[R.O. 2007 § 535.010; Ord. No. 2894 § 1, 8-13-1998]
This Chapter shall be known and may be cited as the Municipal
Tree and Landscape Regulations of the City of St. Peters, Missouri.
[R.O. 2007 § 535.020; Ord. No. 2894 § 2, 8-13-1998]
It shall be the intent of this Chapter, through the maintenance,
placement, planting, preservation and protection of trees to: aid
in the stabilization of soil by the prevention of erosion and sedimentation;
reduce stormwater run-off and flooding and the cost associated therewith;
provide a buffer and screen against noise pollution; provide protection
against severe weather; provide shade for cooling urban islands and
structures; protect and increase property values; reduce air pollution
and protect the citizens of the City from the dangers of harmful chemicals;
conserve and enhance the City's physical and aesthetic environment;
and generally protect and enhance the quality of life and the general
welfare of the City and its residents.
[R.O. 2007 § 535.030; Ord. No. 2894 § 3, 8-13-1998; Ord. No. 3180 § 1, 1-27-2000]
For the purposes of this Chapter, the following terms shall
be deemed to have the meanings indicated:
AGENT OF THE CITY ADMINISTRATOR
Any employee or representative of the City of St. Peters
who has been assigned certain responsibilities by the City Administrator
with regard to carrying out or performing specific functions of the
Municipal Tree and Landscape Regulations.
CITY ADMINISTRATOR
The representative of the City of St. Peters who by ordinance
works under the administrative direction of the Mayor in superintending
all activities of the City and its employees.
CITY-OWNED PROPERTY/MUNICIPAL OWNED PROPERTY
Property within the City limits of the City of St. Peters,
Missouri, and:
1.
Owned by the City in fee simple absolute, or
2.
Expressly dedicated to the public for present or future use
for purposes of vehicular traffic.
DEVELOPER
Person or company responsible for performing work on a lot
or parcel of land. Typically involves excavating, grading, clearing,
or constructing, but is not exclusive to such activities.
FRONTAGE
The total linear feet of property that borders a street,
road, avenue, or any other designated area for vehicular traffic.
MAINTENANCE
Any measure considered to be vital or beneficial to the proper
care and cultivation of any tree, shrub, or other plant material.
This includes pruning, irrigating, fertilizing, spraying, or otherwise
applying pesticides, staking, bracing, guying, cabling, wrapping,
mulching, insect and disease control, and any other horticultural
practices performed as seen necessary to promote the general health
of plant material.
OPEN SPACES
All area within the property lines of any proposed or existing
commercial or industrial development that is not covered with a building
or permanent structure. Paved surfaces, green space, and landscaping
are all considered to be a portion of open space.
PUBLIC RIGHT-OF-WAY
Area that has been dedicated for use as a street or roadway,
often including a portion of land beyond the existing or proposed
paved surfaces.
TOP/TREE TOPPING
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.
WOODLANDS
Any grouping of trees showing the typical or partial ecosystem
of a forest, including trees, underbrush, and communities of other
organisms connected in ways that aid in the survival of all members.
[R.O. 2007 § 535.040; Ord. No. 2894 § 4, 8-13-1998]
A. The City
Administrator and his/her agent shall have the authority and jurisdiction
to regulate the installation, maintenance, and removal of plant material
growing now or hereafter on City-owned property or public right-of-way
to ensure the safety of or preserve the aesthetics of such public
sites.
B. The City
Administrator and his/her agent shall have the authority to promulgate
the rules and regulations of the "Arboricultural Specifications Manual"
governing the planting, maintenance, and removal of plant material
on City-owned property or public right-of-way.
C. The City
Administrator and his/her agent shall have the authority to prevent
actions or operations which could cause harm to public plant material.
D. The City
Administrator and his/her agent shall have the authority to order
the removal or otherwise abatement of any plant material on private
or public property which has been declared a nuisance or endangers
public health or well being.
E. The City
Administrator and his/her agent shall have the authority to prevent
the topping of any tree on City-owned property or public right-of-way,
and to prevent any person working for hire within the corporate limits
of the City of St. Peters from topping any tree on publicly or privately
owned land.
F. The City
Administrator and his/her agent shall have the authority and jurisdiction
to require the installation of landscaping on all sites within the
City limits having new construction, major additions to property or
structures, or major rehabilitation.
G. The City
Administrator and his/her agent shall cause the provisions of this
Chapter to be enforced.
