[HISTORY: Adopted by the City Commission of the City of Royal Oak
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Christmas tree sales — See Ch. 244.
Moving of buildings — See Ch. 475.
[Adopted 9-20-1937 by Ord. No. 320]
The Department of Public Works shall have power and control over all
trees, shrubs and plants planted or to be planted in the public highways,
parks or other public places of the City of Royal Oak, and the power to plant,
prune, spray and otherwise maintain such trees, plants and shrubs. The Department
of Public Works shall have the power to determine the type or kind of trees
to be planted on any particular street to conform to the landscaping plan
for that street, and when such determination has been made all trees thereafter
planted shall be in conformity thereto.
As used in this article, the following terms shall have the meanings
indicated:
Includes all of the land lying between property lines on either side
of all public streets, boulevards and alleys.
No person, firm or corporation shall cut down, deface, destroy or damage
or injure any tree, shrub or plant upon the public highways or parks or other
public places of the City of Royal Oak without first obtaining permission
from the Department of Public Works; provided that this section shall not
be construed to prevent the removal or destruction of a tree, shrub or plant
by the Department of Public Works when such removal or destruction shall be
necessary for the construction of any sidewalk, sewer, water main or other
public improvement.
No person, firm or corporation shall kindle a fire or cause or permit
a fire to be kindled or start a so-called "grass fire" on any of the streets,
alleys or public places of the City of Royal Oak, or on private property within 10
feet of a tree located on such streets or public places, without first obtaining
permission from the Director of Public Works and without taking proper precaution
to prevent damage to trees and shrubs. No person, firm or corporation shall
start or cause or permit a fire to destroy or damage or injure any such trees.
Whenever a tree, shrub or plant is removed by the Department of Public
Works in order to permit the construction of any public improvement, the City,
whenever practicable, shall at its own expense plant another tree, shrub or
plant to take the place of the one removed.
No person, firm or corporation shall fasten any wire, rope, chain or
cable to any tree or shrub for the purpose of anchorage, without a written
permit from the Department of Public Works, nor shall any person, firm or
corporation tether live stock or other animals to any such tree or shrub.
No person, firm or corporation shall nail, tie, or in any other manner fasten
any cards, signs, posters, boards, or other articles to any tree, shrub or
plant growing upon any public highway, park or other public building in the
City of Royal Oak.
No person, firm or corporation shall excavate any ditches, tunnels or
trenches, or lay any drive within a radius of five feet from any tree now
growing upon any public highway or other public place within the City of Royal
Oak without first obtaining a written permit from the Director of Public Works.
Any person, firm or corporation making such excavation or construction shall
guard any tree within five feet thereof with a good substantial frame box
to be approved by the Department of Public Works, and all building material
or other debris shall be kept at least four feet from any tree. All persons
desiring to make such excavation or construction shall deposit a sum sufficient
to cover the cost of inspection and damage that may result therefrom.
Every owner of any tree, shrub or plant overhanging the streets or highways
within the City of Royal Oak shall turn the branches so that such branches
shall not obstruct the light from any street lamp or obstruct the view of
any street intersection and so that there shall be a clear space of eight
feet above the surface of the street or highway. Said owner or owners shall
remove all dead, diseased or dangerous trees or broken or decayed limbs which
constitute a menace to the safety of the public.
[Amended 2-8-1960 by Ord. No. 60-2]
A.Â
On any corner lot, no bush or shrub planting shall rise
over three feet in height above the established crown level of the roadway
within the triangle formed by the two property lines which meet at the street
intersection and a line drawn between points located on said property lines
and 20 feet away from the point of intersection, in order that the view of
a driver of a vehicle approaching said street intersection shall not be obstructed.
No bush or shrub planting on any lot that is located within 10 feet of the
intersection of any driveway with a public sidewalk shall rise over three
feet in height above said sidewalk, in order that the view of a driver of
a vehicle using said driveway shall not be obstructed.
