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Elyria, OH Code of Ordinances
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553.03 REMOVAL OF TREES, WEEDS, GRASSES BY MUNICIPALITY.
   In the event the owner does not trim or remove any tree, plant or shrubbery, or any part thereof, in accordance with the provisions of this chapter, then the Director of Safety-Service is authorized and it is declared to be his or her duty to have enforced the provisions of this chapter, and to cause to be trimmed or removed such tree, plant or shrubbery, or part thereof, and cut and removed all grass and weeds.
(Ord. 2016-117. Passed 9-19-16.)
553.04 ASSESSMENT OF COSTS BY MUNICIPALITY.
   Except as otherwise set forth in this chapter, whenever any tree, plant or shrubbery, or part thereof, or weeds and grass are growing on private or commercial property contiguous to a street or sidewalk or public place, or on a tree lawn contiguous to private or commercial property, and is trimmed or removed by the City, then, after the work is done, the City shall give five days' notice, by regular U.S. mail, to the owner of such lot or parcel of land, at his or her last known tax mailing address, to pay the cost of such trimming or removal of trees, plants, shrubbery, grass or weeds, or parts thereof, which notice shall be accompanied by a statement of the amount of cost incurred, and in the event the same is not paid within 30 days after the mailing of such notice, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(Ord. 2016-117. Passed 9-19-16.)
553.05 TREE AND SHRUB PERMITS REQUIRED.
   (a)   Planting, Cutting, Trimming or Treating. Except as otherwise set forth in this chapter, no person shall plant, cut, trim or treat any tree or shrub upon any public way, tree lawn, street, alley or City property without first obtaining a permit therefor from the City Urban Forester. The permit for planting shall specify the size, type, species and location of the tree or shrub to be planted. There shall be no fee charged for said permit.
   (b)   Excavation and Construction Around Trees. No person shall make any excavation, place any fill, compact soil or construct any building, structure, street, sidewalk, driveway, pavement or public utility within the dripline of any tree located in the public way, tree lawn, street, alley or City property without first obtaining a permit therefor from the City Urban Forester. There shall be no fee charged for said permit.
(Ord. 2016-117. Passed 9-19-16.)
553.06 PROTECTION OF TREES, SHRUBS AND PLANTS; DETERMINATION OF HAZARDOUS OR INAPPROPRIATE SPECIES OF TREES.
   (a)   All trees on any tree lawn or public place near the excavation and/or construction of any building, structure or street work, shall be guarded with a protective device, such as a substantial fence, frame or box not less than four feet high and six feet square or 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 feet from the ground. 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)   Except as otherwise set forth in this chapter, no person shall destroy or mutilate any tree, shrub or other plant in a tree lawn or public place, or attach or place any rope or wire (other than one used to support a young or weak tree), sign, poster or other thing on any tree growing in a tree lawn or public place, or allow any gaseous, liquid or solid substance harmful to such tree to come in contact with any part of the tree.
   (c)   Any property owner may request, from the City Urban Forester, a permit to remove a healthy tree from the tree lawn. If such permit is granted, the owner of such property shall be responsible for the entire cost of removing said tree, including the stump, together with the cost of replanting a new tree, pursuant to Section 553.05(a). If mandated by the City Urban Forester, the property owner shall cause the removal of said tree by a tree maintenance contractor who is registered with the City at the time the tree is to be removed. The cost of repair or restoration of any lateral line or sidewalks shall be borne by the property owner. If, through the repair of the lateral, it is determined that the "root flair" of said tree impinges upon the lateral, the City Urban Forester, in conjunction with the Engineering Department, may order the tree removed.
   (d)   The City Urban Forester shall order, at the City's expense, the removal of any tree, shrub or plant from the tree lawn, which he or she determines to be:
      (1)   An inappropriate species for the location; or
      (2)   Hazardous to life or property.
(Ord. 2016-117. Passed 9-19-16.)
553.07 ARBORICULTURAL STANDARDS.
   All permit holders under this chapter shall abide by general arboricultural specifications and standards and the guidelines in the Comprehensive Tree Plan of the City of Elyria.
(Ord. 2016-117. Passed 9-19-16.)
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