3.005 Initiating Improvements.
3.010 City Council Action on Report.
3.015 Resolution of Intent to Create Improvement District.
3.020 Manner of Doing Work.
3.025 Content of Notice of Public Hearing.
3.030 Public Hearing.
3.035 Call for Bids.
3.040 Apportionment of Costs.
3.043 Assessment Procedure.
3.045 Notice of Assessment
3.050 Installment Payments.
3.055 Lien Records and Foreclosure Proceedings.
3.060 Errors in Assessment Calculations.
3.065 Deficit Assessment.
3.080 Abandonment of Proceedings.
3.085 Curative Provisions.
3.200 Rebonding Local Improvement Assessments.
3.210 State Statutes to Apply.
3.215 Bonds May Be Issued.
SENIOR CITIZEN DEFERRAL
3.305 Deferral of Assessment.
3.310 Application Forms.
3.315 Council Review.
3.320 Application Approval.
3.325 Term of Deferral.
3.405 Permit Required.
3.410 Service Driveway Standards.
3.415 Permit Fee.
3.420 Property Owner Responsibility.
3.425 Permit Revocation; Notice.
SIDEWALKS AND DRIVEWAY REPAIR
3.505 Duty to Repair.
3.510 Liability for Sidewalk Injuries.
3.515 Permit Specifications and Fees.
3.520 Notice to Construct, Alter, or Repair Sidewalk.
3.525 City May Construct, Alter, or Repair Sidewalk.
3.530 Assessment for Sidewalk Work Done by City.
DAMAGE TO STREETS
3.600 Street Closure.
3.802 Duties and Responsibilities of Board.
3.804 Size Classes and Tree Species to be Planted.
3.808 Distance from Curbs, Street Corners, Fire Hydrants and Street Lights, and Utilities.
3.810 Public Tree Care.
3.812 Tree Topping.
3.814 Street Tree Care and Pruning.
3.816 Removal of Street Trees.
3.818 Review by City Council.
POLICE OFFICER AND FIREFIGHTER/EMS FEE
3.902 Establishment of Police Officer Fee and Firefighter/EMS Fee; Purpose.
3.904 Collection of Police Officer Fee and Firefighter/EMS Fee.
3.906 Amount of Police Officer Fee and Firefighter/EMS Fee.
3.908 Dedication and allocation of Police Officer Fee and Firefighter/EMS Fee revenue.
3.910 Billing; Responsibility.
3.912 Program Administration; Review.
3.914 Adjustment; Repeal of Fee Upon Cessation of Services.
Improvement. The acquisition, alteration, change in the grade of, construction, establishment, installation, laying out, opening, reconstruction, repair or widening of any street, alley, avenue, sewer, drain, water main, sidewalk, curb, gutter, off-street motor vehicle parking facility, or the performance of any other public work for which an assessment may be made on the property benefited.
Property owners who will be benefited may petition the council to make an improvement. When the council determines that an improvement shall be made, regardless of whether the improvement was initiated by the petition of property owners or the motion of the council, it shall, by motion, direct the city manager to prepare a written report and present it to the council. Unless the council otherwise directs, the report shall contain the following:
(1) A map or plat showing the general nature, location, and extent of the improvement and the land to be assessed for the payment of any part of the cost.
(2) Plans, specifications, and estimates of the work to be done. Where the improvement is to be carried out in cooperation with another governmental agency, the council may adopt the plans, specifications, and estimates of the agency.
(3) An estimate of the probable cost of the improvement, including legal, administrative, advertising, and engineering costs.
(4) An estimate of the cost of the improvement to the property benefited.
(5) A recommendation of the method of assessment to be used to arrive at a fair apportionment of the whole or any portion of the cost of the improvement to the property benefited.
(6) The description and assessed value of each lot, parcel of land, or portion thereof, to be specially benefited by the improvement, with the name or names of the owners as shown by the latest assessment roll in the office of the Polk County assessor.
(7) A statement of unpaid city liens against the property to be assessed.
(8) A description of all property or property interests which must be acquired to make such improvement and estimates of the costs to obtain such property or property interests. A copy of the completed report shall be filed in the office of the city manager.
After the report has been filed, the council, by motion, may approve the report, modify and approve the report, require additional information about the improvement, or abandon the improvement.
After approving the report, the council shall declare by resolution its intention to make the improvement, provide the manner and method of carrying out the improvement, and direct that the city manager:
(1) Give notice of the council's intention to make the improvement by the publication of notice in a newspaper of general circulation in the city once a week for two successive weeks.
(2) Mail a copy of the notice of the council's intention to make the improvement to the owner or owners of property to be benefited by the improvement, as shown by the latest assessment roll in the office of the Polk County assessor.
The council may provide in the improvement resolution that the construction work may be done in whole or in part by the city, by a contract, by any other governmental agency, or by any combination of methods.
