547.01 Trees defined.
547.02 Tree care and maintenance by abutting property owners.
547.03 Trimming of trees by City; responsibility of abutting property owners for costs.
547.04 Tree permits; fee.
547.05 Prohibited trees.
547.06 Location of trees.
547.07 Tree removal.
547.08 Landscape Maintenance Districts.
547.09 Protection of trees.
547.10 Emergency response by City.
547.11 Trees, bushes and shrubs located within City easements.
547.12 Weed defined.
547.13 Duty to cut.
547.14 Written notice to cut weeds.
547.15 Service of notice.
547.16 Noncompliance; remedy of City.
547.17 Written return to County Auditor; lien upon property.
547.18 Responsibility for weeds on unpaved right of way.
547.19 Responsibility for removal of vegetation on paved right-of-way.
547.98 Administration of provisions.
547.99 Penalty.
CROSS REFERENCES
Power to regulate shade trees and shrubbery - see Ohio R.C. 715.20
Notice to cut noxious weeds - see Ohio R.C. 731.51 et seq.
(a) The owner, occupant or any other person or entity having charge or management of each lot or parcel of land within the City, upon which a tree stands with any part of the tree upon or overhanging a public thoroughfare, and the owner, occupant or any other person or entity having charge or management of each lot or parcel of land abutting a public thoroughfare upon which thoroughfare and in front of which lot or parcel of land a tree stands, shall conform to the following regulations, unless the tree is within a Landscape Maintenance District:
(1) The owner, occupant or any other person or entity having charge or management of each lot or parcel of land shall trim, or cause to be trimmed, the tree so that the same shall not obstruct the free passage of light from any street light to the street, sidewalk and/or public thoroughfare.
(2) The owner, occupant or any other person or entity having charge or management of each lot or parcel of land shall trim, or cause to be trimmed, the tree so that a clear height of fourteen feet between the lowest branches of the same and the street, alley, or public thoroughfare is maintained.
(3) The owner, occupant or any other person or entity having charge or management of each lot or parcel of land shall trim, or cause to be trimmed, the tree so that a clear height of eight feet between the lowest branches of the same and the sidewalk is maintained.
(4) The owner, occupant or any other person or entity having charge or management of each lot or parcel of land shall trim, or cause to be trimmed, the tree so that a clear height of eight feet between the lowest branches of the same when the tree or branches are located within the intersection sight triangle or 50 foot of the intersection.
(5) The owner, occupant or any other person or entity having charge or management of each lot or parcel of land shall trim or remove, as the case may require, every dead, decayed or broken tree, or part thereof, so that the same shall not fall to the street, alley, sidewalk, public thoroughfare or right-of-way.
(b) No such tree, if removed from the City right-of-way, may be replaced unless the new tree meets the requirements of 547.06.
(c) When tree trimming shall require lane blockage, road closure or the tree is located within the City right-of-way, the property owner, occupant or any other person or entity having charge or management of each lot or parcel of land or contractor conducting such work shall be responsible for obtaining a right-of-way permit. This permit shall include all incidental City cost associated with such lane blockage, road closure or City administrative time.
(Ord. 01-19. Passed 1-22-19.)
In the event that the owner, occupant or any other person or entity having charge or management of each lot or parcel of land does not comply with the provisions of this section, the City Manager is authorized to enforce the provisions of this section and the right to cause to be trimmed any trees standing in violation of Section 547.02. The City shall give the property owner a minimum of ten days notice, in writing, to trim such trees, and in the event that the property owner fails to comply with the notice, the costs incurred by the City shall be paid by the property owner. If such costs are not paid, the costs shall be certified by the Finance Director to the County Auditor to be levied as an assessment. The unpaid amount shall be entered upon the tax duplicate as a lien upon such land and collected as other taxes and returned to the city.
(Ord. 01-19. Passed 1-22-19.)
(a) No person shall hereafter plant any tree in a public place or street right of way without first obtaining a written permit from the City. Permits shall also be obtained for the pruning, trimming or cutting down of trees on public streets or in public places.
(b) The cost of a permit obtained under the provisions of this chapter shall be ten dollars ($10.00). Each permit shall be valid for a period of thirty days from the date of issuance. However, such permit may be revoked by the City Manager, when it is determined that any permittee is operating in violation of this chapter.
(Ord. 01-19. Passed 1-22-19.)
The following trees shall not be used for planting along public streets or on private property so as to constitute a nuisance to any public streets, sidewalks or ways; fruit trees, box elders, Chinese elms, cottonwoods, poplars, willows, dwarf catalpa, soft maples, berry trees, horse chestnut, tree of heaven and black locust. No tree of any type shall be planted which is diseased. A list of approved trees that can be planted between the street and sidewalk is available in the City Engineering Division office.
(Ord. 01-19. Passed 1-22-19.)
In Landscape Maintenance Districts the location of trees and other landscaping shall be the responsibility of the City. In all other areas of the City, no tree shall be planted in the strip between the street and sidewalk (tree lawn) where such tree lawn is less than three feet wide. All trees planted within the tree lawn must be on the approved right-of-way street tree list maintained by the City, and must meet the sizing requirements provided on that list for the width of the tree lawn. Trees must be five feet driveways, fire hydrants and water or gas shutoff valves. No trees planted on private property shall be located less than five feet from a public sidewalk. No tree or any shrub which exceeds three feet in height shall be planted within fifty feet of any street intersection. Trees or shrubs planted within the right-of-way and located near intersections and driveways shall comply with the Engineering Standards of the City for sight distance.
(Ord. 01-19. Passed 1-22-19.)
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