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(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.