The published notice of the council's intent to make the improvement shall contain the following information:
(1) In general terms, the kind of improvement proposed to be made.
(2) That the report relating to the improvement is on file in the office of the city manager and open to public inspection.
(3) A general description of the property to be benefited by the improvement.
(4) An estimate of the total cost of the improvement.
(5) An estimate of the cost of the improvement to be assessed against the property to be benefited.
(6) That the council will hold a public hearing, on a specified date and at a specified time, at which objections and remonstrances to the improvement will be heard. The date and time shall be not earlier than 10 days from the date of the first publication of notice.
The council, at the time specified in the notice, or at another time it may adjourn the meeting to, not exceeding 60 days after the date set for the hearing, shall hear all objections and remonstrances made by the persons affected by the improvement. Within 60 days after the conclusion of the hearing, the council shall determine by resolution whether the proposed improvement or any part of it shall be made and the time within which it shall be completed.
(1) If all or part of the improvement is to be constructed by a contractor, the council shall order the city manager to advertise for bids for construction for a time and in a manner specified by the council.
(2) No contract shall be advertised for nor let until the council has determined by resolution that the improvement shall be made.
(3) A contract for the improvement, or any part of it, shall be awarded to the lowest responsible bidder.
(4) The council may reject any or all bids when they are considered unreasonable or unsatisfactory.
(5) If no bids are received, or if the bids received are rejected, the council may call for other bids or change the manner in which the improvement shall be constructed.
(6) The council shall provide for bonding all contractors for the faithful performance of a contract. The provisions of the contract shall be enforced by action in the name of the city in case of default.
(1) After the passage of the resolution determining that the improvement or some part of it shall be made, the city manager shall ascertain, as nearly as possible, the cost of the improvement and report the cost to the council. The council shall, by ordinance, assess the various lots, parcels of land, or portions specially benefited by the improvement with its share of the cost of the improvement, or in an amount the council determines is appropriate. The council, in adopting a method of assessment of the costs of the improvement, may:
(a) Use any just and reasonable method of determining the extent of the improvement district consistent with the benefits derived.
(b) Use any just and reasonable method of apportioning the sum to be assessed among the properties benefited.
(c) Authorize payment by the city of all or part of the cost of the improvement when, in the opinion of the council, the topographical or physical conditions, unusual or excessive public travel, or other character of the work involved warrant only a partial payment or no payment of the costs of the improvement by the property benefited. The proportion to be paid by the city shall represent a reasonable relation between the benefits derived by the property specially assessed and the benefits derived by the city as a whole.
(2) Nothing in sections 3.000 to 3.090 precludes the council from using other available means of financing improvements, including federal or state grants-in-aid, sewer, water, or other utility charges or fees, revenue bonds, general obligation bonds, or any other legal means of finance. If other means of financing improvements are used, the council may levy special assessments according to the benefits derived to cover any remaining part of the costs of the improvement.
(1) When the estimated cost of an authorized local improvement has been ascertained on the basis of the city's estimate of costs, the award of a contract, or any other basis acceptable to the council, or after the work has been completed and the actual cost has been determined, the city manager shall prepare the proposed assessment to the respective lots within the local improvement district, file it in the city manager's office and submit it to the council. The submission may be in the form of a proposed resolution.
(2) Upon receipt of the proposed assessments, the council shall, after any modifications, adopt a resolution directing notice of the proposed assessments to be mailed or personally delivered to the owners, or reputed owners of the lots proposed to be assessed. The notice shall contain the following information:
(a) The name of the owner, or reputed owner, the description of the property assessed, the total estimated or actual project cost assessed against the described property.
(b) A date and time by which written objections to the proposed assessment, stating specifically the grounds for objection, must be received, the time and the date of a public hearing at which the council will consider any objections.
(c) A statement that the proposed assessment in the notice, as it may be modified by the council, will be levied by the council after the hearing and will thereafter be charged against the property and will be immediately payable in full or in installments, if applicable.
(3) Supplementary notice of the proposed assessment and the public hearing on the assessment may be published or posted in a form and content to be determined by the city manager.
(4) The council shall hold the public hearing on the proposed assessments to consider written objections and may adopt, correct, modify, or revise the proposed assessments. The council shall determine the amount of assessment to be charged against each lot in the district according to the special and peculiar benefits accruing from the improvement, and shall, by ordinance, levy the assessments.
(1) Within 30 days after the adoption of the assessment ordinance, the city manager shall mail a notice of the assessment to the owner or owners of the assessed property as shown by the latest assessment roll in the office of the Polk County assessor. The city manager shall publish notice of the assessment twice in a newspaper of general circulation in the city. The first publication shall be made not later than 20 days after the date the assessment ordinance becomes effective.
