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(A) The Clerk-Treasurer shall collect any costs or charges, together with the penalty applicable thereto, for any cutting or removal of weeds done by the city. Whenever a delinquency occurs for nonpayment of the costs or charges, the Clerk-Treasurer shall file in the County Recorder’s office a notice of lien setting forth the name or names of the owner or owners of each lot or other parcel of real estate on which the costs or charges have become delinquent, the description of the lot or other parcel of real estate as shown by the records of the county auditor’s office, and the amount of the delinquent costs or charges together with the amount of the penalty thereon. This lien shall attach to the lot or other parcel of real estate described in the notice of lien from the time of the recording of the notice of lien. The Clerk-Treasurer shall further certify to the County Auditor a true copy of the notice of lien.
(B) The amount of the delinquent costs or charges and the penalty thereon shall be charged to the lot or other parcel of real estate on the tax duplicate and shall be collected in the same manner as taxes are collected by law. Upon collection of the costs or charges and the penalty thereon, as provided for herein, the County Auditor or other appropriate county official shall pay over to the Clerk-Treasurer the total amount of all the costs or charges so collected together with one-half of the penalty thereon, retaining for the use and benefit of the county the other one-half of the amount of the penalty as a fee for collection.
(‘67 Code, § 95.05) (Ord. 16-1966, passed 7-11-66)
The conviction and imposition of a fine upon any person for a violation of this chapter under §§ 98.01 and 98.99 shall not bar the city from cutting the weeds or other rank vegetation or from recovering the costs or charges of performing this work and any penalty thereon, as provided in §§ 98.02 through 98.04.
(‘67 Code, § 95.06) (Ord. 16-1966, passed 7-11-66)
TREES
(A) For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNER. Includes and applies to any agent of any owner of any property described in division (B) below who has charge of the renting, repairs, or management in any way of any of the property mentioned in division (B) below, and the penalty shall apply to any agent as well as to the OWNER of any property.
(B) No owner of any lot or tract of land situated within the city, now established or that may hereafter be established, shall plant or suffer or permit the growth of any tree or shrub commonly known as the North Carolina Poplar, Silver Poplar, Quaking Aspen, Cotton Wood, or Lombardy Poplar upon any lands owned by him. No person shall plant or suffer or permit the growth of any of these trees or shrubs on the streets or alleys or on the tree plats adjacent to their property within the sewer district, or permit any of these trees or shrubs on the street or alley or tree plat adjacent to their property.
(‘67 Code, § 95.20) (Ord. 26, passed 4-4-11) Penalty, see § 98.99
(A) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
PARK TREES. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
STREET TREES. Trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the city.
(B) Creation and establishment of a City Tree Board. There is hereby created and established a City Tree Board which shall consist of five members that are residents of Lawrence County, Indiana, who shall be appointed by the Mayor.
(C) Term of office. The term of the five persons to be appointed by the Mayor shall be three years except that the term of two of the members appointed to the first board shall be for only one year and the term of two members of the first board shall be for two years. In the event that a vacancy shall occur during the term of any member, his successor shall be appointed for the unexpired portion of the term.
(D) Compensation. Members of the Board shall serve without compensation.
(E) Duties and responsibilities. It shall be the responsibility of the Board to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city. The Board when requested by City officials, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
(F) Operation. The Board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(Ord. 35-1989, passed 12-12-89)
(A) Official street tree species. The following list constitutes the official street tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board.
(1) Small trees. Cherries Flowering (sp.), Crabapple Flowering (sp.), Dogwood Flowering (sp.), Golden Rain Tree, Hawthorne (sp.), Pear (Bradford), Redbud, and Plum (Purpleleaf).
(2) Medium trees. Hackberry, Honeylocust (Thornless), Linden or Basswood (sp.), Oak (English), Birch (River), White Birch, and Sweet Gum.
(3) Large trees. Ginkgo, Grey Ash, Maple (Hard), Pecan, Red Maple, White Ash, Yellow Poplar, and Red Oak.
(B) Spacing. The spacing of street trees will be in accordance with the three species size classes listed in division (A) above and no trees may be planted closer together than the following: small trees, 30 feet; medium trees, 40 feet; and large trees, 50 feet; except in special plantings designed or approved by a landscape architect.
(C) Distance from curb and sidewalk. The distance trees may be planted from curbs or curblines will be in accordance with the three species size classes listed in § 98.12(A) and no trees may be planted closer to any curb than the following: small trees, two feet; medium trees, three feet; and large trees, four feet, and no tree may be planted closer to any sidewalk than one foot.
(D) Distance from street corners and fireplugs. No street tree shall be planted closer than 35 feet from any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten feet from any fireplug.
(E) Utilities. No street trees other than those species listed as small trees in § 98.12(A) may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
(Ord. 35-1989, passed 12-12-89) Penalty, see § 98.99
(A) Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The City Tree Board may remove or cause or order to be removed, any tree or part thereof which is in 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, or is affected with any injurious fungus, insect or other pest. This division does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of said trees is in accordance with § 98.12.
(B) Tree topping. It shall be unlawful as a normal practice for any person, firm, or city department to top any street tree, park tree, or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section at the determination of the City Tree Board.
(C) Pruning, corner clearance.
(1) Every owner of any tree overhanging any street or right-of-way within the city shall prune 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 sidewalk. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
(2) The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property, or harbor insects or disease which constitute a potential threat to other trees within the city. The City Tree Board will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal on the owners property tax notice.
(D) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(E) Interference with City Tree Board. It shall be unlawful for any person to prevent, delay or interfere with the City Tree Board, or any of its agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing of any street trees, park trees, or trees on private grounds, as authorized in §§ 98.11 through 98.13.
(Ord. 35-1989, passed 12-12-89)
(‘67 Code, §1.09) (Ord. 35-1989, passed 12-12-89; Am. Ord. 14-2009, passed 5-12-09)
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