[HISTORY: Adopted by the Common Council of the City of Burlington
by Ord. No. 8-1997 (Ch. 12.32 of the 1996 Municipal Code). Amendments noted where applicable.]
The Department of Public Works may contract with the owner of
any real estate in the City to supply material and labor to him/her
for the purpose of planting trees, grass, flowers or shrubbery on
any street or parkway and to charge the cost thereof to the owner.
If, after such material and labor is supplied, payment is not made
therefor on demand, the Department shall certify the actual cost thereof
to the Tax Collector, whereupon the sum so certified shall be collected
as other taxes are collected on real property in the City.
Except as provided for herein, or by state law, the initial
cost of all trees planted by the Department of Public Works, the cost
of planting the same, the cost of posts, boxes or guards used for
the protection of such trees and the cost of the removal of any tree
dangerous to public safety shall be charged upon the real property
in front of which such tree or trees are planted or removed as an
improvement thereof. Such cost shall be certified by the Department
to the Tax Collector and shall thereupon become and be a lien on the
property and included in the next tax bill rendered to the owner thereof
and collected in the same manner as other taxes on the property. The
provisions of this section shall not apply to any planting to replace
a tree previously planted by the Department or to plantings in connection
with an Arbor Day exercise or other educational demonstration.
In every case in which, under the provisions of this chapter,
the property of any abutting owner is to be charged with the cost
of the planting of any tree, the Department of Public Works shall
give notice of the meeting at which it is proposed to direct such
planting, by publishing notice at least once, and not less than 20
days before the meeting, in a newspaper circulating in the City or
by the personal service of a copy of the notice upon the abutting
owners at least 10 days before the meeting. The notice shall specify
the streets or portions thereof on which such planting is proposed
and require all persons who may object thereto to present their objections,
in writing, at the office of the Department of Public Works at or
before the meeting. Before final action is taken, all objections so
filed shall be considered. The provisions of this section shall not
apply to the planting of a tree at the request of an abutting owner
who shall agree in advance to pay the cost thereof.
The Department shall give reasonable notice of its intention
to remove a tree or part of a tree dangerous to public safety, unless
public safety requires an immediate removal.
No person shall cut, trim, break, injure or destroy any tree
in any street or public place without the consent of the Superintendent
of Public Works.
