[R.O. 2008 §85.010; Ord. No. 559, 6-27-1961]
Except where otherwise indicated, the terms, "street
tree", "tree" or "plants" shall be construed as a tree or a plant in or upon a public place.
[R.O. 2008 §85.020; Ord. No. 559, 6-27-1961]
There is hereby established within the Department of Public
Services the office of City Forester. The City Forester shall have
exclusive jurisdiction and supervision over all trees, other plants
and grassy areas planted or growing in public places. He/she shall
have the authority and it shall be his/her duty to supervise all work
done pursuant to the terms of this Chapter. In the performance of
his/her duties hereunder, he/she shall be authorized to enter in and
upon private premises. In addition, the City Forester shall have the
authority and it shall be his/her duty to plant, trim, spray, preserve
and remove trees, other plants and grassy areas in public places in
order to insure safety and preserve the symmetry and beauty of such
public places and to order the trimming, preservation or removal of
trees or plants upon private property when such action is necessary
in the preservation of the public safety or the prevention of the
spread of disease or insects to public trees and places.
[R.O. 2008 §85.030; Ord. No. 559, 6-27-1961]
A.
No person
shall either trim, spray, preserve or remove trees, other plants and
grassy areas in public places or plant or set out any tree or plant
in a public place without obtaining a permit from the City Forester.
1.
Preservation and removal. The application for a permit for
the trimming, spraying, preservation or removal of trees, plants and
grassy areas shall state the number and kind of trees to be trimmed,
sprayed, preserved or removed; the kind of treatment to be administered;
the kind and condition of the nearest trees upon adjoining property
and such other information as shall be reasonably necessary to the
determination of the application request.
2.
Planting. The application for a permit to plant any tree
or plant in a public place shall state the number of trees or plants
to be planted; the location, grade and variety of each tree or plant;
the method of planting, including the supplying of suitable soil and
such other information as shall be reasonably necessary to a determination
of the application request.
3.
Large scale planting. Any person desiring to plant or set
out large numbers of trees or plants shall file duplicate copies of
a planting plan or a written statement containing the following information:
a.
The
street upon which the planting is to be done, together with the designation
of pavement, curb, gutter, parking strip and sidewalk areas shown
to an accurate scale.
b.
The
variety of each and every tree proposed to be planted and of those
already existing within the street lines, either indicated on the
plan or referenced to a key list.
c.
The
proposed location of each and every proposed tree, together with the
location of each existing tree within the street lines, drawn in scale
with the other features of the plan.
d.
The
nature of the soil in the planting space to a depth of three (3) feet
and all existing and proposed surface drainage or subsoil drainage
system.
[R.O. 2008 §85.040; Ord. No. 559, 6-27-1961]
A.
A permit
for the trimming, spraying, preservation, removal or planting of trees
or plants in public places shall be issued and shall remain in force
only upon compliance with the following requirements:
1.
Trees
shall not be less than one (1) inch in diameter of trunk one (1) foot
above the ground.
2.
All
trees from one (1) to three (3) inches in diameter of trunk one (1)
foot above the ground shall be protected and supported by tree guards,
until the City Forester shall find it thoroughly rooted.
3.
No trees
shall be placed so as to cause a traffic hazard.
4.
In felling
trees, the same shall be removed with the root stump grubbed out as
required by the City Forester.
5.
All
cuts above one (1) inch in diameter must be waterproofed.
6.
Trees
shall be planted at least thirty (30) feet apart, except where special
permission is obtained from the City Forester.
7.
No trees
shall be planted where the clear space between the curb and the sidewalk
is less than three (3) feet.
8.
No tree
shall be planted where the soil is too poor to insure growth of such
tree, unless the planter excavates a suitable hole of not less than
thirty-six (36) cubic feet and replaces the material removed with
suitable loam or soil stripped from pasture land.
9.
No tree
shall be planted nearer than one (1) foot from the curb line or outer
line of sidewalk, unless a special permit is granted by the City Forester.
10.
No
tree shall be planted on any street except of the variety approved
by the City Forester.
[R.O. 2008 §85.050; Ord. No. 559, 6-27-1961; Ord. No.
1849, 3-14-1995]
A.
It shall
be the duty of any person having responsibility for trees, hedges,
shrubs, plants or other vegetation located within a public or private
street right-of-way or within fifteen (15) feet of a public or private
street right-of-way:
1.
To maintain
trees, hedges, shrubs, plants or other vegetation so that no hedge,
shrub, plant or other such vegetation shall cause a safety hazard,
as determined by the Chief of Police, on public or private streets
or to interfere with the proper lighting of public streets. In determining
whether the location or maintenance of trees or vegetation causes
a safety hazard, the Chief of Police shall consider one (1) or more
of the following factors:
2.
To treat
or remove any tree or plant so diseased or insect-ridden as to constitute
a hazard to trees or plants in public places.
[R.O. 2008 §85.060; Ord. No. 559, 6-27-1961]
When the City Forester shall find it necessary to order the
trimming, preservation or removal of trees or plants on private property
as hereinabove provided, he/she shall serve a written order to correct
such conditions upon the owner, operator, occupant or other person
responsible by serving a copy of the order on such person or by mailing
a copy of the order to the last known address of such person by registered
mail. The order shall set forth a time period for compliance; provided
however, that in cases of extreme danger to persons or public property,
the City Forester shall have the authority to require compliance immediately
upon service of the order. Any person to whom an order is directed
hereunder may, within forty-eight (48) hours of its service, file
a written appeal with the City Manager. Within five (5) days of receipt
of such written appeal, the City Manager shall review the order and
file his/her decision. A copy of the decision of the City Manager
shall be served on the person filing the appeal. No person to whom
an order is directed shall fail to comply with such order within five
(5) days after an appeal shall have been determined. When a person
to whom an order is directed shall fail to comply with said order
within the specified time period, the City Forester shall correct
or cause to be corrected the conditions involved and charge the cost
thereof to the responsible person. In order to perform such obligations,
the City Forester and his/her duly authorized agents shall be granted
access to any premises. If the cost of correction is not paid within
thirty (30) days after receipt of a statement therefor from the City
Forester, such cost shall be levied against the property upon which
the condition existed, as a special assessment. Such special assessment
shall be certified by the City Forester to the City Clerk and shall
thereupon become and be a lien upon the property involved and shall
be collected in the same manner and as is provided for other taxes
against such property. The levying of such special assessment shall
not affect the liability of the person to whom the order is directed
to a fine as hereinafter provided.
[R.O. 2008 §85.070; Ord. No. 559, 6-27-1961]
No person shall damage, cut, carve, transplant or remove any
tree or plant or injure the bark, pick the flowers or seeds of any
tree or plant, attach any rope, wire or other contrivance such as
a sign to any tree or plant, dig in or otherwise disturb grassy areas
or in any other way injure or impair the natural beauty or usefulness
of such areas, cause or permit any wire charged with electricity to
come in contact with any tree or plant or allow any gaseous, liquid
or solid substance which is harmful to such trees or plants.
[R.O. 2008 §85.080; Ord. No. 559, 6-27-1961]
Any person violating any of the provisions of this Chapter shall
be deemed guilty of a misdemeanor and, upon conviction thereof, shall
be subject to a fine of not less than one dollar ($1.00) nor more
than one hundred dollars ($100.00).
