557.01 Definitions.
557.02 Trimming of trees and shrubs adjacent to streets.
557.03 Trimming of trees and shrubs on private property.
557.04 Removal of trees on private property.
557.05 Notice to remedy condition.
557.06 Failure to comply.
557.07 Costs to remedy.
557.08 Collection of costs.
557.99 Penalty.
CROSS REFERENCES
Authority to regulate trees and shrubs on public grounds - see Ohio R.C. 715.20
Municipal weed control procedures - see Ohio R.C. 731.51 et seq.
Destruction of shrubs, trees or crops - see GEN. OFF. 541.06
Weeds and litter - see GEN. OFF. Ch. 559
As used in this chapter:
(a) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
(b) “Street” or “highway” are synonymous and mean the entire width of every public way, easement or right-of-way, between the property lines, when any part thereof is open to the use of the public for the purpose of vehicular and/or pedestrian traffic, and includes alleys.
(c) “Public property” shall include all other grounds owned by the City of Galion, including parks.
(d) “Property line” means the line between the outer edge of a street or highway and the abutting real estate.
(e) “Treelawn” means that part of a street or highway, lying between the property line and that portion of the street or highway usually used for vehicular traffic. This definition includes curb strips, but also any other unpaved street right-of-way, whether or not a sidewalk is present, and regardless of a sidewalk’s location.
(f) “Public trees” shall include all shade and ornamental trees now or hereafter growing on any street or on any public property.
(g) “Property owner” means the person owning real property as shown by the County Auditor’s Plat of the City of Galion, Crawford County, Ohio, including the executor, administrator, or beneficiary of the estate of a deceased owner.
(h) “Tree” means a tall growing woody plant with one or more perennial main stems or trunk which develops branches from the aerial section of the stem rather than the base; capable of being pruned to provide at least six feet of clear branchless trunk below the crown within five years of planting.
(i) “Shrub” means a low growing woody plant with one or several perennial main stems producing branches, shoots, or multiple stems from or near the base of the plant and incapable of being pruned to provide at least six feet of clear branchless trunk within five years of planting. (Ord. 95-6134. Passed 4-25-95.)
(a) The owner of every lot or parcel of land within the City upon which a tree, plant or shrub stands with any part thereof upon or overhanging a public street, alley or sidewalk, which area includes the treelawn, or being found to have an infection, shall conform to the regulations herein provided; otherwise, such tree, plant or shrub is deemed a nuisance and the City shall cause such trees, plants and shrubs to be trimmed or cut down and removed in accordance with such regulations and assess the costs thereof against the owner of such lot or parcel of land.
(1) The owner shall trim or cause to be trimmed such tree, plant or shrub so that a clear height of eight feet between the lowest branches of the same and the street or sidewalk is maintained.
(2) The owner shall trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrub, or part thereof, so that the same shall not fall to the street or sidewalk.
(3) The owner shall trim or cause to be trimmed any tree, plant or shrub in such a manner that it will not obstruct or shade street lights or obstruct vision of traffic signs or signals.
(4) The owner shall cut down and remove any tree, plant or shrub, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles, or pedestrians using such street or sidewalk.
(b) The Mayor or his designee is authorized to inspect any tree, plant or shrub which is suspected of being infected, diseased or dead and which is regulated by this section.
(Ord. 95-6134. Passed 4-25-95.)
The owner of every lot or parcel of land within the City upon which a tree, plant or shrub stands and which is damaging, interfering with or obstructing any sanitary sewer, storm sewer, manhole, catchbasin, drain, electric power lines, gas lines, water lines, or other public improvements shall cause such tree, plant or shrub to be trimmed, or cut down and removed so as to eliminate such damage, interference or obstruction and abate such nuisance condition. The Mayorr or his designee is authorized to enter upon the property and examine any tree, plant or shrub within one hundred feet of any sanitary or storm sewer, manhole, catchbasin, drain, electric power line, gas line, water line, or other public improvement for purposes of this section.
(Ord. 95-6134. Passed 4-25-95.)
The owner of every lot or parcel of land within the City upon which a dead or diseased tree stands, when such tree constitutes a hazard to life or property or constitutes a threat to the lasting health of other trees in the City, shall cause such tree to be removed so as to abate such nuisance condition. The Mayor or his designee is authorized to enter upon such property and examine any tree suspected to be dead or diseased. (Ord. 95-6134. Passed 4-25-95.)
(a) For a violation of Section 557.02
or 557.03
which require that a tree, plant or shrub be trimmed, the Mayor or his designee shall issue a notice of violation to the owner and, if different and known, upon the agent or lessee having charge of or responsibility for such lot or parcel of land at the last known address by certified mail, return receipt requested, and order that such condition be remedied within fifteen days after service of the notice.
(b) For a violation of Section 557.02, 557.03 or 557.04 which require that a tree, plant or shrub be removed, the Mayor or his designee shall issue a notice of violation to the owner, and if different and known, upon the agent or lessee having charge of or responsibility for such lot or parcel of land at the last known address, by certified mail, return receipt requested, and order that such removal be completed within thirty days after service of the notice.
(c) If the certified letter is returned marked “refused” or “unclaimed” , the service of the notice and order shall be effected by ordinary mail to the same address. In such case, the period to remedy the condition shall commence upon date of mailing of the letter.
(d) If the address of the owner, agent or lessee having charge of or responsibility for such lot or parcel of land is unknown and cannot with reasonable diligence be determined, it is sufficient to publish the notice once in a newspaper of general circulation in the City. In such case the period to remedy the condition shall commence upon the publication of such notice.
(e) Every notice under this section shall state that if the order is not complied with before expiration of the time period established therein, in addition to the penalty provided in Section 559.99, the costs incurred by the City in trimming and/or removing such tree, plant or shrub may, if not paid, will be certified to the County Auditor and entered upon the tax duplicate for collection and will be a lien upon such lot or land. (Ord. 95-6134. Passed 4-25-95.)
In the event the tree, plant or shrub, or any part thereof, is not trimmed and/or removed in compliance with the notice and the provisions of this chapter, the Mayor or his designee shall cause such tree, plant or shrub, or part thereof, to be trimmed or removed, and for such purposes he may use City forces or employ the necessary labor to carry out the provisions of this chapter. All expenses of labor and costs incurred shall, when approved by the Mayor, be paid out of City funds appropriated to cover this expense.
(Ord. 95-6134. Passed 4-25-95.)
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