[R.O. 2007 § 535.050; Ord. No. 2894 § 5, 8-13-1998]
A. The City
shall have the right to plant and maintain any plant material within
the boundaries of City-owned property or public right-of-way as may
be necessary to insure public safety or to preserve or enhance the
symmetry and aesthetics of such public grounds.
B. The City
may remove, or cause or order to be removed, any plant material or
part thereof originating on or having any portion above or below ground
within the boundaries of City-owned property or public right-of-way
which is in an unsafe condition or which by reason of its nature is
injurious to sewers, utility lines, gas lines, water lines, sidewalks,
curbs, streets, structures, or other public improvements, or is affected
with any injurious fungus, insect, disease or other pest.
C. The City
shall perform whatever acts are necessary to insure that all plant
material originating on City-owned property, or having any portion
within the boundaries of City-owned property, conforms with the following:
the comprehensive, long-range program for the optimization of the
plant resources of the City of St. Peters, the standards of the "Arboricultural
Specifications Manual", and the requirements of this Chapter.
[R.O. 2007 § 535.060; Ord. No. 2894 § 6, 8-13-1998]
A. No person
except for City work crews shall plant, perform maintenance on, remove,
cut above or below ground, excavate near or otherwise disturb any
plant material on any City-owned property or public right-of-way without
first filing an application and procuring a permit from the City.
The person receiving the permit shall abide by all conditions stated
on the permit and by the standards outlined in the "Arboricultural
Specifications Manual". Notwithstanding the foregoing, no person shall
be required to procure a permit from the City for the routine mowing
of grass or the routine minor pruning of other plant material or plants
upon public rights-of-way, when said rights-of-way adjoin the person's
real property.
1. Application
for permits must be made to the City not less than five (5) working
days in advance of the time that the work is to be done. Applications
for permits are available at the St. Peters City Hall, One St. Peters
Centre Boulevard, St. Peters, Missouri.
a. No
person or property owner shall plant or cause to be planted any plant
material on City-owned property or public right-of-way, without first
filing an application and procuring a permit from the City. The application
for planting required herein shall state the proposed number of plants
to be set out; the proposed location, grade, species, cultivar or
variety of all plants to be set out; the method of planting; and any
such other information as the City shall find reasonably necessary
to make a fair determination of whether a permit should be issued.
The person or property owner shall bear the cost of all operations
and materials relating to the proposed planting.
b. No
person or property owner shall perform or cause to be performed any
maintenance on any plant material on City-owned property or public
right-of-way for any reason, without first filing an application and
procuring a permit from the City. The application for maintenance
required herein shall state the proposed number and type of plants
to be affected; the proposed treatment to be administered; the composition
of any proposed material to be applied; and any such other information
as the City shall find reasonably necessary to make a fair determination
of whether a permit should be issued. The person or property owner
shall bear the cost of all operations and materials relating to the
proposed maintenance.
c. No
person or property owner shall remove or cause to be removed any plant
material from City-owned property or public right-of-way for any reason,
without first filing an application and procuring a permit from the
City. The application for removal required herein shall state the
proposed number and type of plants to be affected; the proposed method
of removal; and any other such information as the City shall find
reasonably necessary to make a fair determination of whether a permit
should be issued. Persons permitted to remove plant material from
City-owned property or public right-of-way may be required to replace
such plant material in accordance with the adopted "Arboricultural
Specifications Manual". Such replacement shall meet the standards
of size, species, and placement as provided for in a permit issued
by the City. The person or property owner shall bear the cost of all
operations relating to the proposed removal and replacement.
d. No
person shall excavate, or cause to be excavated, any holes, pits,
ditches, tunnels, or trenches, or construct or cause to be constructed
any buildings, structures, sidewalks, or driveway, or lay or cause
to be laid any impervious surfaces, or affect the ground or cause
the ground to be affected on private property in any way reasonably
known to be detrimental to plant material on City-owned property,
without first filing an application and procuring a permit from the
City. Such work shall be done in accordance with the provisions outlined
in the permit issued by the City and with the adopted "Arboricultural
Specifications Manual" for the City of St. Peters.
