This chapter shall be known and may
be cited as the "Shade Tree Ordinance of the City of Bloomington,
Illinois."
[Ord. No. 2018-93; amended 5-9-2022 by Ord. No. 2022-46]
There is hereby established in the
Parks and Recreation Department the office of City Forester. Until
otherwise designated, the Director of Parks and Recreation shall serve
as the City Forester.
The City Forester shall have exclusive
jurisdiction and supervision over all trees planted or growing in
public places.
A. Preserve or remove. The City Forester shall
have authority to plant, trim, spray, preserve and remove trees in
public places to insure safety or preserve the symmetry and beauty
of such public places and to maintain health and vigor of shade trees.
[Ord. No. 1986-13]
B. Order to preserve or remove. The City Forester
shall have the authority to order the trimming, preservation or removal
of trees upon private property when he shall find such action necessary
to public safety or to prevent the spread of disease or insects to
public trees and places.
[Ord. No. 1986-13]
C. Supervision. The City Forester shall have
the authority to supervise all work done under a permit issued in
accordance with the terms of this chapter.
[Ord. No. 1986-13]
D. Issue conditional permit. The City Forester
shall have the authority to affix reasonable conditions to the granting
of a permit hereunder, based upon the necessity for public safety
or the prevention of spread of disease or insects to public trees
and places.
[Ord. No. 1986-13]
It shall be the duty of any person
growing a tree on property abutting on public areas supporting trees:
A. Trim. To trim his trees so as not to cause
a hazard to public places or interfere with the proper lighting of
public roadways by the streetlights, and so that minimum clearance
or any overhanging portion thereof shall be nine feet.
B. Treat or remove. To treat or remove any
tree so diseased or insect-ridden as to constitute a hazard to the
other trees in the public areas.
C. To inform the City of trees within the
public right-of-way that require trimming, treatment or removal.
[Ord. No. 1986-13]
When the City Forester shall find it necessary to order the trimming, preservation or removal of trees upon private property as authorized in §
19-104B herein, he shall serve a written Order to correct the dangerous condition upon the owner, operator, occupant or other person responsible for its existence.
A. Method of service. The Order required herein
shall be served in one of the following ways:
(1) By making personal delivery of the Order
to the person responsible.
(2) By leaving the Order with a person 10 years
of age or older who is a member of the household of the person responsible.
(3) By affixing a copy of the Order in a conspicuous
spot upon the premises in violation and mailing a copy or said Order
to the person responsible at his last known address by registered
or certified mail.
(4) By publishing a copy of the Order at least
once a week, for three successive weeks, in a local newspaper of general
circulation and mailing a copy of the Order to the last known address
of the person responsible by registered or certified mail.
[Ord. No. 1986-13]
B. Time for compliance. The Order required
herein shall set forth a time limit for compliance, dependent upon
the hazard and danger created by the violation. In cases of extreme
danger to persons or public property, the City Forester shall have
the authority to require compliance immediately upon service of the
order.
[Ord. No. 1986-13]
C. Appeal from order. A person to whom an
Order hereunder is directed shall have the right, within 10 days of
the service of such Order, to appeal to the City Manager who shall
review such Order within five days and file his decision therein.
Unless the Order is revoked or modified it shall remain in full force
and be obeyed by the person to whom directed. No person to whom an
order is directed shall fail to comply with such order within five
days after appeal shall have been determined.
[Ord. No. 1986-13]
D. Disposition of removed trees. Trees that
have been removed voluntarily or within the terms of this chapter
due to infection with any disease, the existence of said disease having
been established in said trees by a positive sample test thereof,
shall be disposed of by whatever method determined to be the most
suitable by the City Forester.
[Ord. No. 1986-13]
E. Trees which have been removed by private
owned and operated persons, firms or corporations rendering such service
for any reason, whether by authority or direction of the property
owner or the City Forester, or without any such authority or order,
shall be disposed of and the area thereafter cleaned up by said company
rendering such service at its own expense and other direction of the
City Forester who shall see that said operation is in conformity with
the terms of this chapter.
[Ord. No. 1986-13]
F. Failure to comply. When a person to whom
an Order is directed shall fail to comply within the specified time,
the City Forester shall remedy the condition or contract with others
for such purpose and charge the cost thereof to the person to whom
the Order is directed. The person remedying a condition under a contract
made hereunder shall be authorized to enter premises for that purpose.
[Ord. No. 1986-13]
G. The City shall have the authority and duty
to proceed by all legal means to collect cost of remedying such a
condition from the person responsible if not paid within 30 days after
receipt or a statement therefor from the City Forester.
[Ord. No. 1986-13]
[Repealed 6-26-1972 by Ord. No. 1972-44]
[Ord. No. 1998-43]
Any person violating any portion
of this article shall be fined in a sum of not less than $25 nor more
than $100.
[Ord. No. 1998-43]
Except as otherwise set forth in
this article, the officers, employees, or agents of any public utility
may trim trees in the public right-of-way as necessary based on the
guidelines laid out by Dr. Alex Shigo in Pruning Trees Near Electric
Utility Lines, copyright 1990 and the National Arborist Association
in Pruning Standards for Shade Trees, revised 1988. Prior to performing
any tree trimming pursuant to this article, the public utility shall
give advance notice to the City Forester of the areas and approximate
dates of any tree trimming activities.
[Ord. No. 1998-43]
Nothing in this article shall be
interpreted as requiring a deviation from any applicable OSHA or ANSI
standards regulating the manner trees may be trimmed in the proximity
of power lines.
[Ord. No. 1998-43]
Nothing in this article shall be
interpreted as preventing an electric utility from trimming to remove
trees or portions of trees for the purpose of restoring electric power
which has been interrupted by reason of such trees or portions thereof
having come in contact with electric power lines.
[Ord. No. 1998-43]
In the event any tree located on
a public right-of-way of the City is trimmed by any official, employee
or agent of a public utility in a manner other than as set forth in
this article, the person or entity violating such Sections shall pay
a fine of $1,000 per tree.