(A) Title. This section shall be known, and may be cited and referred to, as the Beautification Ordinance of the Village of Marble Cliff, Ohio.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMITTEE. The Beautification Committee.
PROPERTY OWNER. The person owning such property as shown by the records of the County Auditor of Franklin County, Ohio.
PUBLIC PROPERTY. Any public street, public park or any property owned or held by the Village of Marble Cliff, Ohio.
TREE. Any tree species or shrub.
TREE LAWN. That part of a street or highway, not covered by sidewalk or other paving, lying between the property line of an adjacent property owner and that portion of the street or highway usually used for vehicular traffic.
(C) Property owner's rights and responsibilities.
(1) No property owner, tenant or person in possession or control of private property shall plant or remove trees in the tree lawn bordering their property without obtaining prior approval from the Council.
(2) A property owner has the right to approve or disapprove the planting of trees, by the Council pursuant to division (D)(2)(b) below, in the tree lawn bordering his property.
(3) No property owner, tenant or person in possession or control of private property shall permit or allow any tree to continue to exist which, because of age, disease or for any other reason, has become dangerous to the health, safety and welfare of the residents of the Village. It shall be the duty and responsibility of a property owner, tenant or person in possession or control of private property bordering on any street to prune and trim the trees on his property so as to prevent the obstruction of street signs and street lights, passage of pedestrians on sidewalks, and vision of street and alley intersections. Any property owner, tenant or person in possession who fails to remove or trim such dangerous or obstructive trees upon receipt of a written order, issued by the Council pursuant to division (D)(2)(d) below, to do so, shall be deemed guilty of a minor misdemeanor.
(D) Beautification Committee.
(1) There shall be created a committee to be known and designated as the “Beautification Committee” which shall consist of three persons, at least one of whom shall be a member of the Council, who shall be appointed by the Mayor. The term of the three persons to be appointed by the Mayor shall be three years, except that the term of the members appointed to the first Committee shall be as follows: one member for three years, one member for two years and one member for one year. In the event that a vacancy shall occur during the term of any member, his/her successor shall be appointed for the unexpired portion of said term.
(2) The duties and responsibilities of the Beautification Committee shall be as follows:
(a) The Committee shall study the problems and determine the needs of the Village in connection with the planting, maintenance, removal, fertilization, pruning and bracing of trees on the tree lawns and other public property in the Village.
(b) Upon approval by Village Council, the Committee shall provide for periodic surveys, concerning the general condition, need for maintenance, care and planting of trees on tree lawns and other public property, to be conducted by professional personnel, in order to assist the Committee in making recommendations to the Village Council concerning the beautification of the Village. As a matter of Committee policy, the service of the professional survey may be made available to the property owners for inspection of trees on their private property. Upon public notice of the pending survey, any interested property owner shall notify the Beautification Committee in writing of his desire to be included in the survey.
(c) Based upon the aforementioned survey, the Committee may recommend a schedule for the periodic maintenance and planting of trees on tree lawns and other public property. Upon approval by Village Council, the Committee shall administer and implement the maintenance and planting schedule. Property owners will be given notice of the maintenance or planting of trees on the tree lawn bordering their private property. The service of the periodic maintenance may be made available to the property owners for maintenance of trees and private property. Upon public notice of the pending maintenance schedule, any interested property owner shall notify the Beautification Committee in writing of his desire to be included on the schedule. Any maintenance done on private property shall be at the property owner's expense, at the same rates paid by the Village.
(d) The Committee shall inform the Village Council of any tree which, because of age, disease or for any other reason, has become dangerous to the health, safety and welfare of the residents of the Village. The Committee shall also inform the Village Council of any tree, on private property that borders on any street, which has not been pruned or trimmed so as to prevent the obstruction of street signs and street lights, passage of pedestrians on sidewalks, and vision of street and alley intersections. In the event the Village Council is informed of the existence of one of these said conditions, the Council has the power to order said property owner to remove or trim the dangerous tree, whichever is appropriate.
(e) The Committee is strictly advisory in nature and under no circumstances shall this Committee take any affirmative action without prior approval of the Village Council.
(Ord. 0-1150-82, passed 3-21-83)