[Ord. No. 259,
passed 3-28-1966]
As used in this chapter, "public streets, highways, alleys,
places and parks" are hereby determined to include all lands owned
in fee by the City and all lands upon which the City has rights of
way. Noxious weeds shall include those plants which are defined in
State law as noxious weeds, and shall include any other plants which,
in the opinion of the City Manager, may be regarded as a common nuisance.
[Ord. No. 259,
passed 3-28-1966; Ord. No. 413, passed 11-25-1985]
The City shall hereafter have full power and authority over,
of and with respect to the trees, shrubs and plants now and hereafter
planted or growing in the public streets, highways, alleys, cemeteries,
places and parks within the City, and the planting, location, maintenance,
protection, preservation, trimming, treatment and removal thereof.
All matters incident thereto shall hereafter by subject to the direction
and control of the City Manager or his or her designated representative.
[Ord. No. 259,
passed 3-28-1966; Ord. No. 413, passed 11-25-1985]
Except upon order of the City Manager, it shall be unlawful
for any person, firm or corporation, or the officer or employee of
a corporation, without a written permit from the City Manager, to
remove, destroy, cut, break, climb or injure any tree, plant or shrub
or portion thereof that is planted or growing in or upon any public
highway or public place within the City, or to cause or authorize
or procure any person to cut, break, climb, remove, destroy or injure
any such tree, plant or shrub or part thereof; or to injure, misuse
or remove, or cause, authorize or procure any person to injure, misuse
or remove any device set for the protection of any tree, plant or
shrub in or upon any public highway or public place. Any person, firm
or corporation, or officer or employee of a corporation, desiring
for any lawful purpose, including the construction or maintenance
of franchised utility service, to remove, destroy, cut, prune, treat
with a view to its preservation from disease or insects, or trim and
trees, plants, or shrubs in or upon any public highway or public place,
shall make application therefor on blanks furnished by the City Manager.
If, in the judgment of the City Manager, the desired removing, cutting,
pruning, treatment or trimming shall appear necessary, and the proposed
method and workmanship thereof shall be such as the City Manager approves,
the City Manager may thereupon issue a written permit for such work.
Any work done under such written permit must be performed in strict
accordance with the terms thereof and the provisions of this chapter,
and under the supervision and direction of the City Manager or his
or her duly authorized representative.
[Ord. No. 259,
passed 3-28-1966]
It shall be unlawful for any person, firm or corporation owning,
using, or having control or charge of gas or other substances deleterious
to tree life, to allow such gas or other deleterious substances to
come into contact with the soil surrounding the roots of any tree,
shrub or plant in any public highway or public place in such manner
as shall kill or destroy or may injure such tree, shrub or plant.
It shall also be unlawful for any person, firm or corporation to cause,
authorize, permit, allow or suffer any salt, brine water, oil, liquid
dye or other substance deleterious to tree life, to lie on, or to
leak, pour, flow, or drip onto or into, the soil about the base of
such tree, shrub or plant or onto any sidewalk, road, pavement or
gutter at a point where such substance may lie on or flow, drip or
seep into such soil, or in any other manner whatsoever penetrate the
soil, in such manner as to injure such tree, shrub or plant. It shall
also be unlawful for any person, firm or corporation to deface, with
paint, whitewash or other materials, trees or shrubs in any public
highway or public place.
[Ord. No. 259,
passed 3-28-1966]
Any tree, shrub or plant not situated upon a public street,
highway, alley, place or park, but so situated as to extend its branches
over a public street, alley, place or park, shall be so trimmed by
the owner or owners of the real property upon which the same is located
that there shall be, from the surface of the ground, a branch or limb
clearance of not less than 10 feet. The owners of the real property
referred to in this section shall further, and at their own expense,
remove dead branches or stubs on such trees which, in the judgment
of the City Manager, will or may become a menace to the public use
of the streets, highways, alleys and places. All trees growing on
corner lots shall be trimmed so as to have a ground clearance of not
less than 10 feet. No shrubs, bushes or plants, growing on corner
lots and located on the triangle formed by two property lines at the
intersection of two streets and extending for a distance of 25 feet
each way from the intersection of the right of way lines, shall be
permitted to a height of more than three feet above the surface of
the roadway. These provisions are included to provide a clear view
for drivers of vehicles approaching street intersections.