B.Â
It shall be the duty of the Chief Inspector, in all cases
of any violation of the provisions of this section, to order the owner of
any such bush, shrub or plant to cut the same to the lawful height within 10
days. In case such owner shall fall to comply with such order, said Chief
Inspector shall report such matter to the City Commission, which may then
order said bush, shrub or plant cut to the lawful height by the City, and
the cost of such work shall be levied against the property concerned and collected
by special assessment in the manner provided in the City Charter.
Every person, firm or corporation moving any building or other structure
or machinery over eight feet six inches in width and 12 feet in height from
the surface of the roadway along any street or highway or across any public
place within the City of Royal Oak shall file written notice of such intention
with the City Clerk and shall deposit a sum sufficient to cover the cost of
inspection and damage that may result therefrom.
[1]
Editor's Note: See also Ch. 474, Moving Contractors; Moving of Buildings.
No person, firm or corporation owning, maintaining or operating any
gas pipes or mains laid beneath the surface of any street, alley or public
place of the City of Royal Oak shall permit any leak to occur within a radius
of 40 feet from any tree, shrub or plant now or hereafter growing in any street
or public place in said City; and in the event that a leak exists or occurs
in such pipe or main, it shall be the duty of such person, firm or corporation
owning or operating such defective pipe or main to repair the same immediately
and stop such leak in a manner as to prevent a recurrence thereof; and if
such person, firm or corporation fails within three days after receipt of
written notice from the Department of Public Works to stop such leak in such
manner as to prevent a recurrence thereof, such person, firm or corporation
shall be subject to the penalties hereinafter provided.
In all future planting of shade and ornamental trees in the highways,
parks and public places of the City of Royal Oak, the following rules as to
spacing shall be observed: elm trees shall be spaced not less than 40 feet,
oak trees not less than 35 feet, and other shade and ornamental trees not
less than 30 feet; provided, however, any owner of a single lot may, in order
to provide a shade or ornamental tree in front of his lot, secure special
permission from the Department of Public Works to plant a shade or ornamental
tree within a less distance from an existing tree than the spacing above mentioned,
but shall in no case make special planting within 20 feet of any existing
shade or ornamental tree located on the public highway or other public place.
No trees shall be planted in parkways between the curb and sidewalk
less than 3Â 1/2 feet from the curbline, nor less than three feet from
the sidewalk; provided, however, where the parkways are less than six feet
six inches in width, any trees planted therein shall be located not less than
two feet six inches from the curb and as near midway between the curb and
sidewalk as possible.
No tree shall be planted nearer to the intersection of two or more streets
than 15 feet from the nearest street line bounding such intersection.
No poplar (populus), soft maples (acer), willows (Salix), or box elders
(acer) shall hereafter be planted in the public highways, parks or other public
places of the City of Royal Oak.
It shall be the duty of the Director of Public Works to remove or cause
to be removed all trees, shrubs or plants, planted upon the public highways,
parks or other places within the City of Royal Oak which constitute a public
nuisance, or when in his opinion such removal shall be beneficial to the peace,
health and safety of the public.
Any person, firm or corporation desiring to remove a living tree from
the public highways, parks or other public places of the City of Royal Oak
for the construction of walks, drives, buildings or other structures for his
own private purposes shall make a deposit equal to the replacement value of
the tree or trees, as determined by the Director of Public Works. Such deposits
shall be paid into the City Treasury and shall be used, first, for the replacing
of a tree in front of the lot from which it is removed if such replacement
is considered advisable or desirable; otherwise, to be used for planting on
public highways in some other location where needed.
No person shall hinder, prevent or interfere with the agents or employees
of the Department of Public Works while engaged in carrying out the provisions
of this article.
Any person, firm or corporation found guilty of violating any of the
provisions of this article shall be punished by a fine not to exceed $100
or by imprisonment in the Oakland County Jail or the Royal Oak City Prison
for a period not to exceed 90 days, or both such fine and imprisonment in
the discretion of the court.
