Each owner, agent, or occupant in front of or upon whose lots
or property shade trees are planted shall use every reasonable precaution
to protect the same from insects and worms.
Each owner, agent or occupant in front of or upon whose lots
or property shade trees are planted shall protect the same from thyridopteryx
ephemeraeformis, commonly known as "bag worms."
When any shade trees named in the preceding section have thyridopteryx ephemeraeformis, or "bag worms" on them or any "bags" or anything from which said "bag worms" originate or grow, it shall be the duty of the Street Commissioner to give the owner, agent or occupant of the property in front of or upon which the trees are planted a notice in writing to destroy the worms or "bags" or anything from which the worms originate or grow within five days from the service of the notice. When the notice is not complied with, the condition existing contrary to Sections 21-34 to 21-36 shall be a nuisance and may be abated according to the procedure outlined in Chapter 14, Nuisances.
Upon the filing of a petition with the Board of Commissioners,
signed by 10 or more citizens of the City of Weatherford living along
any public street or avenue of the city, requesting the planting of
shade or ornamental trees along a street or avenue, the Board of Commissioners
may, if in their judgment same shall be necessary, order the shade
or ornamental trees planted. Provided, however, the Board of Commissioners
may, in their discretion, order trees planted without such petition,
and all trees shall be planted under the direction of the Street Superintendent.
When the Board of Commissioners have ordered that trees be planted,
as provided by the preceding section along any of the streets or avenues
of the city by special assessment, the Street Commissioner shall give
a written or printed notice to the owner or agent of the owners, of
all lots abutting upon such street, streets, avenue, or avenues, if
the owner or agent be found, or if the owner or agent cannot be found,
such notice may be served upon the occupant of such lot, or if such
lot be unoccupied and the owner or agent be not found, no notice shall
be necessary, but the Street Commissioner shall make a return on such
notice to the office of the City Clerk, showing the person upon whom
service was made, or the reason why no service was made, which shall
be filed in the office of the City Clerk. The notice shall describe
such lot by its number and shall notify him that the Board of Commissioners
has ordered trees to be planted in front of said lots in the street,
under the direction of the Street Commissioner, and the cost of such
trees and their purchase price, together with all costs necessary
to enforce the order, and that if the trees are not planted within
10 days after the service of such notice or the cost of planting the
same turned over to the Street Commissioner, a tax warrant for such
sum, to which will be added the City Clerk's cost, cost of publication,
and in case of nonpayment a penalty of 18% of said tax warrant, will
be issued which will be a special assessment against such lot.
If any such owner or agent of such lot shall fail to plant such
trees or to pay the amount required by such notice as provided in
the preceding section, within 10 days after service of the notice,
the Street Commissioner shall report the fact to the Board of Commissioners,
whereupon the Board of Commissioners shall contract with some person
or persons to plant the trees at a cost not exceeding the cost of
actual labor and of trees and which shall not be more than the amount
specified in the notice, and shall issue a tax warrant against the
lot for such amount to pay for the same, provided, the person or persons
taking such contract accept for planting the trees, such tax warrant
against such lot without the city becoming liable for the amount or
any part thereof.
That tax warrant so issued shall be filed with the City Clerk,
and a notice of its issuance shall be published in the city for four
weeks; and if at the expiration of such notice by publication, the
amount named in the warrant with the fees of the City Clerk, and the
cost of publication be not paid, the fees and cost of publication,
with a penalty of 18% of the tax warrant shall be added to said tax
warrant and made a part of the original assessment and collected as
a part thereof, and the City Clerk shall list each of the tax warrants
with a full description of the property therein, with all costs and
penalties thereon and present the same to the County Clerk of Custer
County, at the time when the City Clerk shall transmit the annual
levy of the city.
[Amended 9-24-2012, Ordinance
2012-08]
It is hereby made the duty of every person who is the owner
of, or who as agent has the control of any real property or premises
situated within the limits of this city, abutting on any street, alley,
sidewalk, or other public place, upon being notified so to do, to
trim and keep trimmed all trees on such real property and premises
and the parking contiguous and adjacent thereto the branches of which
overhang any portion of the streets, alleys, sidewalks, or other public
places in such manner that the lower-most branches thereof shall be
at least 14 feet above the level of the portion of the streets, alleys,
sidewalks, or other places so overhung by such branches.
If the owner or agent having control of any real property or
premises as above described after having been notified so to do and
after the lapse of a reasonable time thereafter, not to exceed 10
days, shall fail, neglect, or refuse to comply with the requirements
of the foregoing section, it shall be the duty of the Street Superintendent
to cause the work to be done at the expense of the owner of such real
property and premises and any expense incurred in the doing of the
same shall be assessed against such real property and premises and
certified to the County Treasurer for collection as are other taxes.
It shall be unlawful and an offense for any person, firm or
corporation to trim, cut, or otherwise mutilate any shade or ornamental
tree on any street parking or other public place in the City of Weatherford,
for the purpose of stringing wires or cables along or across said
parking or other public places, without first obtaining a permit therefor
from the Street Superintendent.
Whenever any telephone, telegraph or electric light company,
or any other person, firm or corporation, desiring to string any wires
or cables along or across any of the street parking, or any other
public place of the city, or to make more room for wires or cables
already strung, and such person, firm or corporation may desire to
trim, cut or remove any tree or any part thereof on the street parking
or other public place, such person, firm or corporation shall make
application to the Street Commissioner, and if he shall be of the
opinion that it is necessary for the proper stringing of the wires
to trim or cut any trees, and the same can be done without serious
injury to the trees, provided, however, that no such trimming or cutting
of said trees shall be done except under the supervision and control
of the Street Superintendent, or some competent person designated
by the Street Superintendent.
No trees shall be planted on any street right-of-way, parking,
alley or public place within the city until an application has been
filed with the City Clerk and has been considered and approved by
the Board of Commissioners. The application shall show the number
and kind of trees to be planted, their location, space between, the
distance from curb and sidewalk lines respectively and that all such
trees are free from all plant diseases and the planting of the trees
shall conform to all resolutions or ordinances which are now or may
hereafter be in force at the time of planting.
It shall be unlawful and an offense for any person to cut, scar,
break or bend any limbs or otherwise injure any shade tree on the
streets, alleys or public places of the city, except as hereinbefore
provided.
