[CC 1985 § 27-74; Ord. No. 876, 6-5-2006]
On and after the passage and approval
of this Chapter by the City Council and Mayor of the City of St. James,
all water furnished by said City for the purpose of tree watering
or nursery care shall be paid for by the City.
[CC 1985 § 27-88; Ord. No. 876, 6-5-2006; Ord. No. 925, 9-2-2008]
Unless the context specifically indicates
otherwise, the meaning of terms used in this Chapter shall be as follows:
Any individual, firm, company, association, society, corporation,
or group.
Those trees planted on City property generally, but not limited
to those planted between the sidewalk and curb.
Any species of organic growth commonly accepted by arborists,
including, but not limited to the following species: Oak, Sweetgum,
Crabapple, American Holly, Maple, Elm, etc.
The whole, or any part of the whole tree, which can be harvested,
collected, or otherwise recovered.
[CC 1985 § 27-89; Ord. No. 876, 6-5-2006; Ord. No. 925, 9-2-2008]
A.
After the City has made a reasonable attempt
to contact the owner to request they take care of a nuisance within
two (2) weeks, the Superintendent and other duly authorized employees
of the City bearing proper credentials and identification shall have
the legal authority to enter all properties for the purposes of inspection,
tree removal, pruning, replacement, cleanup, and watering in accordance
with the provisions of this Chapter. This shall include removal of
trees that are a nuisance, dead, or infected with a virulent disease
or exotic pest.
B.
While performing the necessary work on private properties referred to in Subsection (A) above, the Superintendent or duly authorized employees of the City shall observe all safety rules applicable to the premises established by the company and the company shall be held harmless for injury or death to the City employees and the City shall indemnify the company against loss or damage to its property by City employees and against liability claims and demands for personal injury or property damage asserted against the company and growing out of the gauging and sampling operation, except as such may be caused by negligence or failure of the company to maintain safe conditions as required in applicable law.
C.
The Superintendent and other duly authorized
employees of the City bearing proper credentials and identification
shall be permitted to enter all private properties through which the
City holds a duly negotiated easement for the purposes of, but not
limited to, inspection, pruning, removal, planting, watering, and
maintenance of any portion of any tree lying within said easement.
All entry and subsequent work, if any, on said easement, shall be
done in full accordance with the terms of the duly negotiated easement
pertaining to the private property involved.
[CC 1985 § 27-90; Ord. No. 876, 6-5-2006; Ord. No. 20-1172, 7-13-2020]
No unauthorized person shall make
any connections to, or use, alter, or disturb any public tree or appurtenance
thereof without first obtaining a written permit from the Public Works
Director or Code Enforcement Officer. Such permit will allow for the
removal of City-owned trees. The citizen will pay the City the full
amount of the tree removal and replacement, before issuance of such
permit. The City will then contract for the tree removal that will
include, disposal of the tree, stump removal, and acceptable tree
replacement. Failure to comply with the regulations such as failing
to replace the tree within six (6) months of the removal of the previous
tree, neglect or improper care that leads to the destruction or death
of the new tree, the City may, at its discretion, replace the removed
tree and duly bill the applicant for all costs associated with the
tree replacement or levy a fine of up to five hundred dollars ($500.00).
[CC 1985 § 27-91; Ord. No. 876, 6-5-2006]
It shall be an ordinance violation
for any person or persons to tamper with or disturb any City-owned
tree without written permission from the City, punishable by a fine
up to five hundred dollars ($500.00) and/or up to ninety (90) days
in jail.
[CC 1985 § 27-102; Ord. No. 876, 6-5-2006]
It will be the board's responsibility
to use all methods deemed suitable in establishing a self-funded operation.
The board will solicit all Federal, State, or local sources that can
contribute funds, including but not limited to grants, awards, and
private contributions. The sale and promotion of forestry resources
may contribute to the funding program.
