(a) Pruning Obstructions.
(1) It shall be the duty of any person or persons owning or occupying real estate bordering on any street upon which property there may be trees to prune such trees in such a manner that they will not obstruct or shade the street lights, obstruct the passage of pedestrians on sidewalks, obstruct vision of traffic signs, or obstruct the view of any street or alley intersection. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The minimum clearance of any overhang portion thereof shall be ten (10) feet over sidewalks, and twelve (12) feet over all streets except truck thoroughfares which shall have a clearance of sixteen (16) feet.
(2) Notice to Prune. Should any person or persons owning real estate property bordering on any street fail to prune trees as herein provided, the City Manager or designee shall cause a written notice to be served upon the upon the owner of the land, or upon the lessee, agent or tenant having charge of such land, notifying him or her to prune such trees within ten (10) days after service of the notice. If the owner or other person having charge of such lands is a nonresident whose address is unknown, it shall be sufficient to publish such notice in a newspaper of general circulation in the municipality.
(3) Removal by Municipality. In the event the owner does not prune trees as directed, the City Manager or designee shall cause the pruning of said trees.
(4) Assessment of Costs. Whenever trees are pruned by the Village, the Village shall give thirty (30) days notice, by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such pruning, which notice shall be accompanied by a statement of the cost incurred.
(5) Delinquent Costs. In the event the costs assessed to prune the trees is not paid within thirty (30) days after the mailing of said notice, the Municipal Auditor or designee shall cause such amount to be certified to the Auditor of Highland County as a lien upon the real property. Such remedy shall be in addition to the penalty provided for in Section 1107.29.
(b) Hazardous Trees.
(1) It shall be the duty of any person owning or occupying real estate bordering on the right of way upon which there are any trees which are designated by the Tree Commission as dead, dying, diseased or hazardous or deemed a menace to the health, safety, and welfare of the residents of Greenfield, to remove or cause to be removed said tree(s) and/or shrub(s). All stumps shall be removed below the ground surface so that the top of the stump shall not project above the surface of the ground. The Municipality or its designee has the authority to enter onto any property within the Municipality to determine if a tree is a hazard to the public health, safety and welfare.
(2) Notice to Remove. Should any person or persons owning real estate property bordering on any street fail to remove the hazardous trees or shrubs as herein provided, the City Manager or designee shall cause a written notice to be served upon the upon the owner of the land, or upon the lessee, agent or tenant having charge of such land, notifying him or her to remove such trees within twenty-one (21) days after service of the notice. If the owner or other person having charge of such lands is a nonresident whose address is unknown, it shall be sufficient to publish such notice in a newspaper of general circulation in the municipality.
(3) Removal by Municipality. In the event the owner does not remove the hazardous trees or shrubs as directed, the City Manager or designee shall cause the removal of said trees.
(4) Assessment of Costs. Whenever trees are removed by the Village, the Village shall give thirty (30) days notice, by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such removal, which notice shall be accompanied by a statement of the cost incurred.
(5) Delinquent Costs. In the event the costs assessed to remove the trees or shrubs is not paid within thirty (30) days after the mailing of said notice, the Auditor or designee shall cause such amount to be certified to the Auditor of Highland County as a lien upon the real property. Such remedy shall be in addition to the penalty provided for in Section 1107.29.
(c) Village Removal of Trees.
(1) The City Manager or designee may remove or cause to be removed, any trees or parts thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, or other public improvements.
(2) The City Manager or designee shall examine or cause to be examined every tree within 100 feet of any sanitary or storm sewer, drain, manhole, or other public utility line above or below the surface of the ground, which has been reported as dangerous to or causing interference with said sewer, drain, manhole or public utility line, and if found dangerous or causing damage or obstruction of such sewer, drain, manhole or public utility line, he shall give the property owner written notice of their findings and an order that such person remove said tree or injurious part thereof at the owner's expense.