(2) The notice of assessment shall recite the date the assessment ordinance became effective and state that if the owner of the property assessed fails to make written application to pay the assessment in installments within 10 days from the date of the first publication of the notice, or if the owner fails to pay the assessment in full within 30 days from the date the assessment ordinance became effective, interest will begin to run on the assessment and the property assessed will be subject to foreclosure.
(3) The notice shall contain a description of the property assessed, the name of the owner or owners of the property and the amount of each assessment.
(1) The owner of property assessed for an improvement in the sum of $25 or more may make written application to the city manager to pay the assessment in installments. The application shall be made within 10 days from the date of the first publication of the notice of assessment, or longer at the city manager's discretion. The city manager may approve the installment application if:
(a) The amount remaining unpaid upon the assessment with any unpaid balance of any previous assessments for an improvement against the same property does not exceed double the assessed valuation of the property, as shown by the last county tax roll, and
(b) The installment payment period does not exceed 10 years.
(2) If the assessed valuation of the property, as shown by the last county tax roll, is insufficient to permit installment payments, the council, by motion, may authorize payments in any manner it determines to be fair and reasonable.
(1) After adoption of the assessment ordinance, the city manager shall enter in the lien docket a statement of the amounts assessed upon each particular lot, parcel of land, or portion thereof, a description of the improvement, the names of the owner or owners, and the date the assessment ordinance became effective. The amount entered in the lien docket shall become a lien and charge upon the particular lot, parcel of land, or portion thereof assessed for the improvement as of the date the assessment ordinance became effective.
(2) Interest at a rate not to exceed 1.5 percentage points more than the net effective rate of interest paid by the city on improvement bonds sold in connection with financing the improvement project out of which the assessment arose, or if no improvement bonds are sold, then interest at a rate the council may set in the assessment ordinance, or if no rate is set in the ordinance, then at a rate of 9 percent per annum shall be charged on the balance of the assessment that is unpaid after 30 days from the date the assessment ordinance became effective.
(3) In addition to the provisions of sections 3.000 to 3.090, the city may use any method authorized by law to enforce collections of delinquent liens. The liens shall be considered delinquent if not paid or placed on an installment basis within 30 days after entry on the lien docket. The city may become a bidder for the property being offered at a foreclosure sale.
(4) If the owner neglects or refuses to pay an installment within one year of the due date, the council may adopt a resolution declaring the whole sum, both principal and interest owing on the assessment, due and payable at once. The council may then proceed to collect the assessment or any part of it.
[Amended by Ordinance 1548, passed October 6, 1997]
Claimed errors in the calculation of assessments may be reported to the city manager, who shall determine whether there has or has not been an error in fact. If the city manager finds that there has been an error in fact, he shall recommend to the council an amendment to the assessment ordinance to correct the error, and, upon enactment of such amendment, the city manager shall make the necessary correction in the lien docket and send a correct notice of assessment by registered or certified mail. If the city manager finds there has been no error in fact, he shall reject the claim.
(1) If an assessment is made before the total cost of the improvement is ascertained and if the amount of the assessment is insufficient to pay the costs of the improvement, the council, by motion, may declare the deficit and prepare a proposed deficit assessment. The council shall set a time for hearing objections to the deficit assessment and direct the city manager to publish one notice of the hearing in a newspaper of general circulation in the city.
(2) After the hearing, the council, by ordinance, shall make a just and equitable deficit assessment which shall be entered in the lien docket as provided by this code. Notices of the deficit assessment shall be published and mailed and the collection of the assessment shall be made in accordance with the procedure for making the initial assessment.
If, upon completion of the improvement, the assessment previously levied on property is more than sufficient to pay the costs of the improvement, the council shall ascertain and declare the excess by ordinance and, when so declared, the excess amounts shall be entered on the lien docket as a credit upon the appropriate assessment. If an assessment has been paid, the person who paid, or his legal representative, is entitled to repayment of the rebate credit, or the portion which exceeds the amount unpaid on the original assessment.
When a deficit or surplus exists after completion of collection of all liens and payment of all liabilities involving an individual assessment roll, the council shall authorize the payment of any deficit from the general fund and shall authorize the transfer of any surplus to the general fund.
The council may abandon and rescind proceedings for an improvement at any time before the completion of the improvement. If liens have been assessed on any property under this procedure, they shall be canceled, and payments made on the assessments shall be refunded to the person paying them, his assigns, or legal representatives.
No improvement assessment is rendered invalid because of a failure of a report to contain all the information required by section 3.005, or because of an omission or deficit in the improvement resolution, the assessment ordinance, the lien docket, or notices published and mailed, nor by the failure to list the name of, or mail notice to, the owner of any property as required by sections 3.000 to 3.090, or by reason of any other error, mistake, delay, omission, irregularity, or other act, jurisdictional or otherwise, in any of the proceedings or steps, unless it appears that the assessment is unfair or unjust in its effect upon the person complaining. The council may remedy and correct all assessments determined by it to be unfair or unjust by suitable action or proceedings.
