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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.)
(a) Location. Appropriate planting or fencing materials conforming to the provisions of this section shall be planted or installed not less than three feet from the property line of all property abutting U1 or U2 property, when such property is used for off-street parking, apartment, business, commercial or industrial uses. The owner of the more intensive use, i.e. off-street parking, apartment, business, commercial or industrial use, shall be responsible for installing and maintaining the screening required by this section.
(b) Required Completion Time. All planting or fencing required hereunder shall be completed within one year after building and grading are completed in the case of newly constructed apartment, business, commercial or industrial buildings. The planting or fencing for off-street parking areas shall be completed before any parking is permitted thereon. The Building Commissioner is authorized to conduct inspections, upon complaint, relative to the adequacy of screening for any locations described in subsection (a) hereof. The Commissioner is authorized to issue orders to the owners of the more intensive use requiring additional planting or fencing. Property owners who have been ordered by the Commissioner to install screening shall have no more than ninety days to comply.
(c) Building Commissioner's Duties; Appeals.
(1) Upon complaint, the Building Commissioner shall visit any site required to be screened under the provisions of this section. The Commissioner, after inspection and consulting with the property owner, shall determine the adequacy of the screening. If the screening is determined to be inadequate, the Commissioner may order the property owner to install adequate screening. The Commissioner shall describe to the property owner in writing the type of planting or fencing to be installed, after having given consideration to the space required to be screened, the planting area available, the density of foliage required to adequately protect abutting property owners and the height of screening necessary to minimize the disruption to the peaceful enjoyment by the occupants of the less-intensive property.
(2) At any time within ninety days of the Commissioner's order, such property owner may appeal the order to the Planning and Zoning Commission. The Commission shall conduct a hearing to review the basis for and reasonableness of the Building Commissioner's order and make a final determination related thereto.
(3) Such property owner shall complete installation of such screening within the completion time listed in subsection (b) hereof. The owner shall comply with the decision of the Commission within thirty days after its decision.
(4) In the event of an appeal to the Commission each and every day after such completion time listed in subsection (b) and paragraph (c)(3) hereof in which the ordered installation is not complete shall constitute a separate offense punishable as provided in Section 909.99.
(d) Sale of Planting or Fencing Materials by City Employees. No employee of the City or member of his or her immediate family shall purchase for or offer for sale the planting or fencing materials set forth in subsection (f) hereof to any property owner ordered by the Building Commissioner to install adequate screening hereunder.
(e) Plant and Fencing Choice Variety. The Building Commissioner shall, at his or her discretion, select appropriate plants or fencing materials to be installed by a property owner ordered to make such installation under this section. The Commissioner may require such plants and fencing materials which are commonly found in the surrounding area and which are best suited to maintaining the property. In no case shall a fence be constructed in excess of six feet high. The Commissioner may also order the fencing to face in a particular direction.
(f) Development of Vacant Land. In the event vacant property abutting a more intensive use is subsequently developed into a U1 or U2 use, the responsibility for screening shall rest solely upon the owner of the U1 or U2 property. If the more intensive use is thereafter expanded, the responsibility for screening shall then return to the owner of the more intensive use.
(Ord. 229-1989. Passed 10-16-89.)
(a) Duties; Authority.
(1) The Euclid Shade Tree Commission shall recommend tree plantings, methods to increase tree canopy, and advise on tree maintenance, tree maintenance plans, and green infrastructure. The Shade Tree Commission shall promote public interest in the reforestation and beautification of private and commercial properties within the City of Euclid.
(2) The Commission shall be authorized to propose new ordinances and make recommendations for amendments to the Codified Ordinances of the City that may, directly or indirectly, have an impact on the Commission's purposes.
(3) The Commission shall have the power to promote public awareness of the importance of a healthy tree canopy to the community, including the authority to plan and implement an annual Arbor Day celebration.
(4) The Commission may assist and recommend to Council applications for grants and financial assistance from outside sources.
(b) Membership; Terms of Office; Vacancies.
(1) The Euclid Shade Tree Commission shall consist of eight members. Seven of the members shall be appointed by the Mayor. The eighth member shall be a Council Member elected by Council. Each member of the Commission shall be a resident of the City and shall forfeit their appointment upon relocating outside of the City. Four of the appointed members shall be appointed initially for a term of two years and three of the appointed members shall be appointed initially for a term of three years. The member elected by Council shall serve a term of two years. All initial terms shall begin at their dates of appointment. All subsequent terms shall be for a period of four years.
(2) The Director of Service or their designee is expected to attend the meetings of the Commission in order to assist the Commission and provide it with information.
(3) In the event a vacancy is created in the Commission other than by expiration of a term, the unexpired term shall be filled by a new member appointed by the Mayor.
(c) Meetings. A schedule of regular meetings shall be determined by the Commission. All meetings shall be open to the public, which shall have the right to address the Commission.
(Ord. 54-1995. Passed 3-20-95; Ord. 215-2001. Passed 12-3-01; Ord. 22-2007. Passed 2-5-07; Ord. 99-2022. Passed 9-6-22.)
Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars ($500.00) or imprisoned not more than sixty days, or both, for each offense. As separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.