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(a) It shall be unlawful for any person, owner, or occupant having supervision or control of any lot, tract, parcel of land or portion of it, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to permit or maintain on any such lot, tract, or parcel any tree or part thereof which is a public nuisance, and it shall be the duty of such person, owner or occupant to promptly remove, eradicate or otherwise control such condition.
(b) The City Arborist is charged with enforcement of this section, and to that end may enter upon private property at all reasonable hours for purposes of inspecting trees or plants or parts thereof, and may remove such specimens as are required for purposes of analysis to determine whether the same are infected.
(c) The City Arborist shall serve on the owner of the premises where a public nuisance as herein defined is found, written notice of the existence of such nuisance and an order detailing the requirements of abatement to be completed within a reasonable time to be specified in such notice. The “owner of the premises” means a person who has title to the property, or a person who has possession of the property. The notice of abatement shall be served by registered mail or personally on the owner. If such owner cannot be found, a copy of said notice shall be placed upon said tree or part thereof.
(d) If any work required to be done by the City Arborist is not accomplished within the time specified, the City Arborist may cause the work to be done at the expense of the City on the account of the owner of the property on which such work or improvements are done. Any notice given pursuant to this section shall state that if the work required is not done within the time specified, the City will cause the same to be done at the expense of the owner. A statement of costs incurred by the City shall be mailed to the owner by registered mail or personal delivery. Such statement shall be paid within 30 days of the date of mailing thereof to the City Finance Department. If the owner is unable to pay the cost of such work within 30 days, the City Finance Director is authorized to enter into an agreement to accept payment in installments not to exceed one year. In the event of nonpayment, all of the actual costs to the City will be assessed on the real estate on account of which expense is incurred.
(e) If the owner or occupant refuses to admit persons working for the City for the purpose of abating the nuisance, the City Arborist and the City Attorney shall seek an appropriate court order to gain admission.
(Ord. 117-2004. Passed 6-21-04.)
All permits issued for the installation of public utilities shall be certified by the Service Director. When a permit is given by the Service Director to a telephone, telegraph, electric power, gas company or other public service corporation or utility to trim trees, cut roots or remove trees to perform other work affecting public operations, the work shall be limited by the actual necessities of the service of the company and shall be done in a neat and workmanlike manner and according to specifications outlined by the Service Director. The Director may assign an inspector to supervise the provisions of the permit and the cost of such service shall be charged to the public corporation or utility at cost.
(Ord. 219-1972. Passed 10-2-72.)
No person shall prevent, delay or interfere with the Service Director or any of his or her designated agents in the execution or enforcement of the provisions of this chapter. However, nothing herein shall be construed as an attempt to prohibit a public hearing or permit any legal or equitable remedy in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.
(Ord. 219-1972. Passed 10-2-72.)
Whenever permits are issued for new construction of homes or subdivisions or other structures fronting on City streets or boulevards, the promoter or builder of the development shall include the planting of trees in tree lawns if, in the opinion of the Service Director there is sufficient space. The trees are to be planted according to Section 909.05.
(Ord. 219-1972. Passed 10-2-72.)
(a) No person, firm or corporation shall solicit for or engage in any kind of forestry or tree surgery work for another person, firm or corporation within the City without first obtaining a forestry and tree surgery permit from the Service Director. Such permit shall be granted under the direction of the Service Director upon the filing of a proper application to be furnished by the Service Director and upon the applicant's furnishing proof satisfactory to the Service Director that the applicant is reasonably qualified by experience, training and reputation to engage in such forestry or tree surgery work, and that the applicant is prepared and agrees to remove any and all tree branches, logs, stumps and other debris resulting from such work from the premises wherein the work was performed to a proper disposal site as determined by the City, within five days from the date of the cutting of the branches, logs, stumps and other debris in the performance of such work.
(b) Prior to the issuance of such permit, the applicant shall file certificates of insurance or evidence thereof with the Service Director that he or she is protected under Worker's Compensation Acts and that he or she maintains such insurance as will protect him or her from other claims for damages to property or for personal injury, including death, which may arise from operations under such permit, whether such operations are by the permit holder or any other permit holder who may be a subcontractor employed thereby or anyone directly or indirectly employed by the permit holder or subcontractor thereof. The permit holder shall file with the Service Director and maintain in force, naming the City as insured, a contractor's liability policy in a form approved by the Director of Law, covering all operations within the City by the permit holder on either public or private property in limits of one hundred thousand dollars ($100,000) bodily injury or wrongful death for each person, three hundred thousand dollars ($300,000) for each accident and one hundred thousand dollars ($100,000) property damage. All casualty insurance policies so deposited shall have attached to them a rider in substance as follows: This policy, within its limits and coverage provided, shall be for the benefit of the City of Euclid, and afford it protection, whether or not its liability is statutory.