When an assessment, deficit assessment or reassessment for an improvement which has been made by the city is set aside, annulled, or rendered void, or its enforcement restrained by a court of this state, or a federal court having jurisdiction, or when the council doubts the validity of the assessment, deficit assessment, or reassessment, or any part of them, the council may make a reassessment in the manner provided by state law.
(1) Pursuant to the authority granted by ORS 223.705 to 223.750, the owner of property assessed for a local improvement whose assessment is bonded, entered in the bonded lien docket, and not fully paid, may, with council approval, file with the city manager an application for rebonding the original assessment in the amount due and unpaid or, if there is more than one bonded original assessment on the same piece of property, to combine the bonded assessments in one application. However, the total amount to be rebonded against any lot, tract, or parcel of land shall be $25 or more.
(2) The owner shall pay, with the application, all accrued interest due on the bonded assessment to the first of the month preceding the date of the application for rebonding.
(3) No application for rebonding shall be received by the city manager unless all taxes due on the property have been paid and the applicant produces satisfactory evidence showing all taxes paid.
(4) The amount of the assessment to be rebonded shall constitute a new principal to be paid in equal semi-annual installments, over a period of time set by the council, but not to exceed ten years, with interest at a rate not to exceed two percentage points more than the net effective rate of interest paid by the city on improvement bonds sold by the city in connection with financing the improvement project out of which the assessment arose, or, if no improvement bonds are sold, then interest at a rate set by the council in the assessment ordinance, or, if no rate is set in the ordinance, then at the rate of 9 percent per annum, to be charged on the balance of the assessment which is unpaid after 30 days from the date the assessment ordinance became effective.
(5) The amount of unpaid rebonded assessments, with interest against each lot, tract, or parcel of land shall stand, after rebonding, as a lien in favor of the city until the rebonded assessments and interest are paid. The lien shall have the same priority as all other city liens.
(6) The term "parcel of land" when used in reference to the rebonding of local improvement assessments as authorized by ORS 223.705 to 223.750, means a quantity of land held under one ownership, or joint ownership, provided the land is compact and contiguous.
(1) At the first council meeting of each month, the city manager shall report to the council on the applications for rebonding filed during the preceding month. The council shall allow or disallow each application. When allowed, the city manager shall enter in a docket kept for that purpose a description of each lot, tract, or parcel of land upon which rebonding is allowed and approved and enter the name of the then owner and the total amount of unpaid assessments rebonded.
(2) No error or omission in rebonding shall invalidate or impair the original bonded lien or the lien created by the rebonding. When the council allows an application for rebonding, it shall be allowed and dated as of the first of the month preceding the date of the application.
If the owner or owners of rebonded property neglect or refuse to pay any installment and interest within one year after they become due and payable, then the whole amount of unpaid installments at once become due and payable and shall be collected in the manner and with the same penalty provided by the provisions of applicable state law.
The council is authorized to issue and sell improvement bonds on rebonding applications in an amount not exceeding the total amount for a period set by the council by ordinance. The proceeds from the sale of the bonds shall be applied as follows:
(1) The amount to be rebonded shall be placed to the credit of the improvement bond sinking fund and, as soon as practicable and as far as possible, there shall be called and paid an equivalent amount of the bonds originally issued and refunded by new applications to pay in installments under the provisions of sections 3.200 to 3.215.
(2) The balance of the proceeds of the sale shall be placed to the credit of the improvement bond sinking fund. However, all the bonds shall be issued and sold only in pursuance of a separate ordinance adopted by the council for that purpose.
SENIOR CITIZEN DEFERRAL
A senior citizen living alone or as the head of a household, who is the owner of not less than an undivided one-half interest in the fee of real property as a tenant in common or by the entirety, and who maintains his or her residence on real property that has been or may be assessed for a share of the costs of a public improvement, may apply to the city manager to defer payment of the assessment.
Application forms shall be prepared and furnished by the city manager. The application form shall include:
(1) The name, address, and birthdate of the applicant.
(2) A description of the assessed property.
(3) The amount of the unpaid assessment.
(4) The book and page of the public record in the office of the Polk County clerk that states the applicant's interest in the assessed property.
(5) A statement that the assessed property constitutes the primary residence of the applicant.
(6) The status of the applicant as sole occupant of property, or as head of a household.
(7) A statement that the applicant is retired and on a static or fixed income.
(8) Any other information the city manager may require from the applicant bearing on the question of whether the payment of the assessment will constitute a hardship on the applicant to justify the deferral of the payment.
