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(a) APPLICANT. Any person desiring or required to submit a permit application.
(b) CALIPER. The diameter of a tree trunk measured six inches (6") from the ground; if caliper is greater than four inches (4"), the measurement is taken at twelve inches (12") from the ground.
(c) CANOPY. The portion of the tree foliage from the lowest branch to the topmost part of the tree; synonymous with crown.
(d) CRITICAL ROOT ZONE. The area of root space that is within a circle circumscribed around the trunk of a healthy tree using a radius of one foot (1') per inch of trunk diameter (DBH).
(e) DBH (Diameter Breast Height). The diameter of a tree trunk measured at a point four and one-half feet (4 ½') from the ground.
(f) HAZARDOUS TREE. Any species of tree or part thereof, which is in danger of falling due to decay, rot, or any other reason, or any tree which contains any disease or insects which can spread to other trees.
(g) LIVING FENCE. A row of closely planted shrubs or low growing trees forming a boundary or enclosure or any combination of such materials forming a boundary or enclosure.
(h) PROPERTY OWNER. Any person that owns or controls property in the City. The tenant of a property may be the designated person responsible for the care of the tree lawn trees.
(i) PROTECTED TREE. The following trees are included:
(1) Trees located on public properties with a DBH greater than or equal to two inches (2").
(2) Trees located within a conservation easement/private tree preservation area with a DBH greater than or equal to ten inches (10").
(j) PUBLIC PROPERTY. Example of this would include street rights-of-way, cemeteries, firehouse properties, parks, and any other publicly owned property.
(k) PUBLIC TREE or STREET TREE. All trees located on public property.
(l) PREVENTATIVE ARBORICULTURE. Tree care practices and techniques incorporating strategies designed to prevent problems from occurring on trees in urban and suburban landscapes.
(m) PRIVATE TREE. A tree with its trunk located on private property.
(n) REGULATE. The process of evaluating public trees to determine what actions should be taken to improve plant health, reduce risk, or any activity that anticipates or involves the actual or likely damage or removal of a protected tree.
(o) SHADE TREE TRUST ACCOUNT. An account established to preserve the urban forest and plant trees that were removed.
(p) TOP OR TOPPING. A non-approved pruning technique that exploits and compromises the health and vitality of a tree by excessively cutting the upper portion of a tree.
(q) TREE CARE STANDARDS. For tree planting, care and arboricultural operations, refer to American National Standards Institute:
(1) Safe Working practices: ANSI Z133.1-2000
(2) Pruning Trees & Shrubs ANSI A300-2001 Part One
(3) Fertilization: ANSI A300-1998 Part Two
(4) Nursery Stock: ANSI Z60.1
(r) URBAN FOREST. The collection of trees, shrubs and other woody vegetation that makes up the urban tree canopy.
(Ord. 50-04. Passed 4-12-04.)
(a) The City of Medina shall have jurisdiction over and regulate all street trees, shrubs, and other plantings now or hereafter in any park, cemetery, public right-of-way or easement, or other public place within the City limits, and shall have the power to plant, care for, maintain, remove, and replace such trees, shrubs and other plantings. Private plantings encroaching into the public right-of-way shall be subject to these rules and regulations set forth hereinafter as part of this chapter.
(b) Nothing contained in this section shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on the owner's property or under their control or in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the City.
(c) No person, unless authorized by the City Forester, shall plant, transplant, remove, cut, trim, or prune any public tree or shrub. It is prohibited to use or allow any herbicides, toxic chemicals or petroleum substances to seep, drain or to be emptied upon or about any public tree nor allow any gaseous liquid or solid substance which is harmful, to come into contact either directly or indirectly with any public tree. It is prohibited to attach wires, nails, screws, thumbtacks or staples to a public tree.
(d) No person shall recklessly cause harm or damage to a public tree or shrub.
(e) No person shall intentionally cause harm or damage to a public tree.
(f) It is the duty of all persons owning or occupying any land within the City to keep their private trees, which extend over or into any public right-of-way, trimmed so as to remove any foliage encroaching into space above a street to a height of thirteen feet (13') from the surface of the street; and to a height of eight feet (8') above the surface of the right-of-way area.
(g) No person, firm or corporation shall interfere with the City Forester or persons acting under the Forester's authority while engaged in any activity related to forestry on public property.
(h) Any public utility company, contractor or private company shall obtain a permit from the City Forester before performing any maintenance or repair work on public property with respect to overhead or buried utilities which could cause injury to public trees.
(i) The City Forester may give advice without charge to property owners on the choice of species, proper planting techniques, and proper maintenance practices for trees on private property in order to provide direction and compliance with the provisions of this chapter.
(j) Where sidewalk or curb damage arises due to tree roots, every reasonable effort shall be made to correct the problem without removing or damaging the tree.
(k) The City may limit the planting of a species or develop a list of approved species for specific uses.
(Ord. 50-04. Passed 4-12-04.)
(Ord. 50-04. Passed 4-12-04.)
(a) The City Forester shall issue provisional permits to applicants to regulate the following:
(1) Any activity that anticipates or involves the actual or likely damage of a public tree.
(2) Any activity that involves the actual removal of a public tree.
(3) Any construction activity adjacent to street trees.
(4) Sidewalk and curb replacement.
(b) Approval of a permit request will be granted upon meeting the following conditions:
(1) The applicant has established to the City Forester's satisfaction that there is need for the proposed work on the tree.
(2) The applicant has established to the City Forester's satisfaction that the persons who are to perform the work are qualified to do so.
