[HISTORY: Adopted by the Mayor and Council of the City of
Washington 6-27-1994 by Ord. No. 1478 (Ch. 25 of the 1986 Code of Ordinances).
Amendments noted where applicable.]
Trees and/or shade trees are herein defined as trees, shrubs,
bushes and all other wood vegetation on land lying within the property
lines on either side of all streets, avenues or ways within the City.
[1]
Editor's Note: Former §§ 282-2, Creation and
establishment of Shade Tree Commission; 282-3, Terms of office; 282-4,
Compensation; 282-5, Duties and responsibilities; and 282-6, Operation,
were repealed 6-7-2018 by Ord. No. 1910.
[Amended 6-7-2018 by Ord. No. 1910]
The City Shade Tree Commission shall develop and maintain a
list of desirable trees for planting along streets in three size classes
based on mature height: small (under 20 feet), medium (20 to 40 feet)
and large (over 40 feet). Lists of trees not suitable for planting
shall also be created by the Commission, and said lists shall be submitted
to the City Council and subject to the approval of City Council.
The spacing of shade trees will be in accordance with the three species size classes listed in § 282-7 of this chapter and shall be determined by regulation of the Commission, subject to the approval of City Council.
The distance trees may be planted from curbs or curblines and sidewalks will be in accordance with the three species size classes listed in § 282-7 of this chapter and shall be determined by regulations of the Commission, subject to the approval of City Council.
The distance that trees may be planted from street corners and
fireplugs shall be determined by regulations of the Commission, subject
to the approval of City Council.
The Commission shall adopt regulations with regard to the planting
of trees under or near overhead utility wires or other structures
or improvements, subject to the approval of City Council.
A.
The City shall have the right to plant, prune, maintain and remove
trees, plants and shrubs within the lines 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 Commission may remove or cause or order to be removed 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 affected with any injurious
fungus, insect or other pest. This section does not prohibit the planting
of shade trees by adjacent property owners, providing that the selection
and location of said trees is in accordance with this chapter and
with the regulations of the Commission.
It shall be unlawful as a normal practice for any person, firm
or City department to top any shade tree, park tree or other tree
on public property. Topping is defined as the severe cutting back
of limbs to stubs larger than three inches in diameter within the
tree's crown to such a degree so as to remove the normal canopy and
disfigure the tree. Trees severely damaged by storms or other causes,
or certain trees under utility wires or other obstructions, where
other pruning practices are impractical, may be exempted from this
chapter at the determination of the Commission.
Every owner of any tree 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. 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. In the event that the Commission
determines that any person is in violation of this section, the Commission
or an authorized member or agent of the Commission shall notify said
person, in writing, of said violation and provide said person with
written notice of what is needed to remedy the violation and setting
forth a time limitation for said person to remedy the violation. Any
person may appeal such decision by the Commission or its agent to
City Council within 20 days from the date of said notice by filing
a written appeal with City Council. Upon receipt of a timely appeal,
Council may hear the matter and make a final decision. In the event
that a person fails to make such a remedy, as set forth herein, the
City shall have the right to prune any trees or shrubs on private
property when it interferes with the proper spread of light along
the street from a streetlight or interferes with visibility of any
traffic control device or sign or sight triangle at intersections.
Tree limbs that grow near high-voltage electrical conductors shall
be maintained clear of such conductors by the electric utility company
in compliance with any applicable franchise agreements. A utility
tree trimming policy must be reviewed by the utility company and Commission
prior to any trimming by the utility company.
The City shall have the right to cause the removal of any dead
or diseased trees on private property within the City when such trees
constitute a hazard to life and property, or harbor insects or disease
which constitutes a potential threat to other trees within the City.
The Commission shall notify in writing the owner of such trees. Removal
shall be done by said owner at his own expense within 90 days after
the date of service of notice by regular mail. In the event of failure
of owners to comply with such provisions, the City shall have the
authority to remove such trees and charge the cost of removal on the
owners, as set forth herein.
It shall be unlawful for any person to prevent, delay or interfere
with the Commission or any of its agents while engaging in and about
the planting, cultivating, mulching, pruning, spraying or removing
of any shade trees, park trees or trees on private grounds, as authorized
in this chapter. Any person violating any part of this section shall
be, upon conviction, subject to a fine not to exceed $100 for each
offense.
