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The Urban Forester, with advice and assistance of the UFB and Public Works Department, shall develop and implement the city’s Landmark Tree Program.
(A) The Landmark Tree Program shall recognize the significance of landmark trees, and designate such trees on public and on private property. A tree on private property may be designated a landmark tree if it is prominently visible to the public along major roads or public places, or if it is nominated for such a recognition. A tree may qualify as a landmark tree if it meets one or more of the following criteria:
(1) Has historical significance to a person, place or event;
(2) Has attained significant size in height, caliper or canopy spread for its age and species;
(3) Has significance because of its age;
(4) Has special aesthetic qualities for its species and/or is of specials importance to the city;
(5) Possesses rare horticulture value; and
(6) It is not a hazard.
(B) Landmark trees under the city’s jurisdiction shall be given special consideration regarding maintenance, protection and removal.
(C) Preservation of landmark trees on private property shall not be regulated but shall be guided.
(Ord. O-20-20, passed 9-15-2020)
(A) Hazard trees and public nuisances.
(1) Any tree that poses a high risk of damage to persons or property shall constitute a hazard tree. The standard for rating the degree of hazard of a tree shall be the International Society of Arboriculture’s Tree Risk Assessment Manual. Reference copies of the International Society of Arboriculture’s Tree Risk Assessment Manual will be made available in the office of the City Clerk, and the Public Works Department.
(2) Any tree, shrub or other plant interfering with public or private utilities, or which interferes with or restricts the full use or visibility of any public street, sidewalk, alley or intersection to any person lawfully using such right-of-way shall constitute a public nuisance. A public nuisance may further include any tree, shrub or other plant on public or private property that harbors insects or disease infestations that may readily spread to infect and cause permanent harm to neighboring arboriculture.
(3) The Urban Forester shall manage or eliminate any public arboriculture that constitutes a hazard or a public nuisance as determined through the city’s nuisance ordinances.
(Ord. O-20-20, passed 9-15-2020)
(A) Permit required. It shall be unlawful for any person, partnership, corporation or other legal entity, including a public or private utility and a city, county or state, or any employee thereof, to plant, remove, prune, trim, treat, damage or disrupt public arboriculture, above ground or within the critical root zone, without first having obtained a public arboriculture permit to do so from the Public Works Department of the city.
(B) Permits generally. Permits are not required for work performed on public arboriculture by city employees, or for public utilities that follow the requirements of division (E) below. Permits are also not required for watering or mulching street trees, but these should also be done in accordance with the city’s best management practices.
(C) Permit requirements.
(1) (a) Application for a permit shall be made on forms prescribed by the Public Works Director and submitted a minimum of ten business days prior to any proposed work. The application shall contain:
1. The name, mailing address and contact information for the applicant;
2. A statement or plan identifying the location and scope of work for the proposed planting, removal, pruning, trimming, treatment or changes to the immediate area of public arboriculture;
3. A digital image of the impacted area under the proposed work plan;
4. The name and address of the owner of any abutting property;
5. The name and qualifications of the individual doing the work;
6. The protective measures that will be utilized to minimize damage to the public arboriculture being addressed;
7. Identification of any overhead utilities in the work zone; and
8. Any other pertinent information which the Public Works Department may require.
(b) Permit applications will be evaluated utilizing the city’s most recent best management practices document. Reference copies of the best management practices will be on hand in the City Clerk’s office, the Public Works Department and posted to the city’s website.
(2) The Public Works Department, before issuing any permit, shall determine that the workmanship and method proposed in the permit application are satisfactory.
(3) Work authorized by said permit shall be completed within the time specified and in the manner described.
(4) Any permit shall be void if any of its terms are violated and the civil fines prescribed in this chapter may be applied.
(5) Failure to comply with any of these standards and conditions shall be adequate grounds for the denial of a permit application.
(D) Denied permit appeal process.
(1) Upon determining that an application for permit is to be denied, the Urban Forester shall state the basis for such denial in writing, including the criteria upon which the denial is predicated.
(2) All applicants for permits under the provisions of this chapter shall have the opportunity to submit a written appeal, to the Public Works Director within five business days of the initial permit denial. The Public Works Director will have five business days for a response on the appeal.
(3) A hearing before the City Manager, or his or her designee, may be requested, if the Public Works Director upholds the initial denial. All hearing requests must be submitted within five business days of the Public Works Directors decision. The hearing shall be held within 30 days of the request. Utilizing the decision making criteria of this chapter, the City Manager, or his or her designee, shall weigh the testimony and evidence submitted by the appellant and the Urban Forester, and uphold, reverse or remand to the Urban Forester for further consideration stipulating certain facts.
