumps in, upon or adjacent
to easements and rights-of-way. All public or private utilities, electric
transmission companies and telecommunications companies ("actors")
engaged in the removal of any tree or other vegetation in, upon or
directly adjacent to any utility easement or right-of-way, including
without limitation any contractor or employee engaged in said removal
in accordance with any vegetation management plan provided for or
adopted under any federal or state regulation, shall provide, at the
sole expense of the actor, all labor and materials necessary to: a)
grind all stumps to no less than six inches below the ground level;
b) grade the area impacted by the removal consistent with the immediately
surrounding grade; and c) place sod, grass seed, or other satisfactory
ground cover visually consistent with the immediately surrounding
area and appropriate to the season of the year. In instances where
the tree, vegetation or stump has heaved surrounding ground area,
said actor shall level the area consistent with the immediately surrounding
grade. All debris, including all tree or stump parts, all stump shavings,
and all sawdust or wood chips, shall be removed and carted away by
and at the expense of said actor. Said actor shall be responsible
for avoiding any underground utilities surrounding the location of
stumps and roots of trees or other vegetation being removed.
D.
Penalty for noncompliance.
(1)
Any person who violates the provisions of this section shall be deemed
guilty of a civil infraction and, upon conviction, shall be punished
in accordance with Article II of Chapter 1 of the Rockwood Code. As
provided for under the Rockwood Code, each and every violation of
this section is a separate offense, and each and every day that any
violation of this section continues is a separate offense.
(2)
The penalties provided by this section shall be owing to the City
of Rockwood in addition to any damages, costs or attorney fees which
may be found owing to the City of Rockwood or any other person in
any civil litigation related to any nuisance arising out of a violation
of this section.
E.
Rules and regulations. The City authorizes the City Administrator,
in coordination with the Building Official, to adopt such reasonable
rules and regulations as may be necessary to carry out the purpose
and intent of this section.
No person shall prevent, delay or interfere
with the Director of Public Works or his or her assistants in the
execution or enforcement of this chapter. Nothing in this chapter
shall be construed as an attempt to prohibit a public hearing or any
remedy, legal or equitable, in any court of competent jurisdiction
for the protection of property rights by the owner of any property
within the City.
The imposition of any penalty for a violation
of this chapter shall not be construed as a waiver of the right of
the City to collect the costs of removal of a tree in accordance with
this chapter and the City Charter where it is necessary for the City
to remove such tree in accordance with this chapter.
