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Activities harmful to public trees shall include, but are not limited to: soil compaction from vehicles or pedestrian traffic or materials storage; trenching roots; excavating roots; grading roots; grubbing; soil backfill or sedimentation; soil cuts; soil contamination; changes in water drainage; fire, mechanical or chemical damage to roots/trunks/branches/crowns; improper pruning, watering, fertilizing, mulching and improper pesticide application; and topping, tipping, heading or stubbing.
(Ord. 13-016, passed 8-13-13)
(A) Generally. The Parks and Trees Commission shall serve as the appeals board for the administration of this chapter.
(B) Notice. Any party affected by a determination or decision of the Urban Forester or the Commission under the terms of this chapter shall be entitled to appeal such decision to the Parks and Trees Commission in their capacity as the appeals board. Requests for an appeal shall be sent to the Parks and Trees Commission at least ten days prior to a regularly scheduled meeting of the Commission.
(C) Open hearing. All hearings before the Commission shall be open to the public. The appellant, the appellant's representative, the Urban Forester, and any person whose interests are affected shall be given an opportunity to be heard. A quorum shall consist of not less than two- thirds of the appeals board's membership.
(D) Postponed hearing. When the full Commission is not present to hear an appeal, either the appellant or the appellant's representative shall have the right to request a postponement of the hearing.
(E) Decision. The Commission shall modify or reverse any decision made under this chapter only by a concurring vote of a majority of the Commission. Absent a majority decision of the Commission to modify or reverse the decision, the original determination shall stand. The appellant shall be notified of the Commission's decision within 24 hours of any determination being made by the Commission. Thereafter, the decision of the Commission shall be filed in the office of the City Clerk.
(F) Further review. Any person whose interests are directly or materially affected by the decision, whether or not a previous party of the appeal, shall have the right to appeal the appeals board's decision to the Court of Common Pleas for Kershaw County. Such Court shall first decide if such person has alleged sufficient facts to support a claim of legal standing to pursue the appeal, and if so, shall proceed to hear the appeal then, or at such later time as may be convenient to said Court. The filing and service of an application for review shall be made in the manner and time required by law following the filing of the decision in the office of the City Clerk.
(Ord. 13-016, passed 8-13-13)
In case of emergencies involving, but not limited to, infestations of pests, natural disasters, storm events (tornado, windstorm, flood, hurricane, snow storm, ice storm) and/or acts of terrorism, the requirements of this chapter may be waived in whole or part by City Council during the emergency period so that the requirements of this chapter would in no way hamper private or public work to restore order and operations to the city.
(Ord. 13-016, passed 8-13-13)
(A) The city shall be responsible for enforcing all the provisions of this chapter. The Urban Forester shall have the authority to inspect public property for compliance with this chapter.
(B) No person shall plant, prune or remove a public tree without a proper permit issued under the provisions of this chapter. Further, no person shall perform any activity from § 100.10 that has been determined to be harmful to public trees.
(C) Any person, firm or corporation who violates any provision of this chapter or who fails to comply with any notice issued pursuant to provisions of this chapter, upon being found guilty of violation, shall be subject to a fine of not exceeding $500.00 or imprisonment not exceeding 30 days, or both. Each and every violation of this chapter shall constitute a separate offense punishable by the provisions of this chapter.
(Ord. 13-016, passed 8-13-13)