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Except in situations where the Municipality is engaging in stormwater control measures, ditch maintenance, public sanitary sewer or waterline work:
(a) All trees on tree lawns or in other public places near any excavation, construction or renovation of any building or structure, or any street work, shall be guarded with a protective device such as a substantial fence, frame or box not less than four feet high and eight feet square or placed at a distance in feet from the tree equal to the diameter of the trunk in inches, measured at a trunk height of approximately four and one-half inches from the ground, (D.B.H.), whichever is greater, and all building material, dirt or other debris shall be kept outside the barrier. The protective device must be structurally sound and capable of protecting the trees from all expected encroachment by debris and machinery associated with said excavation and/or construction.
(b) No person shall excavate any ditches, tunnels or trenches or lay any drive within a radius of ten feet from any public tree without first obtaining a written permit therefor from the Service Director.
(Ord. 90-21. Passed 11-22-21.)
No person shall deposit, place, store or maintain upon any public places any stone, brick, sand, concrete or other materials which may impede the free passage of water, air or fertilizer to the roots of any tree growing therein, except by written permit of the Service Director.
(Ord. 90-21. Passed 11-22-21.)
All moving of trees upon any public place in the Municipality made necessary by the moving of a building or other structure or any other private enterprise shall be done under the supervision of and with the written permission of the Service Director, or their designee, and at the expense of the applicant or person seeking the removal of such tree. Such applicant, as one of the conditions of obtaining such permission, shall deposit with the Municipality such sum in cash as the Director may determine and specify to cover all of the cost of moving and replacing such tree, if the conditions require the replacement thereof.
(Ord. 90-21. Passed 11-22-21.)
(a) Should any person or persons owning real property bordering on a tree lawn or public place fail to maintain trees as provided in this Chapter, the Service Director shall order such person or persons to comply with the requested maintenance within thirty days of the date set forth in the written notice.
(b) The order provided for herein shall be served by ordinary mail to the property address and the tax mailing address of the property owner (unless both are the same) from records available through the Lorain County Treasurer's Office. The act of sending the notice by ordinary mail completes the notice requirement herein.
(c) If the person or persons to whom an order is directed fails to respond or comply within the specified time, it shall be lawful for the Municipality to perform the requested maintenance and assess the property owner for the cost of services rendered. (See Section 1028.19(c))
(Ord. 90-21. Passed 11-22-21.)
In the case of officially declared emergencies, such as windstorms, ice storms or other disasters, the provisions of this chapter shall be waived by the Service Director so that said provisions will in no way hinder public and/or private work to restore order in the Municipality. Necessary emergency activity for repair of underground utilities to assure landowner services does not require written permission. After the emergency is abated, any activity which resulted in damaging, pruning or removal of trees, shrubs or hedges in a tree lawn or public place must be communicated to the Service Director within a reasonable amount of time.
(Ord. 90-21. Passed 11-22-21.)
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