[R.O. 2009 §92.01; CC 1981 §27-12; Ord. No. 88-6, 1-20-1988; Ord. No. 01-156, 7-19-2001]
For the purpose of this Article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
- STREET TREE
- Any tree located within the right-of-way of any public street or alley open to travel within the City.
- TREE TOPPING OR TOP A TREE
- Removing the vertical leader stems and cutting tree limbs back to a stub, bud or a lateral branch not large enough to assume a terminal role, resulting in decay of the trunk and/or main branches and sprout production. Usually involves removing more than one-third (1/3) of the tree canopy.
[R.O. 2009 §92.02; CC 1981 §27-19; Ord. No. 88-6, 1-20-1988]
No person shall plant or cause to be planted any street tree without first securing a permit therefor from the Director of Public Works of the City. Applications may be filed only by the owner of the property adjacent to the tree location. Applications for such permit shall be made to the Director of Public Works and shall indicate the species, size and location of the proposed tree as well as any other information deemed necessary by the Director of Public Works in order to secure compliance with the provisions of this Article.
[R.O. 2009 §92.03; CC 1981 §§27-23—27-24; Ord. No. 88-6, 1-20-1988; Ord. No. 01-156, 7-19-2001]
Permit Required To Work On Street Trees. It shall be unlawful for any person to transplant, move or otherwise disturb, alter or do any surgery on any street tree without first obtaining a permit therefor from the Director of Public Works or designee; provided that a utility company which is performing maintenance work on its lines pursuant to Public Service Commission regulation does not need to obtain a permit to perform such work. Notwithstanding the foregoing exemption, a utility company which desires to remove or otherwise disturb street trees in order to install its lines shall either obtain the permit required by this Section if the lines are above ground or include the information required by this Section in its application for an excavation permit pursuant to Sections 505.420 et seq., if the lines are below ground. The Director of Public Works or designee shall not issue the permit unless the work to be done shall be necessary to the proper maintenance and preservation of the street trees and the Director of Public Works or designee finds that the proposed method and workmanship thereof are consistent with standards of the International Society of Arboriculture. The Director may require the posting of a bond before a permit is granted. The bond shall be of sufficient amount to cover reasonable damages that may occur to life or property while the provisions of the permit are being carried out.
Permits—Information To Be Shown—When Void. Every permit granted by the Director of Public Works shall describe the work to be done, define the species, sizes and locations of all trees or shrubs concerned and contain a definite date of expiration. Any permit may be declared void if its terms are violated.
[R.O. 2009 §92.04; CC 1981 §27-25; Ord. No. 88-6, 1-20-1988]
There shall be no charge for any permit issued pursuant to the provisions of this Article.
[R.O. 2009 §92.05; CC 1981 §27-15; Ord. No. 88-6, 1-20-1988; Ord. No. 01-156, 7-19-2001; Ord. No. 02-65, 3-8-2002; Ord. No. 03-303, 11-26-2003]
All street trees shall be trimmed so as to provide on all sides other than the roadway side a clearance of nine (9) feet. On the roadway side of all major streets a clearance of fourteen (14) feet shall be provided and maintained and a clearance of twelve (12) feet shall be provided and maintained on the roadway side of any other street. The Director of Public Works shall have authority to trim or remove, if need be, any street tree or other tree located on public property or within any publicly held right-of-way which shall interfere with, or is about to interfere with, any street, sidewalk, public storm or sanitary sewer, pipeline or appurtenances or other public utility lines, poles and appurtenances. All tree pruning and trimming shall be done in compliance with the current issue of the American National Standards Institute (ANSI) A300 Tree, Shrub and Other Woody Plant Maintenance — Standard Practices (Pruning).
It shall be unlawful for any person to top any tree on any City-owned land or public street right-of-way.
It shall be unlawful for any person working for hire to top any tree, whether on private or public land, within the corporate limits of the City; except that this Subsection shall not apply to work on any tree within that portion of the side yard behind the front building line or the rear yard, as defined in Section 400.050 of property utilized as a residence.