e. No
person shall excavate, or cause to be excavated, any holes, pits,
ditches, tunnels, or trenches, or construct or cause to be constructed
any buildings, structures, sidewalks, or driveway, or lay or cause
to be laid any impervious surfaces, or affect the ground or cause
the ground to be affected in any way on City-owned property or public
right-of-way if such work is within the dripline of any City-owned
plant material or within fifteen (15) feet of privately-owned plant
material, without first filing an application and procuring a permit
from the City. Such work shall be done in accordance with the provisions
outlined in the permit issued by the City and with the adopted "Arboricultural
Specifications Manual" for the City of St. Peters.
f. Public
and private utilities and contractors shall submit written specifications
for pruning, trenching, horizontal boring, and all other operations
which affect any trees, shrubs or plants on public property to the
City for approval. Upon approval of its specifications, a utility
or contractor shall not be required to obtain a permit for routine
operations affecting plant material having its origin on City-owned
property or public right-of-way as long as such work is done in strict
accordance with the approved specifications, the "Arboricultural Specifications
Manual", and with any provisions outlined in the original permit issued
by the City. Requests from the public or private utilities or contractors
for the removal of City-owned plant material shall be handled on an
individual permit basis. Failure to comply with the approved specifications
is a violation of this Chapter.
2. The
City shall issue a permit provided for herein if, in their judgment,
the proposed work is desirable and the proposed method and workmanship
thereof follow the guidelines stated in the "Arboricultural Specifications
Manual". Any permit granted shall contain a definite date of expiration
and the work shall be completed in the time allowed on the permit
and in the manner as therein described. Any person shall be void if
its terms are violated.
3. Notice
of completion of all work allowed by permit shall be given to the
City within five (5) working days of completion for inspection.
a. Whenever
work performed on any plant material on City-owned property requires
additional attention from the City or the City's contractor due to
poor workmanship or lack of completion, the exact cost thereof shall
be assessed to the original permit holder. If no permit had been obtained,
the cost shall be assessed to the party responsible for issuing the
order for the work.
b. Whenever
any plant material shall be planted or set out improperly, or in conflict
with the provisions of this Chapter, it shall be lawful for the City
to remove, cause removal of, alter, or relocate of such plant material,
and the exact cost thereof shall be assessed to the person responsible
for issuing the order to set out the plant material.
[R.O. 2007 § 535.070; Ord. No. 2894 § 7, 8-13-1998]
A. Except for public nuisances as set forth in Section
535.080, it shall be unlawful and a violation of this Chapter for any person to do any of the following:
1. Abuse,
mutilate, damage, cut, carve, transplant, attach rope or wire, nail
advertising poster or other contrivance to, cause root damage to,
or harm in any way, any plant material on City-owned property or public
right-of-way;
2. Deposit,
store, or maintain on City-owned property or public right-of-way any
stone, brick, sand, concrete, lumber, wood, tile, pipe, equipment,
or other material which reasonably may be expected to impede the free
passage of water, air or fertilizer to the roots, or harm in any way,
any plant material on City-owned property or public right-of-way;
3. Cause
any gaseous, liquid or solid substance to be located where such substance,
because of the nature or amount, may reasonably be expected to be
toxic or otherwise harmful to plant material located on City-owned
property or public right-of-way; or
4. Cause
any fire to burn on City-owned or private property, if such fire,
or the heat, smoke, or ash therefrom may reasonably be expected to
injure any portion of any plant material located on City-owned property
or public right-of-way. This Subsection shall not be constructed to
exempt any person from complying with State laws or ordinances of
the City of St. Peters respecting burning.
B. Any person found guilty of any of the listed prohibited acts of this Chapter, or of causing harm in any way to plant material on City-owned property or public right-of-way, regardless if permanent damage to plant material is sustained, shall be subject to the penalty outlined in Section
535.120 of this Chapter.
[R.O. 2007 § 535.080; Ord. No. 2894 § 8, 8-13-1998]
A. The following
may be declared public nuisances under this Chapter:
1. Any
dead or dying plant material, any damaged, noxious, or otherwise declared
undesirable plant material, whether located on City-owned property
or on private property.
2. Any
otherwise healthy plant material, whether located on City-owned property
or on private property, which harbors insects or disease which reasonably
may be expected to injure or harm any other plant material.
3. Any
plant material, or portion thereof, whether located on City-owned
property or on private property, which by reason of location or condition
constitutes an imminent danger to the health, safety, or welfare of
the general public.
4. Any
plant material or portion thereof whether located on City-owned property
or on private property, which overhangs a sidewalk, street, or alley
and has branches or leaves at a height of less than eight (8) feet
above the sidewalk or fourteen (14) feet above the street, or which
obstructs the free passage of pedestrian or vehicular traffic.
