[Amended 12-5-2017 by Ord. No. 12-2017]
It shall be unlawful for any person to plant a poplar, willow,
silver maple or box elder tree within 100 feet of any public highway,
sidewalk, sewer, water main, gas main or watercourse within the City.
It shall be unlawful for any person to have or maintain a poplar
or willow tree, the roots of which may penetrate over and under the
surface of a public highway, sidewalk or public place or within 100
feet of any sewer, water main, gas main or watercourse within the
City, after 30 days from the date of receiving notice to remove the
same as herein provided from the Board of Public Service.
Any person owning or having any ornamental trees or shade trees
standing or growing within the lines of any of the streets, sidewalks
or public places, the branches of which trees shall project or hang
over such streets, sidewalks or public places, shall keep such trees
so trimmed that the lowest branches shall not be within 12 feet from
the ground.
The City of Oneonta Engineering Department, with the assistance
of the City Forester, shall determine if any tree or trees in the
City have become a public hazard, insofar as that tree, or any portion
of the tree, is in danger of falling on public property, or upon a
City sidewalk or roadway. Having reached such a determination, the
City Engineering Department may cause to be served upon the owner
of any premises having thereon any trees a notice declaring such trees
a nuisance and directing such owner to remove or trim such trees within
30 days after receipt of such notice. Such notice may be served by
mailing the same to such owner at his address or by leaving the same
with a person of suitable age and discretion, residing at or upon
such premises, or by affixing the same upon a conspicuous part of
the property.
A.
Performance of work by City. If, at the expiration of such thirty-day
period, the owner of the premises shall have failed to trim or to
remove such trees, or cause the same to be trimmed or removed, the
City Engineering Department may direct its employees to enter upon
such premises and remove or trim such trees.
B.
Charges to be borne by owner. Whenever any owner or occupant of such
parcel of real estate shall fail or neglect to trim or remove such
trees as above required, the City may have such trees trimmed or removed
therefrom without notice to such owner or occupant, and the cost of
such trimming or removal, together with an additional charge of 50%
thereof for supervision and administration, shall be billed to the
property owner and, if not paid, shall be assessed against such property,
and the same shall be levied, corrected, enforced and collected in
the same manner, by the same proceedings, at the same time, under
the same penalties, and having the same lien upon the property so
assessed as the general City tax and as a part thereof.
Any person wishing to dispute any fee under this provision imposed
may appeal such determination to the Board of Public Service. Appeals
must be submitted to the City Clerk, and must be received by the City
Clerk within 30 days of the date of the bill for payment of the administrative
fee. Appeals must be submitted in writing and must clearly state the
basis for the appeal and why the removal of the tree was unnecessary
or did not constitute a nuisance as described above.