[R.O. 2009 §92.06; CC 1981 §27-16; Ord. No. 88-6, 1-20-1988; Ord. No. 01-156, 7-19-2001]
It shall be unlawful for any person to plant or cause to be planted any street tree of any type other than those shown in the following table:
[R.O. 2009 §92.07; CC 1981 §27-17; Ord. No. 88-6, 1-20-1988; Ord. No. 92-148, 7-8-1992; Ord. No. 01-156, 7-19-2001]
It shall be unlawful for any person to plant or cause to be planted any street tree closer to any alley, private drive, street light, traffic signal or street intersection than the minimum distance shown from such improvements in the following table:
[R.O. 2009 §92.08; CC 1981 §27-18; Ord. No. 88-6, 1-20-1988]
It shall be unlawful to plant or cause to be planted any street tree without providing the following minimum clearance between such tree and any other street tree on the same side of the street:
The minimum clearance between the trunks of any two (2) street trees of the same type shall be that clearance provided in Section 225.060.
The clearance between the trunks of any two (2) street trees of different types shall be determined and shall be that clearance arrived at by adding the minimum clearance shown for each type of street tree concerned, as shown in Section 225.060, and dividing the sum thereof by two (2).
[R.O. 2009 §92.09; CC 1981 §§27-20—27-21; Ord. No. 88-6, 1-20-1988]
Duty To Maintain Street Trees Planted. Any person applying for a permit to plant a street tree shall be solely responsible for the cost of purchase and planting of the tree. Maintenance of a street tree shall be the responsibility of the owner of the property adjacent to the tree location.
Trimming, Pruning, Topping And The Like, Generally—Height To Be Trimmed Above Street And Sidewalk. All trees standing in or extending over any street, including sidewalks, shall be kept trimmed to the heights described in Section 225.050. This provision applies to both street trees and trees located on private property.
[R.O. 2009 §92.10; CC 1981 §27-22; Ord. No. 88-6, 1-20-1988; Ord. No. 03-122, 5-27-2003]
Any tree or shrub or part thereof located in, overhanging or interfering with the use of any highway or street in the City that, in the opinion of the Director of Public Works, violates the provisions of this Article or endangers the life, health, safety or property of the public shall be declared a public nuisance. The owner shall be notified of the existence of a nuisance and given a reasonable time for its correction or removal. If not corrected or removed within the time allotted, the Director of Public Works shall cause the nuisance to be corrected or removed and the cost shall be assessed against the owner or occupant and collected as provided by law.
[R.O. 2009 §92.11; CC 1981 §27-22.1; Ord. No. 89-174, 8-16-1989]
The City hereby establishes a Cost-Sharing Tree Removal and Tree-Trimming Program with the following guidelines:
The City will pay fifty percent (50%) of the costs of trimming or removing dangerous, dead or damaged trees located within City right-of-way. The remaining fifty percent (50%) of the costs must be paid by the landowners.
The City will contract to have the tree trimmed or removed and the landowners must pay the landowner's share of the costs to the City prior to the beginning of the trimming or removal.
The Director of Public Works or his/her designee will be the final judge as to whether the tree needs to be trimmed or removed.
Trees will be trimmed or removed on a first-come, first-served basis, except where the costs may be reduced by trimming or removing multiple trees in one (1) area.
The City's total share of the Cost-Sharing Tree Removal and Tree-Trimming Program shall not exceed amounts budgeted for the purpose.
Cost participation by the landowner can be waived by the Mayor when the income of the owner is substantially from Social Security or other comparable restrictive sources, such as railroad retirement, and when the total income of the family from all sources does not exceed guidelines by HUD, Section 8 or other Federal Housing Assistance Plans, as followed by the Mayor's office for utility tax refunds.
If the damage to the tree has been caused by the City, then the City will pay the entire cost.
No variance to this policy shall be granted unless seven (7) members of the City Council vote in favor of the variance.
[R.O. 2009 §92.12; CC 1981 §§27-26—27-27; Ord. No. 88-6, 1-20-1988; Ord. No. 03-122, 5-27-2003]
Unlawful To Damage, Injure Or Destroy Any Street Tree. It shall be unlawful for any person to damage, injure or destroy any street tree unless the same shall be done pursuant to the provisions of this Article or to attach to, around or through any such tree any rope, wire, chain, sign, box or other material.
Removing Or Injuring Guards Or Devices Placed To Protect Trees. It shall be unlawful for any person to remove, injure or misuse any guard or device placed or intended to protect any tree on or in any street within the City.
[R.O. 2009 §92.13; CC 1981 §27-28; Ord. No. 88-6, 1-20-1988; Ord. No. 03-122, 5-27-2003]
No person shall deposit, place or maintain upon any highway or street of the City any stone, brick, sand, concrete or other material which will impede the free passage of water, air and fertilizer to the roots of any tree or shrub growing therein, except by permission of the Director of Public Works, or when such materials are designed for the construction of sidewalks, paving, gutters or other public improvements and have been placed under a permit granted by the Director.