5. Any
plant material or portion thereof whether located on City-owned property
or on private property which obstructs the view of vehicular or pedestrian
traffic.
6. Any
plant material or portion thereof whether located on City-owned property
or on private property which obstructs the view of a traffic light,
sign, or other traffic control devices, or obstructs the illumination
from any street-, park-, public-, or alley-light.
7. Any
plant material or portion thereof whether located on City-owned property
or on private property which threatens or causes harm to any public
structures such as sidewalks, streets, utilities, trails, or any other
public improvements.
8. Any
plant material or portion thereof, whether located on City-owned property
or on private property which obstructs, inhibits, or in any way interferes
with refuse collection by the City.
9. Any
plant material whether located on City-owned property or on private
property which has been declared a noxious plant by the State of Missouri.
10. Any
plant material or portion thereof, whether located on City-owned property
or on private property which in any way interferes with the quality
of life of the residents of the City.
B. The following
are the prescribed means of abating public nuisances under this Chapter:
1. Any
public nuisance under this Chapter which is located on City-owned
property shall be removed or otherwise treated by the City in whatever
fashion is required to cause the abatement of the nuisance within
a reasonable time after its discovery.
2. Any public nuisance under this Chapter which is located on private property shall be removed or otherwise treated by the property owner or his/her agent in whatever fashion is required to cause the abatement of the nuisance, providing no substantive harm is caused to any other plant material, persons, structures, or property, and such abatement is performed in compliance with a permit issued pursuant to Section
535.060 hereof. No property owner may be found guilty of violating this provision unless and until all steps for abating a nuisance as outlined in Section 71.285, RSMo., and Section
215.033 of this Code are fully executed.
3. The
City Administrator is empowered to cause the immediate abatement of
any public nuisance under this Chapter, provided that the nuisance
is declared by the City Administrator to threaten imminent or serious
danger to any person or property, and provided that the owner of the
property on which the nuisance is located cannot be found through
the diligent efforts of the City.
[R.O. 2007 § 535.090; Ord. No. 2894 § 9, 8-13-1998]
A. It shall
be unlawful for any person to top any tree on City-owned land or public
road right-of-way.
B. 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
of St. Peters.
[R.O. 2007 § 535.100; Ord. No. 2894 § 10, 8-13-1998; Ord. No. 3180 § 2, 1-27-2000; Ord. No. 3280 § 1, 8-10-2000]
A. This
Section is adopted in conjunction with the Zoning and Subdivision
Regulations and Administrative Policies of the City of St. Peters.
Developments in some zoning districts of the City may be subject to
more extensive landscape requirements.
1. A landscape
plan must be submitted to the City for approval for any sites located
within the City limits, having new construction, major additions to
property or structures, or major rehabilitation, excluding "R-1",
"R-2" and "PUD R-1" or "PUD R-2" single-family residentially zoned
lots:
a. The
landscape plan must include the species, size, and quantity of all
plant material to be installed, and should generally describe all
significant plant material on the site and adjacent street rights-of-way.
b. All
lots having forty percent (40%) or less open space must have a minimum
of twenty percent (20%) of that open space landscaped with trees,
shrubs, living ground cover, or plant material other than grass or
turf. Lots having more than forty percent (40%) open space must have
a minimum of ten percent (10%) of the total lot landscaped with trees,
shrubs, living ground cover, or plant material other than grass. Square
foot credits for the purpose of calculating percentages of landscaped
area are detailed in the "Arboricultural Specifications Manual".
c. Plant
species and planting methods must conform to the specifications detailed
in the "Arboricultural Specifications Manual".
d. All
landscape plans must demonstrate the maximum preservation of existing
plant materials.
e. Landscape
plans will be evaluated by an agent of the City Administrator and
no building permit shall be issued until said plan has been approved.
f. If
site conditions prohibit achieving the minimum landscape credits required,
the property owner or developer may apply to the City Administrator
for a variance. If approved, the variance conditions shall include
a deposit to the City's tree bank in lieu of the plantings. The deposit
shall be calculated as outlined in the "Arboricultural Specifications
Manual".
g. All
approved landscape materials must be installed before a final occupancy
permit will be issued, unless an escrow is posted with the City in
lieu thereof for the cost and labor of installing such materials.
Escrows shall:
1. Be prepared on forms furnished by the City of St. Peters; four (4)
originals shall be provided to the City.