(4) A hearing before the Board of Commissioners may be requested, if the City Manager, or his or her designee, upholds the initial denial. All hearing requests must be submitted to the City Clerk with a copy to the City Solicitor within five business days of decision by the City Manager, or his or her designee. The hearing shall be held within 30 days of the request. Utilizing the decision-making criteria of this chapter, the Board of Commissioners shall weigh the testimony and evidence submitted by the appellant and the Urban Forester, and uphold, reverse or remand to the City Manager for further consideration stipulating certain facts.
(E) Limited permitting exceptions.
(1) Emergency removal or pruning. In the case of emergencies, if immediate removal or pruning is required to protect the health and safety of the public or to restore order in the city, work to mitigate the immediate hazard may be performed on public trees, shrubs and other plants under the city’s jurisdiction without a permit. Only the work required to remove the immediate hazard shall be performed and the Urban Forester shall be notified as soon as possible. Decisions regarding any further work shall be made by the Urban Forester.
(2) Limited permitting exception for utilities. Public and private utilities operating under the jurisdiction of their respective city franchise agreements or contracts with the city may, without a public arboriculture permit, perform such maintenance and construction, including street tree pruning, as may be required to provide utility service in the city or comply with the public safety regulations under which they operate. However, a utility must notify the Urban Forester of such work at least ten working days before undertaking the work, unless an emergency exists. Work in, on and around the public arboriculture shall conform to the Urban Forestry BMPs and any other applicable public arboriculture regulations related to public or private utilities. The Public Works Director shall have the authority to stop or modify any work in, on or around the public arboriculture that does not conform to these BMPs. Nothing in this division (E)(2) shall be construed to waive requirements for any other permits applicable to maintenance and construction involving or impacting public arboriculture.
(3) Road and/or sidewalk projects. Individual permits will not be required for city, county or state road and/or sidewalk projects as long as tree preservation and protection requirements, conforming to the urban forestry BMPs, are included in the project plans.
(Ord. O-20-20, passed 9-15-2020) Penalty, see § 51.99
Any landscaping or tree service contractor engaged in the business of planting, removing, pruning, trimming or treating public arboriculture shall have a city business license, including proof of appropriate liability insurance on file. Such contractor shall be an arborist certified by the International Society of Arboriculture (ISA) or have on staff an ISA-certified arborist who will oversee all tree-related work. Such contractor shall coordinate all proposed work with these trees, shrubs and other plants with the Urban Forester and shall follow the urban forestry BMPs.
(Ord. O-20-20, passed 9-15-2020)
(A) Liability disclaimer. Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor relieve the owner of any private property from his or her duty to keep any tree, shrub or other plant on or over his or her property or under his or her control in such condition as to prevent it from constituting a hazard or public nuisance within the city.
(B) Noninterference. No person, partnership or other legal entity shall interfere with persons acting under city authority while engaged in the inspection, planting, pruning, treatment or removal of any public arboriculture.
(Ord. O-20-20, passed 9-15-2020)
(A) Civil offense. A violation of this chapter shall constitute a civil offense. Unless otherwise addressed in this section, any person, firm or corporation who violates any provision of this chapter, shall be subject to a civil fine or fines including abatement costs as set forth herein and in § 92.99 of this code of ordinances.
(B) Lien. The city shall possess a lien on property for all fines, penalties, charges, attorney’s fees and other reasonable costs associated with enforcing this code and placing of a lien on a parcel of real property pursuant to this code. The lien shall be superior to and have priority over all other liens, except state, county, school board and city taxes if all legal requirements are satisfied.
(C) Repair or replacement of trees. As a result of the violation of any provision of this chapter, if the injury, mutilation or death of public arboriculture is caused, the cost of the repair or replacement of such tree, shrub or plant shall be assessed as abatement costs and included in the final civil fine to be borne by the party in violation by the Code Enforcement Board. Replacement value of the public arboriculture shall be determined in accordance with the latest revision of the Guide for Plant Appraisal, published by the International Society of Arboriculture. Reference copies of the Guide for Plant Appraisal will be made available in office of the City Clerk, and the Public Works Department.
(D) Hazardous trees and public nuisances. In the event that a hazardous tree or public nuisance is not abated by the date specified in any citation or final unappealable order of the Code Enforcement Board, the city may abate the hazard or nuisance. The reasonable cost of such abatement shall be filed as a lien against the property on which the hazard or nuisance was located. In addition, the owner of the property on which the hazard or nuisance was located shall be subject to the civil fines set forth above.
(E) Code Enforcement Board power. The City Code Enforcement Board shall have power to issue remedial orders, determine the imposition of reasonable abatement costs and impost civil fines to enforce this section. Enforcement of this section shall be in accordance with the procedures outlined in the Code Enforcement Board guidelines located in §§ 92.16 through 92.23 of this code of ordinances. Civil fines for violations of this section shall be those set forth in § 92.99. The city shall possess a lien on property, real or personal, for all fines, penalties, charges, attorney’s fees and other reasonable costs associated with enforcing this code, and the cost of placing of a lien on a personal or real property pursuant to this code.
(Ord. O-20-20, passed 9-15-2020)