(c) A fee of twenty-five dollars ($25.00) shall be charged for the issuing of such permit and each such permit shall be for the period of one year.
(a) Method. In addition to the methods now existing, or which may hereafter by created, by law or by ordinance of this City for levying special assessments to provide for the payment of any part of the cost of any public improvement in the City, the method of levying special assessments to pay the cost of planting, maintaining and removal of trees in the City shall be as set forth in this section.
(b) Resolution Declaring Necessity. When the Mayor recommends to Council that a portion of the cost and expense of planting, maintaining and removal of shade trees in the streets and public places of the City be paid by special assessments, Council may declare the necessity therefor by resolution, the passage of which shall require an affirmative vote of three-fourths of all members elected to Council. The resolution shall:
(1) Determine the portion of the cost of such planting, maintaining and removal of shade trees to be assessed. The assessments shall be made upon all the lots and lands abutting upon such streets and public places as may be named in the resolution. The assessments shall be in proportion to the benefits which may result from such improvement and shall provide that the entire remainder of the cost of the improvement, which shall not be less than two percent of the entire cost plus the cost of street intersections, shall be paid by the City:
(2) Provide that all such assessments that are not paid in cash within thirty days of the passage of the levy ordinance referred to in subsection (f) hereof shall be duly certified to the County Auditor as provided by law to be placed by him or her upon the tax duplicate and collected as other taxes are collected in annual installments;
(3) State whether or not notes are to be issued in anticipation of the collection of special assessments and, in the event it is determined to issue such notes, the amount of the assessment so certified to the County Auditor shall bear interest at the same rate as is borne by the notes; and
(4) State that before the date of the first publication of the resolution there will be on file in the office of the Director of Finance his or her “Tree Planting and Maintenance Assessment List,” showing in detail the amount of the assessment which is proposed to be levied upon each lot and parcel of land to be affected by the assessment and that any complaint or objection against the assessment list shall be filed with the Clerk of Council within two weeks after the completion of the publication of the resolution, which publication shall be made as provided in subsection (d) hereof.
In describing the lots and lands as assessed in this procedure, it shall be sufficient to describe the same as being all the lots and lands bounding and abutting upon the streets or public places described in the resolution.
(c) Assessment List. Upon the passage of the resolution referred to in subsection (b) hereof, the Director of Finance shall proceed to spread the total amount of the proposed assessment upon the lots and parcels of land described in the resolution in proportion to the benefits which may result from such planting, maintaining and removal of shade tree improvements and shall prepare a list of all the lots and parcels of land showing the amount in dollars and cents of each proposed assessment set opposite each parcel of land. This list shall be known as the “Tree Planting and Maintenance Assessment List” and shall be kept on file in his or her office and open for public inspection to all persons interested.
(d) Assessment List; Publication. When the “Tree Planting and Maintenance Assessment List” has been completed, the Director of Finance shall cause such declaratory resolution to be published once a week for two consecutive weeks in a newspaper. No other ordinance or resolution in connection with the proceedings hereunder need be published and no other notice as hereinabove noted shall be required.
(e) Board of Revision of Assessments. After the expiration of the two-week period allowed for the filing of objections and complaints, the Director of Finance shall refer the resolution and the “Tree Planting and Maintenance Assessment List,” and any objections or complaints filed concerning the List, to a Board of Revision of Assessments, to be appointed by Council, which Board shall have the same powers and duties in connection with the proposed assessments, complaints and objections as the Assessment Equalization Board is given by Ohio R.C. 727.16 pertaining to special assessment proceedings for other street improvements. When the Board has finally approved the “Tree Planting and Maintenance Assessment List,” it shall report the List to Council. However, such List need not be set forth in full in its report but may be incorporated by reference only.
(f) Action by Council. When the Board of Revision of Assessments has made its report to Council, Council, by ordinance, may determine to proceed with the improvements and assessments and in the same ordinance may levy the assessments as so reported by the Board of Revision of Assessments. Special assessments so levied shall be a lien from the date of the levy ordinance upon the respective parcels of land and lots assessed, enforceable in the manner provided by general law, and shall be payable as determined in the assessing ordinance.
(Ord. 112-1956. Passed 5-21-56.)
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