[Ord. No. 2023-248, 5-15-2023]
(a) 
The purpose of this Article is to regulate and license tree maintenance activities in the Town for the health, safety and welfare of the Town's citizens and residents.
(b) 
The Town Clerk is hereby delegated the authority to administer the provisions of this Article and to implement rules and regulations governing tree contractor licensing that are not inconsistent with the provisions of this Article.
[Ord. No. 2023-248, 5-15-2023]
For purposes of this Article, the following definitions shall apply:
TREE MAINTENANCE
Consists of tree pruning, tree removal and all other tree care activities. "Tree maintenance" does not include activities involving tree installations, tree stump grinding or pesticide applications if the business is licensed by the Colorado Department of Agriculture.
[Ord. No. 2023-248, 5-15-2023]
(a) 
Unless exempted by the Town Clerk, each person desiring to engage in the tree maintenance business in the Town shall obtain a tree maintenance license.
(b) 
It is unlawful for any person to engage in the business of tree maintenance within the Town without first obtaining a tree maintenance license.
(c) 
The term of the tree maintenance license shall be for one calendar year commencing upon the issuance of the license.
[Ord. No. 2023-248, 5-15-2023]
(a) 
Applicants for a tree contractor license shall file an application with the Town Clerk on a form supplied by the Town.
(b) 
Applicants shall be certified by the International Society of Arboriculture arborists or have equivalent certifications, shall maintain such certification during the term of the tree contractor license and shall provide a copy of such certification to the Town Clerk.
(c) 
If the Town Clerk determines that the issuance of the tree contractor license is consistent with this Article, the rules and regulations promulgated hereunder and the Code, the Town Clerk shall issue the tree contractor license.
(d) 
If the Town Clerk determines that the issuance of the tree contractor license would not be consistent with the requirements of this Article, the rules and regulations promulgated hereunder or the Code, the Town Clerk shall deny the issuance of the license and notify the applicant of such determination in writing with an explanation of the reasons for such denial.
(e) 
The Town Clerk may, for good cause, temporarily suspend, permanently revoke or decline to renew any tree contractor license.
[Ord. No. 2023-248, 5-15-2023]
Upon the submission of an application for a tree contractor license, the applicant shall pay a license fee in the amount set forth by resolution of the Town Council in the Town Fee Schedule.
[Ord. No. 2023-248, 5-15-2023]
(a) 
Any person aggrieved by the action of the Town Clerk as set forth in this Article may, within ten (10) days of receipt of written notice from the Town Clerk, file a written appeal to the Town Manager. The Town Manager shall thereafter promptly review the appeal and, after taking action that the Town Manger deems appropriate, provide written notification to the aggrieved person affirming the Town Clerk's decision, affirming the Town Clerk's decision with conditions, or reversing the Town Clerk's decision.
(b) 
Within ten (10) days of receipt of written notice from the Town Manager, the aggrieved person may appeal the Town Manager's decision to the Town Council by providing written notice to the Town Clerk. The Town Clerk shall thereafter, as soon as reasonably practicable, set a hearing before the Town Council. The Town Council's decision shall be final and conclusive.
(c) 
For purposes of this section, written notice shall be deemed received upon hand delivery, delivery by electronic mail upon confirmation of receipt of the electronic mail or three (3) days after placing the written notification in the U.S. Mail.
[Ord. No. 2023-248, 5-15-2023]
Any person who violates any provision of this Article or the rules and regulations promulgated hereunder may be punished in accordance with the provisions of Article IV of Article 1 of the Code.