[Ord. No. 08-929 §1, 9-23-2008]
The purpose of this Article is to protect the health, safety and welfare of owners or occupants of land in the City of Charlack ("City"), their family members, guests, vendors and members of the public upon which dead, diseased or dangerous trees, shrubs and plants, including stumps and/or branches thereof are located.
[Ord. No. 08-929 §2, 9-23-2008]
The following terms when used in this Article shall have the meanings set forth in this Section:
BRANCH
Includes any limbs, trunk(s), twigs and leaves of a tree, shrub or plant.
DANGEROUS
Anything that threatens the health, safety and welfare of the public including, but not limited to, the owner as defined below, his or her family members, guests and vendors.
DEAD
No longer living.
DISEASED
Showing evidence of an illness or abnormal condition or disorder, including an infestation by insects or animals which threatens or afflicts the well-being of a tree, shrub or plant, whether contagious or not contagious.
OWNER
A person who owns, rents, leases or occupies any lot, parcel of land or premises in the township, upon which trees, shrubs and plants are located.
PLANT
A photosynthetic organism that has cellulose cell walls, growing in soil or water, with leaves and sometimes flowers, lacking locomotion and without obvious nervous or sensory organs from the kingdom classification of plantae. It includes trees, shrubs and any other form of plant life.
PRIVATELY OWNED
Any tree, shrub or plant located on a lot, parcel of land or premises in the township under the legal or equitable control of an owner as defined above, excluding that which is owned by the township, County or State or their agencies.
PREMISES
Any structure, house, garage or building of any type.
SHRUB
Any form of plant life less than four and one-half (4½) feet in height.
STUMP
That part of a tree, shrub or plant remaining attached to the root after the trunk is cut.
TREE
Any form of plant life at least four and one-half (4½) feet or more in height and at least four (4) inches or more in diameter. The diameter size shall be measured four and one-half (4½) feet from the base of the tree.
WOODED AREA
A relatively small area of land containing a dense collection of trees, shrubs and/or plants.
[Ord. No. 08-929 §4, 9-23-2008]
Unless located within a wooded area, the owner shall remove a stump below the surface of the ground so that the top of the stump does not project above the pre-existing surface of the ground. Further, the pre-existing surface of the ground may not be raised in order to hide or cover the stump. Within a wooded area, stumps may be left no higher than twenty-four (24) inches above grade.
[Ord. No. 08-929 §5, 9-23-2008]
The owner shall trim, prune or remove a dead, diseased or dangerous branch hanging from or on his or her property in the township.
[Ord. No. 08-929 §6, 9-23-2008]
The owner shall trim, prune or remove a dead, diseased or dangerous tree, shrub or plant, including any stump and/or branch thereof, which overhangs or encroaches upon or under any sidewalk, bicycle path or safety path in the City in a manner so as to interfere with the free passage of persons using such sidewalk, bicycle path or safety path.
[Ord. No. 08-929 §7, 9-23-2008]
The owner shall trim, prune or remove a dead, diseased or dangerous tree, shrub or plant, including any stump and/or branch thereof which overhangs or encroaches upon or under any street, road or highway in the City, in a manner so as to interfere with the free passage of persons and/or motor vehicles using such street, road or highway.
[Ord. No. 08-929 §8, 9-23-2008]
The owner shall trim, prune or remove a dead, diseased or dangerous tree, shrub or plant, including any stump and/or branch thereof which overhangs or encroaches upon or under any utility pole or line, telephone pole or line, electrical pole or line, streetlight or line, or their equivalent, or upon or under any existing premises in the City.
[Ord. No. 08-929 §9, 9-23-2008]
The owner shall trim, prune or remove a dead, diseased or dangerous tree, shrub or plant, including any stump and/or branch thereof, which overhangs or encroaches upon or under any neighboring lots, parcels of land or premises in a manner so as to interfere with the neighbor's quiet enjoyment or use of his or her property.
[Ord. No. 08-929 §11, 9-23-2008]
When the City discovers that a tree, shrub or plant, including any stump and/or branch thereof, is in violation of these Sections, the City shall serve written notice, by first class mail and certified mail, return receipt requested, upon the owner of the subject property. The notice shall describe the tree, shrub or plant, its location, the nature of the violation and order the owner to trim, prune or remove the tree, shrub or plant, including any stump and/or branch thereof. The notice shall also specify a date and time, not less than thirty (30) days from the date of the last mailing or within such additional time as the notice may specify, for compliance by the owner. The owner shall comply with any such notice within the time period specified therein, unless the owner provides written proof to the City from an arborist, certified by the International Society of Arboriculture, or equivalent, stating that the offending tree, shrub or plant, including any stump and/or branch thereof, is not dead, diseased or dangerous and does not require trimming, pruning or removal.
[Ord. No. 08-929 §12, 9-23-2008]
When a tree, shrub or plant, including any stump and/or branch thereof, constitutes an immediate hazard to the health, safety and welfare of the owner or the public, and where the delay of notification would serve to further endanger the public, the City may enter upon such lot, parcel of land or premises, without notification to the owner and perform the work required and assess the cost thereof to the owner. Such events include, but are not limited to, storm damage where a tree is endangering a utility pole or line or endangering an existing structure, home, building, street, road or highway.
[Ord. No. 08-929 §13, 9-23-2008]
Where the enforcement of any part of this Article constitutes a hardship on an owner, and upon an appeal by the owner, the City Board Aldermen may waive the application any such part of this Article as it deems necessary.
[Ord. No. 08-929 §14, 9-23-2008]
The requirements in this Article pertain to trees, plants, shrubs, including any stumps and/or branches, which are privately owned as defined above.