[R.O. 2009 §92.14; CC 1981 §§27-13—27-14; Ord. No. 88-6, 2-4-1988]
Administration And Enforcement. It shall be the responsibility of the Director of Public Works of this City to carry out, enforce and administer the provisions of this Article. The Director shall also have the authority to plant, replant, trim, prune, spray, fertilize and otherwise treat any tree or shrub located within the right-of-way of a public street whenever necessary to carry out the provisions of this Article.
Interference With Enforcement. No person shall prevent, delay or interfere with the Director of Public Works or any employees under the Director's control in the execution or enforcement of this Article; provided however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any legal or equitable remedy in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.
[R.O. 2009 §92.25; CC 1981 §27-37; Ord. No. 3690, 8-26-1969; Ord. No. 75-20, 4-9-1975; Ord. No. 79-56, 6-6-1979; Ord. No. 02-170, 7-9-2002; Ord. No. 17-154 § 1, 8-3-2017]
It shall be unlawful for the owner of any parcel of ground located within the corporate limits of the City to allow or maintain on any such parcel of ground any growth of weeds, grass or any grasslike vegetation to a height in excess of eight (8) inches; provided, however, that nothing in this Article shall be construed to apply to any field used for commercial farming purposes.
[R.O. 2009 §92.26; CC 1981 §27-38; Ord. No. 3423, 9-21-1966; Ord. No. 75-20, 4-9-1975; Ord. No. 79-56, 6-6-1979; Ord. No. 80-59, 6-3-1980; Ord. No. 82-70, 9-8-1982; Ord. No. 04-215, 9-10-2004; Ord. No. 07-162, 6-11-2007; Ord. No. 20-053, 5-5-2020]
Whenever weeds, grass or any grass-like vegetation, in violation of Section 225.150, are allowed to grow on any part of any lot or ground within the City, the City shall provide for service to the owner of the property and, if the property is not owner-occupied, to any occupant of the property of a written notice specifically describing each condition of the lot or land declared to be a public nuisance, and which notice shall identify what action will remedy the public nuisance. Unless a condition presents an immediate, specifically identified risk to the public health or safety, the notice shall provide a reasonable time, not less than ten (10) days, in which to abate or commence removal of each condition identified in the notice. Written notice may be given by personal service or by first-class mail to both the occupant of the property at the property address and the owner at the last known address of the owner, if not the same. Upon a failure of the owner to pursue the removal or abatement of such nuisance without unnecessary delay, the City may cause the condition which constitutes the nuisance to be removed or abated. If the City causes such condition to be removed or abated, the cost of such removal or abatement and the proof of notice to the owner of the property shall be certified to the City Clerk who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill, at the Director of Finance's option, for the property and the certified cost shall be collected by the Director of Finance or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid.
If weeds are allowed to grow on the same property in violation of Section 225.150 more than once during the same growing season, the City may, without further notification, have the weeds removed and the cost of the same shall be billed in the manner described in Subsection (A) of this Section. The provisions of this Section shall not apply to lands owned by a public utility and lands, rights-of-way and easements appurtenant or incidental to lands controlled by any railroad.
[R.O. 2009 §92.27; CC 1981 §27-39; Ord. No. 82-70, 9-8-1982]
It shall be unlawful for any person occupying any property whether as owner, agent of owner, tenant or occupant to allow or permit any growth of weeds as defined in Section 225.150.
[R.O. 2009 §92.99; CC 1981 §27-40; Ord. No. 82-70, 9-8-1982; Ord. No. 87-216, 11-6-1987; Ord. No. 93-118, 6-2-1993; Ord. No. 07-162, 6-11-2007]
Any person who violates any provision of this Code for which no other penalty is set forth shall be subject to the penalty set forth in Section 100.150.
Violation Concerning Height Of Weeds.
Refusal to comply with an order to remove weeds shall be a separate offense. In addition to the requirement of removal of such weeds as required by this Chapter, any person who violates, omits, neglects or refuses to comply with the provisions of this Chapter and the written notice of the Mayor or the Mayor's designee, within the time limit stated in the notice, shall upon conviction thereof be punished as provided in Section 100.150. Each day that any violation shall continue shall constitute a separate offense.