(3) The full cost of removal and replacement shall be borne by the applicant if the permit requires any removal of a protected tree.
(4) The City Forester may impose conditional requirements with respect to any permit granted pursuant to this section as deems necessary.
(c) Permit applications should be made at least five (5) working days before the intended activity. Permits shall be valid for a period of forty-five (45) days after the date of issuance. (Ord. 50-04. Passed 4-12-04.)
Landscape requirements shall be in accordance with Section 1109.02(b) of the Zoning Code.
(Ord. 50-04. Passed 4-12-04.)
The City Forester, with the advice and participation of the Shade Tree Commission, shall maintain an Urban Forest Management Plan. This management plan will use national standards for proper tree care practices, pruning and removing techniques, safety and intervention. (Ord. 50-04. Passed 4-12-04.)
For the purposes of this Chapter, the following conditions occurring on privately owned or controlled property are declared to be public nuisances:
(a) Any tree the Service Director or City Forester determines to be diseased and/or hazardous and is apt to fall in whole or in part across any street, sidewalk or public place.
(b) Any grass or weeds in excess of eight inches (8") in height on any lot, whether improved or unimproved.
(c) Any shrub, bush, "living fence" and/or hedgerow exceeding three feet (3') in height located within twenty-two feet (22') of an intersection of two (2) or more sidewalks. Distance will be measured from the point of intersecting sidewalk lines. Where no curbs exist, measurement will be from the point where the sidewalk would intersect if it were to be installed.
(d) Any non-woody or woody perennial plant growing on private property or any portion thereof, encroaching into any public street, sidewalk, alley, or restricting the flow of traffic or visibility of such public property shall be trimmed back as follows:
(1) Non-woody plants shall have a minimum clearance of one foot (1') from the inside edge of the sidewalk and a maximum height of three feet (3').
(2) All woody perennials shall have a minimum clearance of thirteen feet (13') from the surface of the street; a minimum clearance height of eight feet (8') above the surface of any public right-of-way; and minimum clearance of one foot (1') from the inside edge of the sidewalk.
(e) Broken glass, stumps, roots, filth, garbage, trash, debris, motor vehicle parts, boat or trailer parts, or parts thereof, in a condition of disrepair or deterioration.
(f) The City may from time to time conduct tests, analyses, and inspections as the Service Director or City Forester deems necessary to determine the existence of a public nuisance and/or diseased or hazardous tree throughout the City. All such tests, analyses, and inspections shall be at the sole cost and expense of the City. (Ord. 50-04. Passed 4-12-04.)
(a) It shall be unlawful for any person to keep, maintain, possess, or permit a public nuisance or diseased or hazardous tree that is apt to fall in whole or in part across any street, sidewalk or public place.
(b) No owner, occupant or person having the charge or management of any lot or parcel of land situated within the Municipality, whether the same is improved, vacant, or occupied, shall permit noxious weeds, grass, vines or any deleterious growth exceeding a height of six inches (6") upon any such lot or parcel of land within one hundred feet (100') of any public or private roadway, or within one hundred fifty feet (150') of any residential dwelling, building or cemetery. Permitting the growth of noxious weeds, grass, vines or any deleterious growth exceeding a height of six inches (6") as set forth hereinabove shall be deemed to be a public nuisance.
(c) Notice of Public Nuisance: Whenever a public nuisance is found to exist, the Service Director and/or his designee shall cause written notice by registered mail of such nuisance to be served upon the owner, lessee, agent or tenant having charge of the property where the nuisance is found, and shall order the owner and/or occupant to abate the nuisance within ten (10) days after service of the notice. If the notice is returned or refused, it shall be sufficient to publish such notice once in a newspaper of general circulation in the County. One notice per calendar year shall be considered notice for the entire calendar year.
(d) Notice of Diseased or Hazardous Tree: Whenever a diseased or hazardous tree is found to exist, the Service Director and/or his designee shall cause written notice by registered mail of such diseased or hazardous tree to be served upon the owner, lessee, agent or tenant having charge of the property where the diseased or hazardous tree is found, and shall order the owner and/or occupant to abate the nuisance within thirty (30) days after service of the notice. If the notice is returned or refused, it shall be sufficient to publish such notice once in a newspaper of general circulation in the County.
(e) Failure to Comply. If the nuisance is not abated within the time specified in the notice, the Service Director or his designee shall cause such nuisance to be cut or destroyed by use of City employees and equipment or by the hiring of private contractors, and all expenses shall be billed to the owner.
(1) If the work has been done by employees of the City, the entire cost shall be arrived at by multiplying the time expended by the employee at the same hourly rate of the employee's wages or salary and the equipment charge plus fifteen percent (15%) as a reasonable charge to pay for service of notice, inspection, supervision and other incidentals.
(2) If the work has been done by a private contractor, fifteen percent (15%) shall be added to the contract cost as a reasonable charge to pay for service of notice, inspection, supervision and other incidentals.
(f) Collection of Costs. The City shall notify the owner, lessee, agent or tenant having charge of the land of the costs by mailing a bill by ordinary mail. If the bill is not paid in full within thirty days from the date of the mailing of the notice, the Clerk of Council may take the necessary steps to collect the costs by certifying the amount due to the Medina County Auditor to be placed on the tax duplicate for payment and collection as other taxes.
(g) Owner Defined. For the purposes of this section, the real estate owner and the address of the real estate owner shall be deemed to be the individual(s) or entity listed on the on Medina County records as the individual(s) or entity who is the current owner of the real estate upon which the nuisance exists or source of such nuisance is located.
(Ord. 104-16. Passed 7-11-16.)
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