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(a) No walk shall be installed in the right-of-way from the curb to the city sidewalk. No walk shall be installed behind the curb unless it is authorized sidewalk, as approved by the Municipal Engineer. All areas in the right-of-way not covered by authorized sidewalk or drive apron shall be covered by grass, as approved by the Municipal Engineer. Exceptions and approvals to this section shall be limited to the following:
(1) Street trees shall be allowed to be planted and maintained in tree lawns only as they may be approved by the Urban Forester pursuant to Chapter 1018;
(2) Sprinkler heads within the city tree lawn shall only be permitted along the edge of the sidewalk as authorized by the Building Department and Public Works Department pursuant to § 608.16.5 of the 2007 Ohio Plumbing Code and § 1010.12 respectively. A right-of-way permit shall be required from the Public Works Department for all sprinklers installed within the right-of-way.
(3) Mailbox posts shall conform to the standards established by the Ohio Department of Transportation Manual of Uniform Traffic Control Devices (ODOT MUTCD) § 803.11 Mailbox Supports, shall be limited to four inches by four inches wood posts or two inch diameter steel pipes, and shall not require permit approval for installation.
(4) Certain items in the city tree lawns that are otherwise in violation of the foregoing provisions of this section may be permitted to remain in their current locations in accordance with and subject to the terms and conditions of § 1010.12.
(b) Notwithstanding any other provision of this chapter or Chapter 1018 to the contrary, upon application of a property owner, the Urban Forester may allow trees, shrubs, grasses, vegetation and other plants or landscape features not specifically permitted by division (a) of this section to be planted, installed and maintained in the tree lawn abutting such owner’s property if the Urban Forester determines that:
(1) Such trees, shrubs, grasses, vegetation or other plants will not violate § 668.01 of this code of ordinances;
(2) The vegetation or plants are not considered noxious weeds or undesirable vegetation under § 668.01(a)(1), (a)(2) or (a)(4) of this code of ordinances;
(3) Such trees, shrubs, grasses, vegetation, other plants, or landscape features will not constitute an obstruction or a nuisance;
(4) Any utility appurtenance i.e., valve covers, manhole covers, water meters, and valve boxes cannot be covered; and
(5) No person shall stand or park a vehicle upon any tree lawn for which the owner of the tree lawn has obtained a pollinator planting permit.
All trees, shrubs, grasses, vegetation or other plants or landscape features planted, installed or maintained pursuant to this division (b) shall be subject to the applicable provisions of § 668.01 of this code of ordinances.
(Ord. 56-90, passed 3-26-1990; Ord. 133-2011, passed 12-12-2011; Ord. 43-2014, passed 4-14-2014; Ord. 110-2015, passed 9-14-2015; Ord. 9-2020, passed 2-10-2020; Ord. 23-84, passed 5-9-2023)
(a) Until the Mayor orders it to be removed, an item or structure within a city tree lawn that is otherwise in violation of § 1010.11 may remain in its current location if it is a tolerated item (as hereinafter defined) and if the tree lawn is not part of the right-of-way of a state route, arterial street or street the posted speed limit of which exceeds 25 miles per hour. The owner(s) of the tolerated item shall, at the cost of such owner(s), promptly remove the tolerated item when ordered by the Mayor to do so, and in default thereof, the city may remove the tolerated item and charge the owner(s) for the cost of such removal.
(b) Until the Mayor orders it to be removed, an item or structure within a city tree lawn that is otherwise in violation of § 1010.11 and that is not permitted by division (a) of this section, may be permitted to remain in its current location if it is a state tolerated item (as hereinafter defined) and if the owner(s) of the state tolerated item executes and delivers to the city a revocable license agreement and such other instruments as the city may request, all in form and substance acceptable to the Public Works Director and Law Director.
(c) For purposes of this section, TOLERATED ITEM means a structure or item that is in violation of § 1010.11, but satisfies all of the following:
(1) It existed in its current location in the city tree lawn as of January 1, 2013;
(2) It is owned by the owner(s) of the lot adjoining such section of the city tree lawn;
(3) It is an item that cannot be removed from the city tree lawn without significant cost or substantial damage to the item; and
(4) It is not a rock or boulder.
(d) For purposes of this section, STATE TOLERATED ITEM means a structure or item that is in violation of § 1010.11, but satisfies all of the following:
(1) It existed in its current location in the city tree lawn as of January 1, 2013;
(2) It is more than four feet from the edge of the pavement of the street right-of-way;
(3) It is owned by the owner(s) of the lot adjoining such section of the city tree lawn;
(4) It is an item that cannot be removed from the city tree lawn without significant cost or substantial damage to the item; and
(5) It is not a rock or boulder.
(e) The determination as to whether an item is a tolerated item or state tolerated item shall be made by the Public Works Director. An owner of an item or structure within a tree lawn may request a determination as to whether that item is a tolerated item or state tolerated item. If such owner is dissatisfied with the determination of the Public Works Director, then such owner may appeal such determination by making a demand in writing to the Building Inspector for a hearing before the Demolition Board of Appeal established pursuant to § 1468.05 of this code of ordinances (the “Board”). Such demand must be served upon the Building Inspector within 14 days after the Public Works Director issues a determination that the item or structure is not a tolerated item or state tolerated item. The hearing shall be held within 30 days from the receipt of the written demand, and at least five days’ notice of the hearing shall be given to the owner. A majority of the Board may reverse the determination of the Public Works Director. The owner shall be promptly notified of the decision of the Board. The decision of the Board shall be final and conclusive.
(f) Until January 1, 2017, no fee shall be payable for requesting a determination as to whether an item is a tolerated item or state tolerated item or appealing the decision of the Public Works Director to the Board. On and after January 1, 2017, the fees shall be as specified in the General Fee Schedule set forth in § 208.01 of this code of ordinances.
(Prior Code, § 1010.111) (Ord. 110-2015, passed 9-14-2015)
No provision of this chapter shall be interpreted so as to require permits for the construction and repair of sewer, water or gas mains, telephone and electric equipment, or sidewalks done by city personnel or by contractors for the city.
(Prior Code, § 1010.12) (Ord. 56-90, passed 3-26-1990)
Whoever violates or fails to comply with any provision of this chapter is guilty of a minor misdemeanor and shall be fined not more than $100 for each offense. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 56-90, passed 3-26-1990)