(3) Notice to Remove. Should any person or persons owning real estate property bordering on any street fail to remove the trees or injurious part thereof as identified in section (b) herein, the City Manager or designee shall cause a written notice to be served upon the upon the owner of the land, or upon the lessee, agent or tenant having charge of such land, notifying him or her to remove such tree or injurious part thereof within forty-five (45) days after service of the notice. If the owner or other person having charge of such lands is a nonresident whose address is unknown, it shall be sufficient to publish such notice in a newspaper of general circulation in the municipality.
(4) Removal by Municipality. In the event the owner does not remove the tree or injurious part thereof as directed, the City Manager or designee shall cause the removal of said tree or injurious part thereof.
(5) Assessment of Costs. Whenever a tree or injurious part thereof is removed by the Municipality, the Municipality shall give thirty (30) days notice by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such removal, which notice shall be accompanied by a statement of the cost incurred.
(6) Delinquent Costs. In the event the costs assessed to remove the tree or injurious party thereof is not paid within thirty (30) days after the mailing of said notice, the Auditor or designee shall cause such amount to be certified to the Auditor of Highland County as a lien upon the real property. Such remedy shall be in addition to the penalty provided for in Section 1107.29.
(d) Tree Removal.
(1) Municipality Removal. Whenever it is necessary to remove a tree from a tree lawn in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley or highway used for vehicular traffic, the Municipality shall replant such trees, or replace them; provided, that funds are appropriated for the replacement by Council and the replacement may be satisfied if an equivalent number of trees of the same size and species are provided for by the Tree Commission are planted in an attractive manner on the adjoining property.
(2) Owner Removal. No person or property owner shall remove a tree from the tree lawn for the purpose of construction, or for any other reason without first filing an application and obtaining a permit from the City Manager or designee and without replacing the removed tree. Such a replacement shall meet the standards of size, species and placement as provided for in a permit issued by the City Manager or designee. The person or property owner shall bear the cost of removal and replacement of all trees removed.
(3) Whenever trees are replaced by the Municipality, the Municipality shall give thirty (30) days notice by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such removal, which notice shall be accompanied by a statement of the cost incurred. In the event the costs assessed to remove the tree or injurious party thereof is not paid within thirty (30) days after the mailing of said notice, the Municipal Auditor or designee shall cause such amount to be certified to the Auditor of Highland County as a lien upon the real property. Such remedy shall be in addition to the penalty provided for in Section 1107.29.
(e) Permit.
(1) Issuance. No person shall remove, injure, destroy, disturb, or undertake any procedure which is likely to cause the death or substantial destruction of any tree located in the tree lawn without first procuring a tree removal permit from the Municipality. Tree removal permits authorizing the removal of a tree located in the tree lawn may be issued by the City Manager or designee for the following reasons:
i. The tree is dead or dying;
ii. The tree is affected with any injurious disease, fungus, insect or other pest;
iii. The tree is damaged or injured to the extent that it is likely to die or become diseased; or constitutes a hazard to persons or property; and/or
iv. The City Manager believes the tree should be removed as part of a comprehensive construction/building/development plan whereby new and additional trees will be installed.
(2) Receipt of Tree Removal Permit. Upon receipt of a tree removal permit, the permittee:
i. May remove the tree(s) as provided in the permit;
ii. Shall replace the tree removed if it was damaged or injured by other than natural causes;
iii. Shall replace the tree if it was removed without a tree removal permit, or there is a violation of the tree removal permit;
iv. Is encouraged to replace the tree if it was diseased, dead or dying from natural causes.
v. Application for Tree Removal Permit. The application for a tree removal permit shall contain:
vi. Name and address of applicant;
vii. Address of property where treelawn tree(s) sought to be removed is located;
viii. A written statement indicating the reason for removal of the tree;
ix. Name and address of contractor or other person who is proposed as having responsibility for tree removal;
x. A statement of the plan for replacement including types of replacements if varies from tree removed and location of proposed replacements.
xi. A report from a certified arborists if required by the Village; and
xii. A tree removal permit fee of ten dollars ($10.00).