[Adopted 8-15-1955 by Ord. No. 833]
[Amended 10-5-1981 by Ord. No. 81-10]
Trees of all species and varieties of elm infected with a fungus Ceratostomella
ulmi (Dutch elm disease) are hereby declared to be a public nuisance and must
be eradicated and burned within a thirty-day period following the discovery
of such infection.
It shall be unlawful to sell, give away or transport all or any parts
of trees infected with the aforementioned fungus, provided wood, branches
and roots of such trees may be transported to a safe place for burning.
Trees or parts thereof of elm in a dead or dying condition, whether
standing or cut wood, that may serve as breeding places for any carrier of
the fungus are hereby declared public nuisances, and it shall be unlawful
for a property owner to possess the same.
The City Manager and the Superintendent of Parks and Grounds are charged
with the duty of making reasonable periodic investigations to determine whether
or not trees of all species and varieties of elm, located upon any private
or public property of the City, have become infected with the fungus Ceratostomella
ulmi (Dutch elm disease). Wherever such infection is found upon trees located
upon public property, the City shall forthwith cause such public nuisance
to be abated, by destroying such tree or wood.
[Amended 9-9-1968 by Ord. No. 68-12; 10-5-1981
by Ord. No. 81-10]
A.Â
The City Manager and the Director of Parks and Recreation,
or their duly authorized agents, may enter upon private property at all reasonable
hours for purposes of inspecting trees thereon, and may remove such specimens
as are required for analysis to determine whether the same are infected. It
shall be unlawful for any person to prevent any such agent from entering on
private property for purposes of carrying out his duties hereunder, or to
interfere with any agent in the lawful performance of his duties hereunder.
B.Â
Whenever any tree on private property is found to be
infected, the City Manager or Director of Parks and Recreation may cause notice
to be sent to the owner and any other parties in interest in the premises
where such tree is situated concerning the existence of such disease, and
requiring the removal and burning within a period of 30 days following such
notice. Such notice shall also notify the owner of said premises that, unless
such tree is removed and burned within such thirty-day period, the City will
proceed with such removal and burning and assess the cost thereof against
the property. Service of such notice shall be made upon each owner of property
or party in interest in the property in question, whose name appears upon
the last local tax assessment records, by mailing by first class mail, addressed
to such owner or party at the address shown on the last local tax assessment
roll for ad valorem tax purposes which has been reviewed by the local Board
of Review, as supplemented by any subsequent changes in the names or addresses
of such owners or parties listed thereon.
C.Â
If the owner fails to remove said tree, the Superintendent
of Parks and Forestry shall file a report of his findings and a copy of his
notice of removal with the City Commission and request that the necessary
action be taken to have the tree removed. A copy of the findings and order
shall be served on the owner or party in interest in the premises in the same
manner as the notice.
D.Â
The City Commission shall fix a date for hearing, reviewing
the findings and order of the Superintendent of Parks and Forestry and shall
give notice to the owner in the manner prescribed above of the time and place
of the hearing. At the hearing, the owner or party in interest shall be given
the opportunity to show cause why the tree should not be removed, and the
City Commission shall either approve, disapprove or modify the order for the
removal of the tree, set a time for its removal, a time for payment of the
costs thereof and a reasonable interest rate if the City must incur the expense
of the removal of the tree.
E.Â
The cost of the removal of the tree shall be a lien against
the real property and shall be reported to the City Assessor who shall assess
the cost against the property on which the tree is located as provided below.
F.Â
The owner or party in interest in whose name the property
appears upon the last local tax assessment records shall be notified of the
amount of the cost of the removal of the tree by first class mail within a
time certain set by the City Commission. After the mailing of an invoice for
the amount of the cost of the removal, and nonpayment within the specified
time, the Assessor shall add the same to the next City tax roll and the same
shall be collected in the same manner in all respects as provided by law for
the collection of taxes by the City.
Any person, firm or corporation who violates or fails to comply with
the provisions of this article shall, upon conviction thereof, be punished
by a fine not to exceed $100 or imprisonment in the Oakland County Jail for
a period not to exceed 30 days, or by both such fine and imprisonment, or
by one in lieu of the other, in the discretion of the court.