In the event that the owners of the premises referred to in
this section neglect or refuse to trim such trees, shrubs or plants
on being notified in writing to do so by the City Manager, it shall
be the duty of such City Manager, after 10 days from the date of such
written notice, to cause such trimming to be done, and the cost of
such trimming shall be a charge upon the real property of such owners.
Such costs shall be certified by the City Manager to the City Treasurer,
and shall thereupon become and be a lien upon such property, and shall
be included in the next tax bill rendered to the owners, unless paid
before, and shall be collected in the same manner as other taxes against
such property.
[Ord. No. 259,
passed 3-28-1966; Ord. No. 413, passed 11-25-1985]
Nothing in this chapter shall be construed so as to prevent
the removal of any trees, shrubs, plants, roots or parts thereof,
which may be done under the supervision of the City Manager or under
the supervision of the Board of Public Utilities, when such removal
shall be necessary or advisable for the construction or maintenance
of any sidewalk, sewer, waterline, electric line and/or equipment,
street or other public improvement.
[Ord. No. 259,
passed 3-28-1966]
In the erection, removal, alteration or repair of any building
or structure, the owner or owners thereof shall previously thereto
place, or cause to be placed, adequate guards and protection around
all nearby trees, shrubs and plants situated on public streets, highways,
alleys, places and parks as will prevent injury thereto.
[Ord. No. 259,
passed 3-28-1966]
It shall be unlawful for any person, firm or corporation to
plant or set out any trees or shrubs, or cause or authorize any person
to plant or set out any trees or shrubs, in or upon any part of any
public highway or public place, without obtaining from the City Manager
a written permit to do so, and without first complying in all respects
with the conditions set forth in such written permit and with the
provisions of this chapter. Such permit shall be issued in accordance
with the judgment of the City Manager for such planting and in accordance
with such regulations for planting as the City Manager may from time
to time impose.
[Ord. No. 259,
passed 3-28-1966]
The City Manager shall have the right to plant, trim, spray,
preserve and remove trees, plants and shrubs within the lines of all
streets, alleys, avenues, lands, parks and public grounds as may be
necessary to insure safety or preserve the symmetry and beauty of
such place. The City Manager may remove any trees or parts thereof
which are in an unsafe condition or which, by reason of their nature,
are injurious to sewers or other public improvements, or are affected
with any injurious fungus, insect or other pest.
[Ord. No. 259,
passed 3-28-1966]
The City Manager shall have the power to enter upon any private
property in the City and to spray or otherwise treat any shrub or
plant infected or infested by a parasite or insect pest, or fungus,
when it shall in his or her opinion be necessary to do so in order
to prevent the spreading of such parasite, fungus or insect pest and
to prevent danger therefrom to trees and shrubs planted on public
grounds or places.
The City Manager shall further have the right to remove any
trees or shrubs located on private property when, in his or her opinion,
the infected condition of the trees or shrubs in such that damage
may likely be injurious to trees growing on public property. The cost
of any trimming or removal under this section shall be a charge upon
the real property and shall be certified by the City Manager to the
City Treasurer and shall be a lien upon such property, shall be included
on the next tax bill rendered to the owner thereof unless paid before,
and shall be collected in the same manner as other taxes against such
property.
At least 10 days prior to any treatment, trimming or removal
under this section, however, the City Manager shall first give notice
in writing to the owner of such property in order that the owner may
provide for such treatment, trimming or removal, and upon failure
of such owner to comply with the orders contained in the notice, the
City Manager shall have the power to treat, trim or remove trees in
accordance with this section.
[Ord. No. 259, passed 3-28-1966; amended 10-12-2015 by Ord. No. 790]
Grass plots growing on any public street or alley shall be kept
mowed by the owner or owners of the abutting property. When such grass
or weeds on such premises are six inches in height, they shall be
considered neglected. In case the owner or owners shall refuse to
mow such grass or weeds on being notified in writing to do so by the
City Manager, it shall be the duty of the City Manager, after 10 days
from the date of such written notice, to cause the mowing to be done,
and the cost of the mowing by the City Manager shall be a charge upon
the abutting real property, shall be certified to the City Treasurer
and shall become a lien on such property, shall be included in the
next tax bill rendered to the owner or owners unless paid before,
and shall be collected in the same manner as other taxes against such
property. Upon a second or subsequent violation of this section within
the calendar year after the City Manager has given notice pursuant
to this section, it shall be the duty of the City Manager to cause
the mowing to be done and charge the cost therefore upon the abutting
real property as provided in this section without further notice.
