City of Grand Ledge, MI
Eaton County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Grand Ledge as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Noxious weeds — See Ch. 124, Art. II.
Parks and park facilities — See Ch. 145.
[Adopted 9-23-1968 by Ord. No. 180; amended in its entirety 3-23-2009 by Ord. No. 521]

§ 198-1 Keeping of unsafe trees prohibited.

It is unlawful for any owner or agent thereof to keep or maintain on his property any tree which because of decay, defects, disease, wind damage or any other cause is in an unsafe condition so that it, or any part of it, is likely to fall or to become detached or dislodged, or to collapse and thereby injure persons or damage property.

§ 198-2 Notice of unsafe condition; hearing.

Whenever a public official determines that any tree or any part of any tree is in an unsafe condition as defined above, the public official shall notify the Public Service Director who shall issue a notice of the dangerous and unsafe condition to the owner of record to appear before the Public Service Director and show cause why the tree should not be removed or otherwise made safe. All notices shall be in writing and shall be sent by certified mail to the last known address of the owner.

§ 198-3 Determinations of hearing; cost of removal by City to become lien against property.

The Public Service Director shall take the testimony of the public official who originally filed the complaint and the owner of the property and any other interested party. The Public Service Director shall render his decision, either closing the proceedings or ordering the tree to be removed or otherwise made safe. When it is determined at the hearing that the tree should be removed or otherwise made safe, and the owner fails to appear or neglects or refuses to act, the Public Service Director shall file a report of his findings with the City Council. A copy of the findings shall be sent by certified mail to the last known address of the owner of record. The City Council shall hold a hearing at which it will either approve, disapprove or modify the request for removal or making safe of the tree. The owner of record shall be notified by certified mail of the date of hearing before the City Council, where he will be given an opportunity to show cause why the tree should not be removed or otherwise made safe. The cost of removal or of making the tree safe shall be a lien against the real property and shall be reported to the City Treasurer who shall assess the cost against the property in question. The liens shall be enforced in the manner prescribed by the Charter of the City of Grand Ledge or by the laws of the State of Michigan, providing for the enforcement of special assessment liens or tax liens, or by ordinance passed by the City of Grand Ledge.

§ 198-4 (Reserved)

[Adopted 4-10-1978 by Ord. No. 256]

§ 198-5 (Reserved) [1]

[1]
Editor's Note: Former § 198-5, Definitions, was repealed 3-23-2009 by Ord. No. 521.

§ 198-6 Creation and establishment of City Tree Board.

There is hereby created and established a City Tree Board for the City of Grand Ledge, Michigan, which shall consist of five members, who shall be appointed by the mayor with the approval of the City Council.

§ 198-7 Terms of office.

The terms of the five persons to be appointed by the Mayor shall be three years, except that the term of two of the members appointed to the first Board shall be for only one year, and the term of two members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.

§ 198-8 Compensation.

Members of the Board shall serve without compensation.

§ 198-9 Duties and responsibilities.

[Amended 3-23-2009 by Ord. No. 521]
It shall be the responsibility of the Board to review and deliberate upon any list of trees, located in the right-of-way of any City street, submitted by the Public Service Director for trimming, maintenance, removal or planting. Any said list of trees submitted by the Public Service Director shall be deemed approved if the Board has not taken action on said list within 60 days of its submittal.

§ 198-10 Operation.

[Amended 3-23-2009 by Ord. No. 521]
The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the appointed members shall be a quorum for the transaction of business. A majority of appointed members present shall be required for any action taken by the Board.

§ 198-11 Planting.

[Amended 3-23-2009 by Ord. No. 521]
No trees shall be planted in any of the streets, highways or parks of the City until the Tree Board shall have first approved of the kind, size and variety of same and designated the location thereof; provided, further, that no willow or poplar tree shall be set out hereafter on the streets, highways or parks, nor any other tree, unless it is free from infectious disease and has a diameter of 1 1/2 inches or over one foot above ground.

§ 198-12 Fee.

[Amended 3-23-2009 by Ord. No. 521]
The City Council may, by resolution, establish fees for the planting of trees and shrubs on public land within the City.

§ 198-13 Distance from street corners and fireplugs.

No street tree shall be planted closer than 25 feet of any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 10 feet of any fireplug.

§ 198-14 Utilities.

[Amended 3-23-2009 by Ord. No. 521]
No trees, other than those approved by the Tree Board, may be planted under or within 10 lateral feet of any overhead utility wire, or over or within five lateral feet of any underground waterline, sewer line, transmission line or other utility.

§ 198-15 Public tree care.

[Amended 3-23-2009 by Ord. No. 521]
A. 
The City shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds.
B. 
The City Tree Board may remove any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gaslines, waterlines or other public improvements, or is infected with any injurious fungus, disease, insect or other pest. This section does not prohibit the planting of street trees by adjacent property owners, provided that the selection and location of said trees are not in violation of the provisions of this article.

§ 198-16 through § 198-17. (Reserved) [1]

[1]
Editor's Note: Former § 198-16, Tree topping, and § 198-17, Shade trees, as amended, were repealed 3-23-2009 by Ord. No. 521.

§ 198-18 Pruning; corner clearance.

[Amended 3-23-2009 by Ord. No. 521]
Every owner of any tree or shrub overhanging any street or right-of-way within the City shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or traffic control device and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it 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.

§ 198-19 (Reserved) [1]

[1]
Editor's Note: Former § 198-19, Dead or diseased tree removal on private property, was repealed 3-23-2009 by Ord. No. 521.

§ 198-20 Removal of stumps.

[Amended 3-23-2009 by Ord. No. 521]
All stumps of trees on public land shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.

§ 198-21 Interference with City Tree Board.

[Amended 3-23-2009 by Ord. No. 521]
It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board or any of its agents while engaging in the planting, cultivating, mulching, pruning, spraying or removing of any trees, as authorized in this article.

§ 198-22 through § 198-23. (Reserved) [1]

[1]
Editor's Note: Former § 198-22, Loss of public trees; value recovered, and § 198-23, Arborists license and bond, were repealed 3-23-2009 by Ord. No. 521.

§ 198-24 Review by City Council.

[Amended 3-23-2009 by Ord. No. 521]
The City Council shall have the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any ruling or order of the City Tree Board when acting under the authority of this article to the City Council within 30 days of said ruling or order, who may hear the matter and make final decision within 60 days of receiving the appeal.

§ 198-25 Violations and penalties.

[Amended 3-23-2009 by Ord. No. 521]
Any violation of this article shall be punishable as a misdemeanor as provided in Chapter 1, General Provisions, Article II, Penalties, § 1-17B.