(f) Construction Activities.
(1) Protective Fencing. The owner shall be responsible for the construction, erection, and maintenance of temporary fencing or other physical barrier around the treelawn so that all treelawn trees shall be preserved. The fencing and other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet, whichever is greater, unless otherwise approved by the City Manager or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the treelawn area. Any change to the protective fencing must be approved by the City Manager or designee.
(2) Construction Measures. During all phases of construction, all steps necessary to prevent the destruction or damage to treelawn trees (other than those specified to be removed) shall be taken, including but not limited to the following:
i. No construction activity, movement and/or placement of equipment, vehicles or materials or spoils storage shall be permitted within the treelawn area. No excess soil, additional fill, liquids, or construction debris shall be placed within the critical root zone of any tree that is in the treelawn.
ii. All required protective fending or other physical barrier must be in place around the treelawn area and approved by the Municipality prior to the beginning of construction, including site clearing. The fencing or other protective barrier must be located a distance from the trunk that equals, at a minimum, the distance of the critical root zone or fifteen (15) feet, whichever is greater, unless approved by the City Manager or designee. The fencing or other physical barrier must remain in place and be secured in an upright position during the entire construction period to prevent impingement of construction vehicles, materials, spoils, and equipment into or upon the treelawn area. Any change in the protective fencing must be approved by the City Manager or designee.
iii. No attachments, including but not limited to ropes, nails, advertising posters, signs, fences or wires (other than those proposed for bracing, guying or wrapping) shall be attached to any trees in the treelawn;
iv. No gaseous liquids or solid substances which are harmful to trees shall be permitted within the treelawn area;
v. No fire or heat shall be permitted within the treelawn area;
vi. Unless otherwise authorized by the tree removal permit, no soil is to be removed from or placed upon the critical root zone of any tree that is to remain; and
vii. Every effort shall be made to protect existing treelawn trees during the placement of utility service lines including augering and/or jackings opposed to open cutting as appropriate.
(3) Compliance. It shall be unlawful for any person, firm or corporation, including public utilities, to fail to abide by the terms of any tree removal permit issued by the Municipality. If, in the opinion of the Municipality, the necessary precautions as specified herein and in the permit were not undertaken before construction commenced or are not maintained at any time during construction, a stop work order will be issued by the Village until such time as the permittee complies with these precautions.
(g) Emergencies.
(1) In order to avoid danger or hazard to persons or property, during emergency conditions requiring the immediate cutting or removal of a treelawn tree(s), a tree removal permit will be issued by the Village without formal application. The Municipality may proceed to remove any tree deemed dangerous or hazardous to persons or property during emergency conditions requiring the immediate cutting or removal of a treelawn tree.
(2) In the event of such an emergency, it shall be lawful to proceed with cutting of the tree or trees to the extent necessary to avoid immediate danger or hazard. In the event the person causing the cutting shall report the action taken to the City Manager or designee within forty-eight (48) hours hereof.
(h) Appeals. Any aggrieved property owners may appeal in writing to the Board of Zoning Appeals any decision made by the Village or Commission under the provisions of this Section. A written appeal shall be filed with the Municipal Clerk within ten (10) days of the decision by the Village or the Commission. The Board of Zoning Appeals shall have a maximum of sixty (60) calendar days from receipt of an appeal to hold a hearing, consider the appeal, and make a decision on the appeal.
(i) Interpretation/Severability. Whenever the requirements of this Section conflict with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the higher standards, shall govern. Should any section of this Section be declared by the Courts to be unconstitutional or invalid, such decision shall not affect the validity of this Section as a whole, or any part thereof other than the part so declared to be unconstitutional or invalid.
(j) Penalties. Any person, firm or corporation violating or failing to comply with any provision of this Section shall be fined not less than twenty-five dollars ($25.00) nor more than one thousand dollars ($1,000.00) or imprisoned not more than sixty (60) days, or both.
(Ord. 32-2020. Passed 1-19-21.)