[Ord. No. 331,
passed 4-12-1976; Ord. No. 259, passed 3-28-1966; Ord. No. 736, passed 8-24-2009]
(a)
It shall be the duty of the owner, owner's agent or occupant
of any land within the City to cut or destroy all weeds, noxious weeds,
grass or other rank or noxious vegetation before the same reaches
seed-bearing stage on all land located within 200 feet of developed
property. It shall further be the duty of such person or persons to
destroy poison ivy or other spreading brush, such as sumac, mulberry
trees, wild blackberry and tree of heaven, located within 200 feet
of developed property. All diseased elm trees should be cut and destroyed
to keep them from spreading. It shall further by the duty of such
person or persons to destroy poison ivy or other plants injurious
to health, whenever growing upon lands under their control, when such
plans may cause injury or discomfort to any person in the City. It
shall further by the duty of persons to cut all brush on land located
within 200 feet of developed property.
(b)
The City Manager, the Public Safety director, or the designee of
either, may notify the owner, agent, or occupant of any land who is
neglectful of his or her duties under this chapter, personally, or
by first-class United States mail, and may order such owner, agent,
or occupant to comply with the terms of this chapter within 10 days.
Upon a second or subsequent violation of this section within the calendar
year after the City Manager has given notice pursuant to this section,
it shall be the duty of the City Manager to cause the clean up to
be done and charge the cost therefor upon the abutting real property
as provided in this section without further notice.
[Amended 10-12-2015 by Ord. No. 790]
(c)
Failure of the City Manager to give such notice shall not, however,
constitute a defense to any action to enforce the payment of any penalty
herein provided or a defense to any debt or lien created under the
provisions of this chapter.
(d)
In the event that the owner, agent or occupant fails to comply with the order specified in (b) hereinabove, the City may destroy or cause to be destroyed such weeds, noxious weeds, grass, brush or other rank or noxious vegetation. For this purpose the City is authorized to enter upon such land. In such event, all expenses incurred by the City in enforcing compliance with this section 690.12 shall be paid by the owner or owners of the land, and the City shall have a lien on such land for the costs so incurred. In such event, the amount of such expenses also to be added to the real estate tax assessment rolls for such land, and such sums may be collected in the same manner in which real estate taxes are collected.
[Ord. No. 259,
passed 3-28-1966]
No person shall interfere with, hinder or prevent the City Manager,
or employees or persons working under his or her direction, from exercising
the rights, duties and powers herein provided.
[Ord. No. 500, passed 12-12-1994; amended 10-12-2015 by Ord. No. 790]
(a)
The City Manager or his or her designated representative, and/or the Director of Police and Fire Services and his or her designated representative, are hereby designated as the authorized City officials to issue Municipal civil infraction citations (directing alleged violators to appear in court) or Municipal civil infraction violation notices (directing alleged violators to appear at the City of Coldwater Municipal Ordinance Violations Bureau) as provided in Chapter 211 of the Administration Code.
(b)
All other notices given pursuant to this chapter shall be in writing
and shall include a statement of the violation or violations and why
the notice is being issued. Such notices shall be served by the following
method:
(1)
Notices relating to grass and noxious weeds pursuant to §§ 1060.11 and 1060.12 shall be sent by certified or first-class mail, addressed to the subject property. If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place on or about the structure affected by such notice.
(2)
All other notices given pursuant to this chapter shall be in
writing and delivered by certified mail or first-class mail and posted
on the property.
[Ord. No. 500,
passed 12-12-1994]
A person who violates any provision of this chapter is responsible
for a Municipal civil infraction and shall be subject to the payment
of a civil fine of not less than $25, plus costs and other sanctions,
for each infraction. A second offense, within a period of 90 days,
shall be subject to a civil fine of not less than $50, plus costs
and other sanctions, for each infraction. Third and subsequent offenses,
within 90 days, shall be subject to a civil fine of $100, plus costs
and other sanctions, for each infraction.
