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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.)
(a) All protected trees removed in accordance with this chapter shall be replaced using the cost replacement formula set forth in subsection (d) hereof. The City Forester shall list the replacement standards on the permit. As many trees of equivalent value shall be replaced.
(b) Any tree removed without a permit must be replaced with as many trees of equivalent value (not necessarily the same species). All replacement trees shall be a minimum 1 ¾" caliper and shall be no more than 10" caliper unless an approved plan by the City Forester indicates otherwise. All replacement trees shall be of a species listed in the master street tree plan, or approved by the City Forester, and in conformance with ANSI Z60.1, nursery stock standards.
(c) Where the replacement of trees is not feasible or possible and/or not applicable, the equivalent value of the trees, as well as projected costs for installation and maintenance, will be assessed. All fees collected will be placed in the Shade Tree Trust account.
(d) The cost replacement formula shall be a fee of thirty-five dollars ($35.00) for every inch of trunk (measured in circumference) that was damaged and/or removed. To determine the circumference of the trunk, measure at a height of two feet (2') above grade. The measured circumference of the trunk in inches shall be equivalent to the dollar amount of the damages collected times thirty-five dollars ($35.00). Example: a tree measures six inches (6") in circumference equals six inches (6") (of trunk) x $35.00 = $210.00 in fees collected.
(Ord. 50-04. Passed 4-12-04.)
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