[1]
Editor's Note: The title of former Art. IV, Trees, was amended
12-4-2023 by Ord. No. 3677.
[CC 1977 §34-1; Ord. No. 683 §3, 11-16-1966]
The City Administrator is charged with the enforcement of this
Article and to that end he/she or his/her agents may enter upon private
property at all reasonable hours for purposes of inspecting trees
thereon and may remove such specimens as are required for purposes
of analysis to determine whether or not the same are infected.
[CC 1977 §34-2; Ord. No. 683 §3, 11-16-1966]
It shall be unlawful for any person to prevent the City Administrator
or any of his/her agents from entering on private property for the
purposes of carrying out his/her duties hereunder or to interfere
with the City Administrator or his/her agents in the lawful performance
of his/her duties under the provisions of this Article.
[Ord. No. 3677, 12-4-2023]
As used in this Article, the following terms shall have the
meanings indicated:
A vegetation species that grows aggressively in the State
of Missouri, as listed by the Missouri Department of Conservation.
A vegetation species that existed prior to the arrival of
settlers within the State of Missouri, as listed by the Missouri Department
of Conservation.
A vegetation species that is listed as a Missouri State Noxious
Weed by the United States Department of Agriculture.
Toxic species known to cause death or severe allergic reactions
among a segment of the human population such as poison hemlock, poison
ivy, and ragweed.
A nuisance tree shall include all dead, or decaying trees,
shrubbery, dead limbs or branches that create a dangerous or unsafe
condition to the public or neighboring properties, all trees infested
with insects or worms which are injurious to trees, and/or all trees
infected by a disease or fungus that is not promptly treated or that
is not remediable, and/or any tree meeting the United States Department
of Agriculture Forest Service Hazardous Tree Guidelines as determined
by a certified arborist and are hereby declared to be a public nuisance.
[CC 1977 §34-3; Ord. No. 683 §1, 11-16-1966; Ord. No. 2904 §1, 3-7-2005; Ord. No. 3431, 2-5-2018; Ord. No. 3677, 12-4-2023]
A.
Private Property Responsibility. It shall be the responsibility of the owner(s) or occupant(s) of any private property in the City of Harrisonville, Missouri, ("City") that contains a nuisance tree to promptly take down and remove such nuisance tree from any such property on which same is situated. The City shall have no responsibility with respect to any nuisance tree located on private property, except as specifically described in Subsection (B).
B.
City Easements. If, in the sole opinion of the City staff, a nuisance
tree has or may likely affect a City or public easement in any way,
then the City, at the City's option, may remediate, take down
or remove such nuisance tree. If the nuisance tree is located on private
property, then City staff shall make a reasonable attempt to notify
the private property owner(s) or occupant(s).
C.
City Responsibility Public Property. It shall be the responsibility
of the City to remediate, take down or remove a nuisance tree from
public property described, as follows:
[CC 1977 §34-4; Ord. No. 683 §2, 11-16-1966; Ord. No. 2904 §2, 3-7-2005]
For the purposes of this Article, the word "tree" shall include shrubbery, limbs and branches.
[CC 1977 §34-5; Ord. No. 683 §5, 11-16-1966; Ord. No. 2904 §3, 3-7-2005]
It shall be unlawful for the owner of any private property to
permit or allow any tree thereon to become or to remain in such an
insecure or unsafe condition that the same is apt to fall upon the
public ways or do injury to persons traveling the public ways or thoroughfares
of the City.
[CC 1977 §34-6; Ord. No. 683 §6, 11-16-1966; Ord. No. 2904 §4, 3-7-2005]
It shall be unlawful for the owner of any private property to
permit or allow any tree thereon to overhang or intrude upon any public
street, alley, boulevard, public way or sidewalk to such an extent
that the same unreasonably interferes with the traveling public. Any
such tree shall be deemed to interfere if the branches thereof shall
overhang or intrude within an area of nine (9) feet above the traveled
surface of any sidewalk or twelve (12) feet above the traveled surface
of any street.
[CC 1977 §34-7; Ord. No. 683 §4, 11-16-1966; Ord. No. 2873 §3, 7-19-2004; Ord. No. 2904 §5, 3-7-2005]
If trees on private property are declared a public nuisance,
the City Administrator or their duly authorized agents shall give
to the owner of the premises where such trees are situated written
notice of removal of such trees within a period of thirty (30) days
following such notice. Such tree will be removed and disposed of according
to the guidelines established by the United States Department of Agriculture
Forest Service under the direction and supervision of a certified
arborist. Such notice shall also notify the owner of such premises
that unless such trees are removed in such a manner within the thirty
(30) day period, the City will proceed with the removal of such trees
and assess the cost thereof against the property owner.
[CC 1977 §34-8; Ord. No. 683 §7, 11-16-1966; Ord. No. 2904 §6, 3-7-2005]
Any tree on private property which shall interfere with the
traveling public, or which is apt to fall upon public ways, or do
injury to persons traveling the public ways, is hereby deemed to be
a nuisance, and the City Administrator or their duly authorized agents
shall notify the owner of such premises that such tree shall be removed
or trimmed in compliance with the United States Department of Agriculture
Forest Service guidelines under the direction and supervision of a
certified arborist within a ten (10) day period. If the nuisance is
not abated within the ten (10) day period the City will proceed with
the removal or trimming of such tree and assess the costs thereof
against the property owner. It shall be unlawful for any person to
interfere with the City Administrator or their duly authorized agents
while performing the duties imposed upon them by this Section.