(1) The city manager shall review each application for deferment of the payment of assessments and make a recommendation to the council not later than 21 days from the receipt of the application.
(2) The council shall accept or reject the recommendation and grant or deny such deferral. If the council fails to act within 21 days after the receipt of the city manager's recommendation, the application for deferral will be considered denied.
(3) The council may deny any application for the deferment of the payment of an assessment for a public improvement for any reason. Acceptance will be based only on a finding by the council that a hardship exists.
If the council grants the application for the deferment of the payment of an assessment, the effect will be as follows:
(2) The assessment will continue to be a lien against the property assessed to the same extent and with like effect as in the case of other assessments for public improvements, except that payment shall be deferred as provided in subsection (1) above.
(1) The deferral of the payment of the assessment shall continue from the date it is granted until the happening of any one of the following events:
(a) The disposal of the property subject to the assessment by the applicant by sale, gift, or otherwise.
(b) The abandonment or relinquishment of the property subject to the assessment by the applicant as his or her primary residence.
(c) The death of the applicant.
(2) From the granting of the application for the deferral until the happening of any of the events contained in subsection (1), no proceedings will be instituted by the city to foreclose the assessment.
(1) No person shall construct or maintain a service driveway in the city without first securing a permit and paying the permit fee required in section 3.415.
(2) A property owner may obtain a permit for a service driveway by filing an application with the director of public works. The application shall be in writing and upon forms provided by the city and shall contain information showing the type of construction, the width of the driveway, its exact location, and any other information that may be required by the director of public works.
(3) All service driveways shall be constructed according to the specifications and under the direction of the director of public works.
[Section 3.410(5) amended by Ordinance No. 1552, passed December 15, 1998; amended by Ordinance No. 1718, passed March 1, 2010]
The permit fee for each service driveway shall be set by resolution.
[Amended by Ordinance No. 1662, passed March 20, 2006]
(1) The permit holder shall construct and maintain that portion of the sidewalk used as a driveway according to the specifications and under the direction of the director of public works. Should the permit holder permit the driveway to become dangerous to the public for any reason whatsoever, the council may revoke the permit.
The city shall mail notice to the permit holder at least 10 days before revocation of the permit, stating the reason for the revocation. The council may revoke the permit without notice if there is an immediate danger to the public.
SIDEWALKS AND DRIVEWAY REPAIR
(1) “Owner” means the person in whose name real property is assessed for tax purposes according to the latest assessment roll in the office of the Polk County assessor.
(2) “Sidewalk” means the concrete, asphalt, brick, paving stone or other hard surface area between the back of the curb and the owner’s property line.
[Amended by Ordinance No. 1783, passed August 3, 2015]
The owner of real property adjacent to or abutting on a public sidewalk, driveway, or retaining wall shall maintain the sidewalk, driveway, or retaining wall in good repair and free of hazards.
(1) The owner of real property abutting a sidewalk is liable to any person injured because of failure by the owner to maintain the sidewalk in good repair or safe condition.
(2) If the city is required to pay damages for an injury to any person caused by the failure of an owner to maintain a sidewalk in good repair or safe condition, the owner shall reimburse the city for the amount of damages paid, and for the attorney fees and costs of defending against the claim for damages. The city may maintain an action in a court of competent jurisdiction to enforce the provisions of this section.
(1) All sidewalks shall be constructed or repaired in accordance with specifications established by the city, a copy of which shall be available for public inspection in the office of the director of public works.
(2) No person shall undertake the construction or repair of a public sidewalk within the city without first obtaining a permit from the director of public works.
(3) At the time the permit for construction or repair of a sidewalk is applied for, the applicant shall pay a permit fee set by resolution.
[Amended by Ordinance No. 1662, passed March 20, 2006.]
(1) When the council determines that a sidewalk needs construction, alteration, or repair, it shall by resolution direct the city manager to issue a notice.
(2) The notice shall require the owner of the property abutting the sidewalk to complete the work within a period of time set by the council. The notice shall also state that if the work is not completed by the owner within the specified period of time, the city may complete it and assess the cost against the property abutting the sidewalk.
(3) The city manager shall cause a copy of the notice to be served personally upon the owner of the property abutting the sidewalk, or the notice may be served by registered or certified mail, return receipt requested. If after diligent search the owner is not discovered, the city manager shall cause a copy of the notice to be posted in a conspicuous place on the property, and such posting shall be considered to have the same effect as personal service of notice upon the owner of the property.
(4) The person serving the notice shall file with the city manager a return of service, reciting the time, place, and manner of service.
If the sidewalk alteration or repair is not completed within the required period of time specified in the notice, the public works director shall complete it if so directed by the council. Upon completion of the project, the public works director shall submit a report to the council containing an itemized statement of costs.