[Amended 11-16-1995 by Ord. No. 1510]
It shall be unlawful for any person or firm to engage in the
business or occupation of pruning, treating or removing shade trees
within the City without first applying for and procuring a license
from the City Clerk. The license fee shall be $25 annually, in advance;
provided, however, that no license shall be required of any public
service company, including electric utilities and their agents and
contractors or City employees doing such work in the pursuit of their
public service endeavors. Before any license shall be issued, each
applicant shall first file evidence of possession of liability insurance
in the minimum amounts of $200,000 for bodily injury per person and
$100,000 property damage, indemnifying the City or any person injured
or damaged resulting from the pursuit of such endeavors as herein
described. Any person violating any part of this section shall be,
upon conviction, subject to a fine not to exceed $100 for each offense.
Whenever the Shade Tree Commission proposes to plant, transplant
or remove shade trees on any street or sidewalk, notice of the time
and place of the meeting at which such work is to be considered shall
be given in not more than two newspapers published in the City, once
a week for two weeks immediately preceding the time of the meeting.
The notice shall specify, in detail, the streets or sidewalks or portions
thereof upon which trees are proposed to be so planted, replanted
or removed.
A.
The cost of furnishing, planting, transplanting or removing any shade
trees in or along the streets of the City, of the necessary and suitable
guards, curbing or grading for the protection thereof, and of the
replacing of any pavement or sidewalk necessarily disturbed in the
execution of such work shall be paid by the owner of the real estate
in front of whose property the work is done, except that part of such
cost may be certified by the Commission to Council and to the City
Treasurer as a charge to be paid by the City, subject to the approval
of City Council.
B.
The amount each owner is to pay shall be ascertained and certified
by the Commission to Council and to the City Treasurer.
A.
Upon the filing of the certificate with the Council, the City Clerk
shall cause 30 days' written notice to be given by mail to the person
against whose property an assessment has been made. The notice shall
state the amount of the assessment, and the time and place of payment,
and shall be accompanied with a copy of the certificate. The expense
of the notice shall be paid by the City.
B.
The amount assessed against the real estate shall be a lien from
the time of the filing of the certificate with the Council, and if
not paid within the time designated in the notice, a claim may be
filed and collected in the same manner as municipal claims are filed
and collected.
A.
The cost and expenses of caring for such trees caused to be planted
by the Commission after they have been planted shall be paid by the
City.
B.
The needed amount shall each year be certified by the Commissioners
to Council in time for inclusion in the proposed budget ordinance,
and the funds provided by Council shall be drawn against, as required
by the Commission, in the same manner as money appropriated for City
purposes.
C.
The City Council may levy a special tax, not to exceed the sum of
1/10 of one mill on the dollar on the assessed valuation of the property
in said City, for the purpose of defraying the cost and expenses of
caring for such shade trees and the administrative expenses connected
therewith, or it may provide for such expense by appropriations.
The City Council shall have the right to review the conduct,
acts and decisions of the Commission. Any person may appeal from any
ruling or order of the Commission to the Council, who may hear the
matter and make final decisions.
[Amended 3-13-1997 by Ord. No. 1545; 12-7-2006 by Ord. No. 1766]
A.
Any individual, person, firm, corporation or other entity who shall
violate any provision of this chapter shall, upon being held liable
in any civil proceeding or upon conviction thereof, be sentenced to
pay a penalty, fine or charge of no less than $100 nor more than the
maximum amount permitted by law, but not to exceed $1,000, and in
default of payment or any failure to pay any fine or penalty, upon
a summary or other criminal conviction, shall be sentenced to imprisonment
for a period not to exceed 30 days, or both.
B.
Each day that a violation of this chapter shall continue shall constitute
a separate offense, subject to the fines, costs, penalties and charges
set forth above for each offense.
C.
Nothing herein shall limit, prevent or preclude the City of Washington
from taking any and all legal action or exercising any other remedy
available to the City by law, including but not limited to the initiation
of civil or criminal proceedings or injunctive relief, in order to
enforce or ensure compliance with this chapter. As an additional remedy,
the City of Washington may abate any nuisance, dangerous or hazardous
condition by any means permitted by law, which shall include but not
be limited to an action in the Court of Common Pleas of Washington
County, Pennsylvania, for injunctive relief; the use of any City of
Washington personnel, equipment and materials or that of an authorized
agent or contractor hired by the City to remove or abate any nuisance,
dangerous or hazardous condition, and with all costs thereof or related
thereto to be charged against the property owner(s) and/or person
or entity who has violated the chapter or portion thereof; said costs
shall include all actual costs and expenses, including all costs of
collection and reasonable administrative costs of the City, incurred
in enforcing the provisions of the chapter.