[CC 1977 §34-9; Ord. No. 724 §2, 9-19-1967; Ord. No. 2904 §7, 3-7-2005]
Service of notice as required in this Article shall be by personal
service, United States Postal Service First Class mail, or by registered
mail, addressed to the owner at his/her last known address as shown
on the records in the office of the City Clerk.
[CC 1977 §34-10; Ord. No. 683 §8, 11-16-1966; Ord. No. 2873 §4, 7-19-2004]
Upon receipt of the notice required by Section 220.340, it shall be the duty of the owner of any such premises to cause such tree to be removed or trimmed as required by the notice of the City Administrator under the direction and supervision of the City Administrator or his/her authorized agent. In lieu thereof, the person charged with such removal or trimming may request in writing that the same be done by the City Administrator.
[CC 1977 §34-11; Ord. No. 683 §8, 11-16-1966; Ord. No. 2873 §5, 7-19-2004; Ord. No. 2904 §8, 3-7-2005]
In the event the person upon who is served shall fail to remove
or trim any tree in compliance with such notice within the time specified
in such notice, the City may enter upon the property involved, perform
such work and the owner of such property shall be liable for the expenses
thereof.
[CC 1977 §34-12; Ord. No. 683 §10, 11-16-1966]
Trees on public lands within the City shall be removed at the
expense of the City. The City will share one-half (½) of the
cost for the removal of trees, the trunk of which is jointly on private
and public property. The City will bear the entire cost of removing
trees when more than one-half (½) of the diameter of the tree
trunk is on public property. The City shall be at no expense for the
removal of any tree, the trunk of which is entirely on private property,
but where the limbs and branches thereof overhang public property,
including overhead electric or telephone lines, nothing in this Chapter
shall prevent the City or any other public utility from trimming such
trees which interfere with overhead utility lines or services. The
determination of the City Administrator as to the location of the
tree shall be conclusive.
[CC 1977 §34-13; Ord. No. 683 §11, 11-16-1966]
A.
Whenever
it shall be necessary to temporarily lower, adjust or remove overhead
electric, telephone or other transmission lines or services in order
to remove or trim a tree, the property owner or the person licensed
to engage in the business of tree removal or tree trimming shall give
at least forty-eight (48) hours' advance notice to the City, telephone
company or other public utility, as appropriate, giving the time,
location and name of the party performing the work in order that the
temporary lowering, adjusting or removal can be accomplished.
B.
There
shall be no charge by the City for the temporary lowering, adjusting
or removal of overhead lines and services on weekdays during regular
working hours; however, for work performed after regular working hours
or on Saturdays, a service charge based on labor and equipment shall
be payable to the City by the person requesting the work. Overhead
lines and services shall not be lowered, adjusted or removed by the
City on Sundays or legal holidays.
[Ord. No. 3677, 12-4-2023]
A.
Noxious Weeds. As may be amended from time to time by the United
States Department of Agriculture, Missouri State Listed Noxious Weeds.
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American Lotus
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Bigpod Sesbania
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Black Locust
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Cattail
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Duckmeat
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Duckweed
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Eastern Poison Ivy
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Floating Primrose-Yellow
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Gray Dogwood
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Hornwort
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Osage-Orange
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Pondweed
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Sesbania
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Smooth Sumac
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Stiff Dogwood
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Waterlily
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Watermeal
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Watermilfoil
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Waternymph
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Watershield
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B.
Invasive Plants. As may be amended from time to time by the Missouri
Department of Conservation and listed in the Missouri Vegetation Manual.
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Amur Honeysuckle
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Autumn Olive
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Bird's Foot Trefoil
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Border Privet
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Burning Bush
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California Privet
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Callery Pear
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Canada Thistle
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Caucasian Bluestem
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Chinese Privet
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Chinese Wisteria
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Chinese Yam
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Common Buckthorn
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Common Teasel
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Crownvetch
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Cutleaf Teasel
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European Common Reed
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Fuller's Teasel
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Garlic Mustard
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Himalayan Blackberry
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Japanese Chaff Flower
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Japanese Honeysuckle
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Japanese Hop
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Japanese Knotweed
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Japanese Stiltgrass
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Japanese Wisteria
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Johnsongrass
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Kudzu
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Leafy Spurge
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Morrow's Honeysuckle
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Multiflora Rose
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Musk Thistle
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Nepalese Browntop
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Nodding Plumeless Thistle
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Oriental Bittersweet
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Purple Loosestrife
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Reed Canarygrass
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Sacred Bamboo
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Sericea Lespedeza
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Showy Fly Honeysuckle
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Smooth Brome
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Spotted Sumac
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Sweet Autumn Virginsbower
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Sweetclover
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Tall Fescue
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Waterthyme
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White Sweetclover
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Winter Creeper
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Yellow Bluestem
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Yellow Sweetclover
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C.
Native Plants. As may be amended from time to time by the Missouri
Department of Conservation and listed on the Grow Native! website:
www.grownative.org.