2. Be approved by the agent of the City Administrator.
3. Guarantee the improvements set forth in the approved landscape plan
by providing for deposit (cash, certified check, or cashier's check)
with the City of St. Peters or an institution whose deposits are federally
insured by the United States Government of that sum of lawful monies
of the United States of America or a lender's agreement in the amount
of which the agent of the City Administrator shall reasonably estimate
as the cost of said improvements. The developer/contractor shall submit
a listing of improvement quantities along with the estimated unit
cost to facilitate the agent of the City Administrator completing
the estimate.
4. If there is an escrow sum, it shall be held in a special account
by the escrow holder subject to the audit by the agent of the City
Administrator and/or Board of Aldermen of the City of St. Peters,
Missouri.
5. If there is a lender's agreement, it shall be subject to the audit
by the agent of the City Administrator and/or the Board of Aldermen
of the City of St. Peters.
6. The estimated sum shall be held by the escrow holder or the lender
as provided for in the agreement. Authorization shall be written and
addressed or copied to the escrow holder or the lender authorizing
release. The agent of the City Administrator may authorize release
for disbursement by the escrow holder or lender for the payment of
labor and materials used in the installation of the improvements guaranteed,
as the work progresses, and when such work is approved by the agent
of the City Administrator.
h. In
the event that the improvements for a lot or lots are not satisfactorily
installed within one (1) year after the issuance of an occupancy permit
therefore, the City of St. Peters has the right to remove said monies
from escrow to complete the guaranteed improvements, unless an extension
in time is granted.
i. All
landscapes must remain at this minimum specification or greater after
a final occupancy permit is issued.
2. The
owner or developer of any proposed commercial or industrial property
must plant trees along all streets that the said development has frontage
on. The trees shall be planted at a maximum spacing of sixty (60)
feet and shall be located in or parallel to the right-of-way, not
set back more than ten (10) feet from the property line, subject to
approval by the City. Tree species and planting must conform to the
guidelines detailed in the "Arboricultural Specifications Manual".
All trees planted must be maintained in a vigorous state.
3. The
developer of any proposed residential development or subdivision shall
lay sod on the front and side yards of all developed lots (said requirement
shall not exceed eight thousand (8,000) square feet in area) and shall
plant trees along all streets in said development or subdivision.
There shall be one (1) tree planted in front of each lot that has
seventy-nine (79) feet or less road frontage. Lots having eighty (80)
feet or more road frontage shall have one (1) tree planted for every
forty (40) feet of frontage. All trees shall be located in the right-of-way
with exact placement subject to approval by the City. Tree species,
planting methods, and planting location must conform to the guidelines
detailed in the "Arboricultural Specifications Manual" and must be
detailed in the required planting permit. Exceptions to the tree planting
requirement are outlined in the "Arboricultural Specifications Manual".
a. A
street tree plan must be submitted to and approved by the City depicting
each lot, the adjacent rights-of-way, and the street trees for each
lot submitted for approval.
b. All
approved landscape materials for each lot must be installed before
final occupancy will be approved, unless an escrow is posted with
the City in lieu thereof for the cost and labor of installing such
materials and guaranteeing the installation of said improvements in
accordance with the approved plan.
c. Escrows
shall:
1. Be prepared on forms furnished by the City of St. Peters; four (4)
originals shall be provided to the City.
2. Be approved by the agent of the City Administrator.
3. Guarantee the improvements set forth in the approved street tree
plan by providing for deposit (cash, certified check, or cashier's
check) with the City of St. Peters or an institution whose deposits
are federally insured by the United States Government of that sum
of lawful monies of the United States of America or a lender's agreement
in the amount which the agent of the City Administrator shall reasonably
estimate as the cost of said improvements. The developer/contractor
shall submit a listing of improvement quantities along with the estimated
unit cost to facilitate the agent of the City Administrator completing
the estimate.
4. If there is an escrow sum, it shall be held in a special account
by the escrow holder subject to the audit by the agent of the City
Administrator and/or Board of Aldermen of the City of St. Peters,
Missouri.
5. If there is a lender's agreement, it shall be subject to the audit
by the agent of the City Administrator and/or the Board of Aldermen
of the City of St. Peters.
