[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:
Includes any limbs, trunk(s), twigs and leaves of a tree,
shrub or plant.
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.
No longer living.
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.
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.
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.
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.
Any structure, house, garage or building of any type.
Any form of plant life less than four and one-half (4½)
feet in height.
That part of a tree, shrub or plant remaining attached to
the root after the trunk is cut.
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.
A relatively small area of land containing a dense collection
of trees, shrubs and/or plants.
[Ord. No. 08-929 §3, 9-23-2008]
The owner shall remove a dead, diseased or dangerous tree, shrub
or plant from his or her property in the City.
[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 §10, 9-23-2008]
The owner, or his or her agent, shall perform the duties and
requirements in this Article at his or her sole cost and expense.
[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.
