[R.O. 2006 §246.010; Ord. No. 05-018-A §1, 3-21-2005]
This Chapter provides full power and authority over all trees, plants and shrubs located within street right-of-ways, parks and public places of the City and to trees, plants and shrubs located on private property that constitute a hazard or threat to the public health, safety and welfare of the citizens of Ozark, Missouri, as more particularly described in this Chapter.
[R.O. 2006 §246.012; Ord. No. 05-018-A §1, 3-21-2005]
As used in this Chapter, the following words, terms or phrases shall have the indicated meanings unless the context clearly indicates otherwise:
- A dead, diseased or structurally defective tree, shrub or other woody vegetation that constitutes a threat to life or property or that harbors insects or diseases which may present a threat to other vegetation in the City. In making a determination of the hazardous nature of a tree, shrub or other woody vegetation, International Society of Arboriculture (ISA) standards for hazardous tree assessments shall be used.
- Any tree, plant, shrub or other vegetation contained in a list published by the Missouri Department of Agriculture entitled "Noxious Weeds of Missouri".
[R.O. 2006 §246.015; Ord. No. 05-018-A §1, 3-21-2005]
It is hereby declared that it is the public policy of the City of Ozark to maintain existing trees except those hereinafter declared to be noxious, diseased or potentially hazardous to the health, safety and welfare of the public and to provide for and encourage the planting of new trees to the greatest extent possible in accordance with a "Tree Management Plan". The Department of Parks and Recreation shall replace trees on public property and right-of-ways that have died or have been removed because of a declaration of hazard, disease or poor health. In exercising this right, the Department shall be guided by an official tree list established by the Department and approved by the Ozark Tree Board.
[R.O. 2006 §246.040; Ord. No. 05-018-A §1, 3-21-2005]
The Tree Management Plan referred to in this Chapter shall describe the urban forestry activities to be undertaken by the City, the reasons for those activities, the possible funding source(s), the means of accomplishing the activities, the alternatives available to the City to fund or accomplish the activity, the projected date of completion and the consequences if the activity is not completed. Activities may include, but are not limited to, street tree inventory, planting, tree removal, beautification projects and educational projects.
[R.O. 2006 §246.045; Ord. No. 05-18-A §1, 3-21-2005]
The Department of Parks and Recreation shall have the authority to remove or cause the removal of any dead, diseased, structurally damaged, hazardous or noxious trees, plants and shrubs on public areas, parks, right-of-ways.
[R.O. 2006 §246.050; Ord. No. 05-018-A §1, 3-21-2005]
The Department of Parks and Recreation shall be responsible for the maintenance activities necessary to keep trees, plants and shrubs on public areas, parks and public right-of-way reasonable healthy and to minimize risks of injury to persons or property. Maintenance may be accomplished by Park Department personnel or by private contractor and may include planting, pruning, fertilization, watering, insect and disease control, tree surgery, tree removal or other related activities.
The Department of Parks and Recreation shall have the authority to cause the removal of any hazardous, diseased or noxious tree, plant or shrub upon private property which may be declared by the Ozark Tree Board to present a danger to the public welfare provided that:
A written investigation has been conducted by the Department of Parks and Recreation identifying the type of hazard, disease or noxious nature of the tree, plant or shrub; the identity of the property owner and the nature of the danger to the community; and
The written investigation has been presented to the Ozark Tree Board at its regular meeting and, after due consideration of all of the facts surrounding the matter, has declared by resolution that the offending tree(s), plant(s) or shrub(s) are declared hazardous, diseased or noxious and present a danger to the community and the specific action to be taken by the property owner; and
A copy of the resolution along with the written investigation has been personably served or delivered by certified mail, return receipt requested, to the property owner directing the property owner to abate the problem; and
Thirty (30) days have passed from the date of personal service or the receipt of the certified letter and the problem has not been abated as directed.
In the event that a property owner fails to abate the nuisance after due notice as set forth in Subsection (B) above, the Department of Parks and Recreation may enter upon the property during normal working hours and take such actions as are necessary to abate the nuisance. The costs of abatement shall be assessed as a special tax bill upon the real estate.
[R.O. 2006 §246.055; Ord. No. 05-018-A §1, 3-21-2005]
It shall be unlawful for any person, firm or corporation, excluding a department of the City of Ozark, to do or take any of the following actions:
Knowingly fail, after receipt of notice, to take corrective action as required by Section 240.050.
Top any tree located in any public place, park or right-of-ways. Trees severely damaged by storms or other causes or trees under utility wires where other pruning practices are impractical may be exempted from this Section at the discretion of the Parks and Recreation Department.
Cut down, take, carve, remove or otherwise destroy any tree, plant or shrub standing or growing on any public place, park or right-of-way.
Post any bill, advertisement, card or notice of any kind upon any tree in a public place, park or right-of-way.
Allow fire to come in contact with any tree, plant or shrub in a public place, park or right-of-way. Where fires may be permitted in public places or parks, such fire shall be situated in such a manner so that the heat of such fire will not injure any portion of a tree, plant or shrub.
Place salt, brine, petroleum products, herbicides or any other substance(s) in such amounts as to be toxic or injurious to the health, growth or vitality of any tree, plant or shrub in a public place, park or right-of-way.
[R.O. 2006 §246.060; Ord. No. 05-018-A §1, 3-21-2005]
Any person who shall violate a provision of this Chapter or shall fail to comply with any of the requirements thereof shall be guilty of an infraction punishable by a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) or by imprisonment not exceeding ninety (90) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense
If, upon a trial for the violations of this Chapter or any part thereof, the judge of the Municipal Court shall find that a violation exists and that the defendant has had proper notice as provided in this Chapter and that the defendant has failed to abate the nuisance, the judge of the Municipal Court shall, in addition to the penalty for violating this Chapter, make an order directing the Parks and Recreation Department to abate such nuisance forthwith and immediately report the expense thereof to the judge of the Municipal Court who shall, as part of the cost of such prosecution, render judgment against the owner of the property and against the property on which said nuisance is committed and a special tax bill may be issued against said property of the expenses which shall be collected as other fines and costs; provided, that if the person who shall violate, neglect, fail or refuse to comply with any provision, regulation or requirement of this Chapter is a non-resident, the department shall immediately abate the nuisance and report the expense thereof to the judge of the Municipal Court and the owner of such lands shall be civilly liable to the City for such costs.
[R.O. 2006 §246.070; Ord. No. 05-018-A §1, 3-21-2005]
In the event of an emergency involving, but not limited to, tornadoes, wind storms, floods, fires, freezes or other natural disasters, the Mayor may declare a state of emergency and exempt operations necessary to remove threats that would otherwise be violations of this Chapter.