6. The estimated sum shall be held by the escrow holder or the lender
as provided for in the agreement. Authorization shall be written and
addressed or copied to the escrow holder or the lender authorizing
release. The agent of the City Administrator may authorize release
for disbursement by the escrow holder or lender for the payment of
labor and materials used in the installation of the improvements guaranteed,
as the work progresses, and when such work is approved by the agent
of the City Administrator.
d. In
the event that the improvements for a lot or lots are not satisfactorily
installed within one (1) year after the issuance of an occupancy permit
therefore, the City of St. Peters has the right to remove said monies
from escrow to complete the guaranteed improvements, unless an extension
in time is granted.
4. On tracts
of land greater than three (3) acres, no more than fifty percent (50%)
of any woodlands may be cleared or developed. Wherever these canopy
coverage requirements create a hardship, the property owner or developer
may apply to the City for a permit to clear or develop additional
woodland areas. This additional land clearing shall be permitted only
after approval from the City Administrator and after the following
conditions have been met:
a. The
property owner or developer shall designate a new woodland area on
a part of the same site that is not already forested. The new woodland
area shall consist of one and one-half (1.5) times the surface canopy
of the additionally cleared area.
b. The
new woodland area shall be reforested according to standards in the
"Arboricultural Specifications Manual". Spacing of replacement trees
will be compatible with spatial limitations and with responsible considerations
toward anticipated results. When the City Administrator determines
that site spatial constraints result in an absolute inability to provide
the required tree density, as many trees as possible must be planted
on the site. The remaining balance of trees must be provided to the
City in the form of a cash deposit to the City's tree bank. Tree bank
calculations are detailed in the "Arboricultural Specifications Manual"
and arrangements can be made by the City Administrator.
c. The
developer shall employ all tree protective measures as outlined in
the "Arboricultural Specifications Manual".
d. Should
any preserved tree or any tree within the required canopy coverage
die as a result of grading or construction damage, or suffer damage
that will render the tree damaged beyond repair, the property owner
or developer shall replace the trees or pay a fine to the City, whichever
the City Administrator deems necessary. The number of replacement
trees shall be determined by matching the total caliper inches of
trees to be planted with the total caliper inches of trees that died
or were damaged beyond repair. A planting plan shall be developed
for the replacement trees according to specifications shown in the
"Arboricultural Specifications Manual". Fines shall be equal to the
value of the trees that die or are damaged beyond repair. The value
of the trees will be determined using the International Society of
Arboriculture's Guide for Plant Appraisal. (Copies available from
ISA at Box GG, Savoy, IL 61874-9902)
e. Prior
to the issuance of a tree removal permit, the property owner or developer
shall post one (1) or more escrows for the benefit of the City of
St. Peters. The escrows shall be provided as outlined in Section 535.100(1)(g).
One (1) escrow shall be required to guarantee completion of any reforestation.
The amount of this escrow shall be calculated as outlined in the "Arboricultural
Specifications Manual". An additional escrow to account for trees
that die, or are damaged beyond repair, as a result of grading or
construction damage shall be calculated as follows. The amount of
the surety or cash escrow shall be in the amount of two thousand dollars
($2,000.00) for each acre contained in an area described as a perimeter
of the tree preservation area one hundred (100) feet wide by the length
of the perimeter, or ten thousand dollars ($10,000.00) whichever is
more.
f. Failure
to reforest or replace as required shall constitute a default and
the City of St. Peters shall be entitled to proceed against the escrow.
[R.O. 2007 § 535.110; Ord. No. 2894 § 11, 8-13-1998]
No person shall unreasonably hinder, prevent, delay, or interfere
with the City Administrator or his/her agents engaged in the execution
of the enforcement of this Chapter.
[R.O. 2007 § 535.120; Ord. No. 2894 § 12, 8-13-1998]
Any person who violates any provision of this Chapter or who
fails to comply with any notice issued pursuant to the provisions
of this Chapter, upon being found guilty thereof, shall be subject
to a fine not to exceed five hundred dollars ($500.00) for each separate
offense. If, as the result of the violation of any provision of this
Chapter, the injury, mutilation, or death of a tree, shrub, or other
plant located on City-owned property is caused, the cost of repair
or replacement of such tree, shrub, or other plant may be ordered
borne by the party in violation as a condition of probation. The replacement
value of trees and shrubs shall be determined by a local consulting
arborist using the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens as published by the International Society of Arboriculture. The
consulting arborist's fee will be included in the cost of replacement.
If, as the result of the violation of any provision of this Chapter,
damage or injury occurs to property or persons, the costs incurred
may be ordered borne by the party in violation as a condition of probation.