Upon receipt of the report, the council, by ordinance, shall assess the cost of the work against the property adjacent to the sidewalk. The assessment shall be a lien against the property and may be levied and collected in the same manner as is provided for in the city's general ordinance regarding local improvement assessment procedures.
DAMAGE TO STREETS
(1) The city, its duly authorized agent, or, after receiving authorization from the city manager, any contractor or other person engaged in the work of improving the public streets or alleys of the city may, for the proper protection of the streets during improvement, close the street being improved, or put up other safeguards to keep the public from traveling over or damaging the streets.
(2) No person shall, without authority, tear down, take away, or interfere with any of the safeguards put up for protection of a street during improvement. No person shall travel upon or damage a street closed for improvements, or travel upon or damage a street being improved, until the improvement is completed and the road or street is opened to the public for travel.
(1) Violation of a provision of section 3.600 is a civil infraction punishable by a fine not to exceed $250.
(2) Any person who damages a street shall be liable for the cost of repairing it.
Board. The City Park Board established under DCC 2.550.
Park Trees. Trees, shrubs, bushes and all other woody vegetation in public parks, public trails 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 within the public right-of-way on all streets, or other public rights-of-way within the city.
[Section 3.800 added by Ordinance No. 1680, passed April 7, 2008.]
(1) The Board shall study, investigate, develop and administer a written plan for the care, preservation, pruning, planting, replanting, and removal or other disposition of park trees and street trees. Such plan will be presented to the City Council and, upon approval by the City Council, shall constitute the official comprehensive tree plan of the city. Thereafter, the Board shall periodically update and refine the comprehensive tree plan and present all such updates and refinements to the City Council for approval.
(2) The Board shall establish a tree inventory of street trees and park trees. The inventory shall be updated periodically, not less frequently than every three years.
(3) The Board, when requested by the City Council, shall consider, investigate, make findings upon, report and recommend to the City Council any special matter or questions arising within the scope of its duties and responsibilities under Sections 3.700 through 3.750.
[Section 3.802 added by Ordinance No. 1680, passed April 7, 2008.]
The Board shall develop and maintain a list of desirable street trees based on the Growth Characteristics set forth in Dallas Development Code 3.2.040 A., and such other characteristics as the Board shall determine. Efforts shall be made to ensure a diversity of tree species. The Board shall also develop and maintain a list of trees not suitable for planting as street trees.
[Section 3.804 added by Ordinance No. 1680, passed April 7, 2008; amended by Ordinance No. 1714, passed December 21, 2009.]
The spacing of street trees will be in accordance with the provisions of Dallas Development Code 3.2.040 C., except in special plantings designed or approved by a licensed landscape architect.
[Section 3.806 added by Ordinance No. 1680, passed April 7, 2008; amended by Ordinance No. 1714, passed December 21, 2009.]
Except as approved for developments subject to land division or site design review pursuant to Dallas Development Code 3.2.040:
(1) No street tree may be planted closer than five feet to any curb, unless planted with a root guard or other appropriate device to prevent damage by the roots to streets, curbs and sidewalks.
(2) No street tree shall be planted within 20 feet of any street corner, measured from the point of nearest intersecting curbs or curblines.
(3) No street shall be planted within 10 feet of any fire hydrant or street light.
(4) No street tree shall be planted in such proximity to a public sanitary sewer, storm drainage or water line that the root system may cause a conflict with such public sanitary sewer, storm drainage or water line, unless planted with a root guard or other appropriate device to prevent damage by the roots to such utilities.
[Section 3.808 added by Ordinance No. 1680, passed April 7, 2008; amended by Ordinance No. 1714, passed December 21, 2009.]
(1) The city shall have the right to prune, maintain and remove trees, plants and shrubs planted within or extending over the lines of all streets, public rights-of-way and public grounds, as may be necessary to insure public safety or to preserve or enhance the beauty of such streets, public rights-of-way and public grounds.
(2) The city may remove or cause to be removed any tree, plant or shrub which, by reason of its size, location or condition, constitutes a threat to public health or safety, or a hazard to any sewer line, electric power line, gas line, gas line, water line or other public improvements or facilities, or is affected with any injurious fungus, disease, insect or other pest. The removal of such trees, plants or shrubs shall be in the manner provided for the abatement of obnoxious vegetation as provided in DCC Sections 5.450 through 5.460.
[Section 3.810 added by Ordinance No. 1680, passed April 7, 2008.]
(1) Except as provided in subsection (2), it shall be unlawful for any person to top any street tree, park tree or other tree on public property, unless application is made to and approved by the Board. For the purposes of this section, to "top" a tree is defined as the severe cutting back of limbs to stubs with the tree's crown to such a degree so as to remove the normal canopy and cause unnatural disfigurement to the tree.
