A.
Trees and
Shrubs Between Property Lines and Center of Developed Streets and
Alleys: Trees and shrubs located between private property lines and
the center of the streets and alleys have historically been established
and maintained by the owners of the private property located adjacent
to such trees and shrubs. Said trees and shrubs shall be maintained
by the private property owners of immediately adjoining property pursuant
to the rules and regulations contained herein.
B.
Pruning
of Trees and Shrubs: The pruning and maintenance of trees and shrubs
that interfere with the proper spread of light of any streetlamp,
obstruct the view from any intersection, obstruct traffic control
devices, or are otherwise in violation of the town code, is the responsibility
of the adjacent landowner, whether the tree or shrub lies on private
property or within the town right-of-way. There shall be a clear space
of fifteen feet (15′) above the surface of the street, eight feet
(8′) above sidewalks and twelve-foot (12′) clearance in alleys. Sidewalks
must also be kept clear of impediments from trees and shrubs. Said
owners shall remove all dead, diseased or dangerous trees, shrubs,
or broken or decayed limbs, which constitute a menace to the safety
of the public.
C.
Corrective
Measures: If private property owners do not correct such problems,
the town shall notify such property owners in writing of the required
maintenance. If owners are advised of the above mentioned problems
and they are not corrected within 30 days, the town may trim or remove
the problem trees, shrubs or limbs and the cost thereof shall be assessed
to the private property owner. Such trimming or removal by the town
will be confined to the area immediately within the public right-of-way.
If a problem presents an imminent threat to lives or property of others,
allowable time for required action may be accelerated.
(Ord. 606, 9-13-2011)
Owners of private property are not required to replace any trees
and shrubs removed from the areas located between the private property
line and the center of streets and alleys. Any and all replacement
trees and shrubs shall, however, be furnished by the property owner,
at the property owner's expense.
(Ord. 606, 9-13-2011)
The supervision over the planting, care and maintenance of the
public trees and shrubs addressed above, and trees and shrubs located
on any public property, is hereby rested exclusively in the Town of
Basin. No person or company shall plant, remove, cut above the ground,
or disturb any tree or shrub located on any street, alley, park, or
other public place without first filing an application and procuring
a free permit from the town. The person receiving the permit shall
abide by the standards set forth in this chapter.
(Ord. 606, 9-13-2011)
The town shall have the right to prune, preserve and remove
trees, plants and shrubs within the rights-of-way of all streets,
alleys, avenues, lanes, squares and public grounds, as may be necessary
to ensure public safety or when servicing town utilities, or to preserve
the symmetry and beauty of such public grounds. The town may, at its
option, remove or cause to be removed any public tree and shrubs,
or part thereof, which presents an unsafe condition or which by reason
of its nature is injurious to sewers, electric power lines, gas lines,
water lines or other public improvements. The town may plant and establish
trees and shrubs within the areas located between the private property
lines and the center of streets and alleys only after obtaining written
consent by the adjacent property owners who are ultimately responsible
for maintenance of such trees and shrubs.
(Ord. 606, 9-13-2011)
A.
The town
shall advise private landowners as to the proper way to remove any
dead or diseased trees and shrubs located on private land within the
town, when such trees or shrubs constitute a hazard to life or property
of others. If owners are advised of the above mentioned problems of
hazard trees and shrubs, in writing, and action is not taken to correct
the problem within 30 days of receipt thereof, the same may be removed
or cause to be removed by the town and the cost thereof shall be assessed
to the owner. If a problem presents an imminent threat to lives or
property of others, allowable time for required action may be accelerated.
B.
Corrective
Measures: If private property owners do not correct such problems,
the town shall notify such property owners in writing of the required
corrective measures required. If owners are advised of the above mentioned
problems and they are not corrected within 30 days, the town may trim
or remove the problem trees, shrubs or limbs and the cost thereof
shall be assessed to the private property owner. If a problem presents
an imminent threat to lives or property of others, allowable time
for required action may be accelerated.
(Ord. 606, 9-13-2011)
Whenever a tree or shrub is planted in conflict with the provisions
of this chapter, the town shall notify the landowner in writing of
such conflict. If the landowner has not corrected the problem within
10 days of receipt of such written notice, the same may be removed
or caused to be removed by the town and the cost thereof shall be
assessed to the owner.
(Ord. 606, 9-13-2011)
Any person may appeal an order concerning tree or shrub care
by a written appeal to the town council within five days of the notification
of problem. The council may hear the matter and if so, no order shall
be enforced until a final decision is made on the appeal.
(Ord. 606, 9-13-2011)
Any person, persons, firm or corporation, found to have violated any provisions contained herein, shall, upon conviction, be subject to penalty as listed in Basin Town Code Section 1-4-1.
(Ord. 606, 9-13-2011)
