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(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.)
Any tree on public or private property which is diseased or is a nuisance or a hazard to public safety, or any of the prohibited trees listed in Section 547.05 growing on public or private property which interfere with sewer lines or constitute a public nuisance or a hazard may be ordered removed by the City Manager or designee. Any tree ordered removed by the City Manager within a Landscape Maintenance District shall be the responsibility of the City. In all other areas tree removal shall be at the property owner's expense.
(Ord. 01-19. Passed 1-22-19.)
(a) The Downtown Landscape Maintenance District is described as follows: the rights-of-way of Central Avenue from Xenia Drive to Dayton Drive, and Main Street from Broad Street to Pleasant Avenue; the rights-of-way abutting City owned or leased parking lots; the rights-of-way of public streets extending 250 feet north and south of Main Street.
(b) The maintenance of all landscaping, except landscaping replacement, is the sole responsibility of the City.
(c) No person shall remove, cut, trim, groom or replace landscaping within a Landscape Maintenance District without the prior approval of the City Manager.
(Ord. 01-19. Passed 1-22-19.)
No person shall abuse trees or mutilate any tree or shrub on a public street or other public place, or attach any rope or wire, other than one used to support a young or broken tree, sign, poster, handbill or anything to such trees. Utility companies shall be responsible for keeping overhead lines from coming in contact with trees and from allowing gaseous substances to cause damage to trees.
(Ord. 01-19. Passed 1-22-19.)
(a) In the event a tree located within the right-of-way or on private property should fall into the street either partially or fully, the property owner or abutting property owner shall be responsible for all costs associated with the emergency removal by City personnel or city hired contractor. Determination of the need for immediate removal shall be at the City's discretion.
(b) All expenses incurred by the City for emergency removal, including charges for the use of hired contractors, City employees and equipment, together with an administrative fee of two hundred dollars ($200.00) 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.)
Trees, bushes and shrubs located within City utility easements may be subject to trimming and/or removal to allow for maintenance activities. In such instances, the removed trees, bushes and/or shrubs may try and be saved, but shall not be replaced by the City.
(Ord. 01-19. Passed 1-22-19.)
"Weed", as used in this chapter, includes, but is not limited to, the following: any brush, and all briars, thistles, burdock, dock, coclebur, wild mustard, jimpson weed, dog's fennel, lamb's quarters, plantain, wild carrot, wild parsnip, horseweed, white or yellow sweet clover, velvet leaf, common mallow, ironweed, poison ivy and teasel. In addition, grass of a height of 25.4 centimeters or 10 inches or more shall be deemed a "weed" under this definition, as shall all vegetation constituting a threat to the public health, safety or welfare.
(Ord. 23-19. Passed 5-6-19.)
(a) All noxious weeds and vegetation growing, lying, or located on any land within the City of Fairborn are hereby declared to be a public nuisance per se.
(b) The owner, occupant or any other person or entity, having charge or management of any lot or lands situated within the City greater than one acre shall cut down and remove all weeds which are within 150 feet of any adjacent developed lot or land and/or street right-of-way, and all lots or lands of one acre or less shall be kept mowed in their entirety, during the period from April 1 through November 15 each year.
(Ord. 01-19. Passed 1-22-19.)
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