(2) This section shall not apply in cases of emergency caused by storm damage or other unexpected casualty; provided, the person who directs or performs such emergency tree topping shall make a report such tree topping promptly to the Board, including the grounds for such emergency.
[Section 3.812 added by Ordinance No. 1680, passed April 7, 2008.]
(1) The owner of the property on which any street tree is situated, and the owner of any tree overhanging any street or public right-of-way shall be responsible for maintenance of such street tree, and shall regularly prune the branches so that the branches shall not significantly 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 14 feet above the street surface or eight feet above the sidewalk surface.
(2) All tree pruning of street trees shall be done in conformance with the American National Standards Institute A-300 standard for tree care operations.
(3) The city shall have the right to prune any tree or shrub on private property when it significantly obstructs the light of any street lamp or impairs the view of a public street or any traffic control sign or device. The pruning of such trees, plants or shrubs shall be in the manner provided for the abatement of obnoxious vegetation as provided in DCC 5.450 through 5.460.
(4) Tree limbs that grow near high voltage electrical conductors shall be maintained clear of such conductors by the responsible electric utility in compliance with any franchise agreement. Except as otherwise provided in such franchise agreement, a utility tree trimming policy shall be subject to review and approval by the Board prior to any trimming by a utility company.
[Section 3.814 added by Ordinance No. 1680, passed April 7, 2008; amended by Ordinance No. 1714, passed December 21, 2009.]
(1) No person shall remove or cause to be removed a street tree without first obtaining a permit and complying with the requirements set forth in this section.
(2) A person may remove a street tree only if the street tree is diseased or, by reason of its location or condition, constitutes a nuisance or hazard to public safety.
(3) A person wishing to remove a street tree shall submit an application for a tree removal permit with the Community Development Director, who may refer the application to the Board. The application shall be accompanied by a fee as the council may establish by resolution, and shall include the following:
(a) Facts that establish the reason for the removal of the tree, including the location, size, species and health of the tree;
(b) Evidence satisfactory to the Director that the applicant has the right to remove the tree;
(c) The name of the person or entity that will remove the tree and the person's or entity's qualifications. The tree may be removed only by the person or entity identified on the application.
(4) An application under this section shall be accompanied by a report of an arborist that supports the application, unless this requirement is excused in the case of an emergency or for other good cause by the Director.
(5) The person removing the tree shall obtain a good and sufficient bond or policy of general liability insurance insuring the city, its directors, officers, employees and agents, against liability for property damage, personal injury and death arising from or related to the removal of the tree, in such amount as the Director deems sufficient, and shall agree to defend, indemnify and hold the city, its directors, officers, employees and agents harmless from all claims, liabilities, demands arising from or relating to the removal of the tree.
(6) All stumps of street 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.
(7) The Director may, as a condition of a permit under this section, require the applicant to replant a tree to replace the tree removed, in accordance with Dallas Development Code 3.2.040. If the Director determines that it would be unsafe, impractical or inappropriate to replant a tree on the same property as the property from which the tree was removed, the Director may require the applicant to pay the cost of replanting a tree to replace the tree removed on other public property. Such cost shall include the cost of the tree and a reasonable charge for labor, materials and equipment used to plant the tree.
(8) In addition to the penalty provided in section 3.820, a person who removes a street tree without first obtaining a permit under this section shall be subject to prosecution for a criminal offense under this code or under state law.
[Section 3.816 added by Ordinance No. 1680, passed April 7, 2008; amended by Ordinance No. 1724, passed June 21, 2010.]
Any person aggrieved by a decision of the Board may appeal such decision to the City Council by filing a notice of appeal within ten days following the effective date of the decision appealed from. The City Council may by resolution establish a fee for any such appeal.
[Section 3.818 added by Ordinance No. 1680, passed April 7, 2008.]
(Section 3.820 added by Ordinance No. 1680, passed April 7, 2008.]
POLICE OFFICER AND FIREFIGHTER/EMS FEE
[Section 3.900 added by Ordinance No. 1818, passed October 1, 2018.]
(1) There is hereby created a Police Officer Fee. The purpose of the Police Officer Fee is to provide funding for up to two Police Officer Positions as defined in section 3.900.
(2) There is hereby created a Firefighter/EMS Fee. The purpose of the Firefighter/EMS Fee is to provide funding for up to two Firefighter/EMS Positions as defined in section 3.900.
[Section 3.902 added by Ordinance No. 1818, passed October 1, 2018.]
(1) The Police Officer Fee and Firefighter/EMS Fee shall be added to the monthly utility services bill of each customer in the city, in the manner provided in this section.
(2) Except as provided in subsection (3), below, one Police Officer Fee and one Firefighter/EMS Fee shall be added to each utility services bill.
(3) On those bills for utility services on which the City assesses more than one sewer service fee, the number of Police Officer Fees and Firefighter/EMS Fees itemized and billed shall be the same as the number of sewer service fees itemized and billed.
(4) Properties not receiving billing statements for city utility services shall not be charged a Police Officer Fee or Firefighter/EMS Fee.
[Section 3.904 added by Ordinance No. 1818, passed October 1, 2018.]
(1) The Police Officer Fee established in section 3.902, above, shall be assessed monthly in the amount of $2.59.
(2) The Firefighter/EMS Fee established in section 3.902, above, shall be assessed monthly in the amount of $2.36.
[Section 3.906 added by Ordinance No. 1818, passed October 1, 2018.]
(1) All Police Officer Fee revenues collected shall be distinctly and clearly noted in the revenue section of the city budget and shall be dedicated and used exclusively for the funding of the police officer positions as defined in section 3.900.
(2) All Firefighter/EMS Fee revenues collected shall be distinctly and clearly noted in the revenue section of the city budget and shall be dedicated and used exclusively for the funding of Fire and EMS Positions as defined in section 3.900.
(3) The fees paid and collected by virtue of this subchapter shall not be used for other governmental or proprietary purposes of the city.
[Section 3.908 added by Ordinance No. 1818, passed October 1, 2018.]
(1) The Police Officer Fee and Firefighter/EMS Fee shall be billed and collected monthly.
(2) Unless another responsible person has agreed in writing to pay, and a copy of that writing is filed with the city, the persons responsible for paying the city's utility service charges are responsible for paying the Police Officer Fee and Firefighter/EMS Fee, if the property is located within the city limits. No Police Officer Fee or Firefighter/EMS Fee shall be collected on property located outside the city limits.
(3) Charges for water, wastewater, stormwater, and the Police Officer Fee and Firefighter/EMS Fee shall be billed on the same utility bill. If full payment of utility billing is not made on any bill, payment shall be applied in the following order:
(a) Water fees.
(b) Sewer fees.
(c) Stormwater fees.
(d) Police Officer Fees and Firefighter/EMS Fees. If payment is not sufficient to pay the full amount of both the Police Officer Fee and the Firefighter/EMS Fee, the amount received shall be allocated proportionately, 53% to the Police Officer Fee and 47% to the Firefighter/EMS Fee.
[Section 3.910 added by Ordinance No. 1818, passed October 1, 2018.]
(1) Except as provided below, the City Manager shall be responsible for the administration of the Police Officer Fee and Firefighter/EMS Fee program.
(2) The City Council will review the Police Officer Fee and Firefighter/EMS Fee at least annually, as part of the budget development process of the city. Such review shall include, but is not limited to, a review of the amounts collected by the Police Officer Fee and Firefighter/EMS Fee, the amounts spent on the police officer positions and Firefighter/EMS Positions funded by the Police Officer Fee and the Firefighter/EMS Fee during the preceding year, the current and projected needs of the City Police and Fire/EMS Services, and other sources of funding available for Police and Fire/EMS Services.
[Section 3.912 added by Ordinance No. 1818, passed October 1, 2018.]
(1) If the city hereafter ceases to provide police services, section 3.902 shall be repealed and no Police Officer Fee shall be billed or collected.
(2) If the city hereafter ceases to provide Fire/EMS Services, Section 3.902 shall be repealed and no Firefighter/EMS Fee shall be billed or collected.
(3) If the city hereafter elects to fund any of the police officer positions funded by the Police Officer Fee, or any portion of such positions, by any means other than the revenue generated from the Police Officer Fee, the amount of the Police Officer Fee as provided in section 3.906 shall be reduced in proportion to the amount of such funding provided from other sources of revenue.
(4) If the city hereafter elects to fund any of the Firefighter/EMS Positions funded by the Firefighter/EMS Fee, or any portion of such positions, by any means other than the revenue generated from the Firefighter/EMS Fee, the amount of the Firefighter/EMS Fee as provided in section 3.906 shall be reduced in proportion to the amount of such funding provided from other sources of revenue.
[Section 3.914 added by Ordinance No. 1818, passed October 1, 2018.]
(1) A Police Officer Fee or Firefighter/EMS Fee is delinquent if payment is not received before the due date.
(2) If a responsible person's utility account is delinquent for nonpayment of Police Officer or Firefighter/EMS Fee only, the city may not discontinue water services billed on that account. However, if water services are discontinued on account of nonpayment of other utility service charges, the city may refuse to restore water service if all of the delinquent utility charges and the Police Officer Fee and Firefighter/EMS Fee are not paid.
(3) Notwithstanding any provision herein to the contrary, the city may institute any necessary legal proceedings to enforce the provisions of this chapter, including but not limited to collection of charges owing. The city's enforcement rights shall be cumulative.
[Section 3.916 added by Ordinance No. 1818, passed October 1, 2018.]