Loading...
No owner of any tree, shrub or other plantings located between the property line and the curb line of the street shall permit any overgrowth to extend over any part of the traveled portion of the street or sidewalk. Such trees, shrubs or other plantings shall be trimmed (including removal of limbs, branches, etc.) by the owner so that the growth is not less than eight feet above the surface of the sidewalk. The owner shall also remove all dead or dangerous portions of such tree, shrub or other plantings and shall cut down and remove any tree, shrub or other plantings so located that are dead or decayed.
(1969 Code Sec. 95.20) (Ord. 06-53. Passed 10-2-06.)
(a) The Director of Public Service shall cause to be published in one newspaper in the City, sometime during the first three months of each year, a notice to property owners to trim trees, shrubs or other plantings in accordance with Section 1028.01.
(1969 Code Sec. 95.22)
(Ord. 06-53. Passed 10-2-06.)
(b) If the owner of any tree fails to comply with Section 1028.01 by May 1 of each year, or with Section 1028.04 within a reasonable time after order, the Director shall cause such work to be done, at the expense of the property owner. Such remedy shall be in addition to the penalty in Section 1028.99.
No person shall plant, set out, move, spray, brace, trim, perform surgery on, cut or otherwise disturb any tree, shrub or other planting in any public place without first obtaining a work permit from the Director of Public Service as provided for in Chapter 1022.
(Ord. 74-40. Passed 6-3-74; Ord. 06-53. Passed 10-2-06.)
The Director of Public Service may require of the owner of the abutting property the removal of all or any part of any tree, shrub or other planting, which, in his judgment, endangers the public good. No person shall fail to comply with an order made under this section.
(1969 Code Sec. 95.24)(Ord. 06-53. Passed 10-2-06.)
(a) The Director of Public Service is hereby authorized to remove or trim or cause to be removed or trimmed any tree, shrub or other plantings located upon or above a public place when such removal will be beneficial to the public health or safety or for public improvements.
(b) When in the opinion of the Director of Public Service or his or her designee, such tree, shrub or other plantings constitutes an immediate threat to public health or safety, the Director of Public Service or his or her designee is hereby authorized to immediately remove or trim or cause to be removed or trimmed the offending tree, shrub or other plantings without prior notification of the property owner. A door hanging tag shall be left on the main entry door of the premises where the immediate work has been done, if accessible. If it is determined the property owner is not the occupant of the home, a separate letter stating the nature of the work performed at no expense to the property owner shall be mailed to the property owner at his or her home address.
(c) When in the opinion of the Director of Public Service or his or her designee such tree, shrub or other plantings does not constitute an immediate threat to public health or safety, the Director of Public Service or his or her designee is hereby authorized to advise the occupant(s) of the property on which the offending tree, shrub or other plantings is located, of the need to remove or trim by placing a door hanging tag on the main entry door of the premises, if accessible. The Director of Public Service or his or her designee shall then follow up within five working days by mail notification to the property owner of the requirement for trimming or removal and the reason for such request. The property owner shall be permitted fifteen calendar days from the date of the mailed notification to comply with the requirement for trimming or removal. Should the property owner fail to comply by the end of the fifteenth (15th) calendar day, the Director of Public Service or his or her designee shall cause such work to be performed by either City of Newark personnel or by a professional service. The property owner shall be billed by the Director of Public Service, at a rate to be determined and published yearly in conjunction with Section 1028.02(a) public notification requirements.
(d) Collection methods for failure to pay any billed charges shall be governed under the laws set forth in the ORC.
(e) The Director of Public Service may, at his or her discretion, waive the requirements of 1028.05(b) and 1028.05(c) in the event the proper authorities declare a public emergency or state of emergency. In the event such an emergency is declared, the City of Newark may elect to absorb the cost of trimming or removal.
(f) If a property owner who has been notified by the manner prescribed in subsection (c) hereof objects to Traffic Control's determination that a tree, shrub or other planting located on their property constitutes a public health or public safety hazard, the property owner may appeal Traffic Control's determination to the Property Maintenance Review Committee. The property owner shall provide written notice of their appeal by mail, facsimile, hand-delivery or email to the Department of Public Service no later than the fifteenth calendar day after the date of the Department of Public Service's mailed notification sent pursuant to subsection (c) hereof. The notice of appeal shall clearly state the property owner's objection(s) to Traffic Control's determination. Failure to provide the written notice of appeal by the fifteenth calendar day waives property owner's right to appeal Traffic Control's determination. Timely received appeals shall be assigned a hearing date within thirty calendar days of the Department of Public Service's receipt of said notice. In its discretion, the Property Maintenance Review Committee may schedule a hearing date more than thirty calendar days after the Department of Public Service's receipt of the written notice of appeal. After considering the appeal and hearing applicable testimony, the Property Maintenance Review Committee shall issue an order upholding, modifying or reversing Traffic Control's determination. The Property Maintenance Review Committee's order shall be made in writing within fifteen calendar days following the hearing. The Property Maintenance Review Committee's decision shall be considered a final determination of the matter. This appeals procedure does not apply to tree trimmings or removals conducted to correct conditions posing an immediate threat to public health or public safety pursuant to subsection (b) hereof.
(Ord. 74-40. Passed 6-3-74; Ord. 06-53. Passed 10-2-06; Ord. 07-17. Passed 4-16-07.)
(a) There is hereby established a commission to be known and designated as the "Newark Tree Commission," which shall be composed of ten residents of the City. Members shall be appointed by the Mayor. The Superintendent of Parks shall be the Secretary to the Commission.
(b) The term of the ten persons to be appointed shall be three years, provided that the term of three of the members appointed to the first Commission shall be for one year and three of the members appointed to the first Commission shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
(c) Members of the Commission shall serve without compensation.
(Ord. 93-4. Passed 1-4-93; Ord. 93-10. Passed 2-16-93.)
(a) The Newark Tree Commission shall have the power to study, investigate, plan, advise, report and recommend to Council any action, program, plan or legislation which the Commission shall find or determine to be necessary or advisable for the care, selection, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs and other plantings in public ways, streets, alleys, highways and other public places.
(b) The Commission shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business. All plans, findings, advice, reports and recommendations made by the Commission shall be in writing and shall designate, by name, those members of the Commission approving or concurring therein, and members who do not so approve or concur therein shall have the right, as part of such report, to state their reasons for refusing to approve or concur.
(c) The Commission, when requested by Councilor the Mayor, shall consider, investigate, make findings, report and recommend upon any special matter or question coming within the scope of its work.
(Ord. 93-4. Passed 1-4-93; Ord. 06-53. Passed 10-2-06.)
The following trees shall not be planted on Municipally-owned property:
Acer saccharinum - Silver Maple
Acer negundo - Box Elder
Aesculus hippocastanum - Common Horse Chestnut
Ailanthus altissima - Tree of Heaven
Betula (all species) - Birch
Catalpa (all species) - Catalpa
Morus (all species) - Mulberry
Populus (all species) - Poplar
Salix (all species) - Willow
Ginkgo biloba (female species) - Ginkgo
Sorbus aucuparia - European Mountain Ash
Robinia pseudoacacia - Black Locust, Common Locust
Malus sylvestris - Common Apple
Liriodendron tulipfera - Tuliptree, Tulip Poplar
Ulmus - Moline Elm
Ulmus pumila - Siberian Elm
Populus deltoides - Eastern Cottonwood, Eastern Poplar
(Ord. 93-4. Passed 1-4-93.)
Unless specifically authorized by the Mayor or his or her designee, no person shall intentionally damage, cut, carve, transplant or remove any tree or shrub or other plantings; attach any rope, wire, nails, advertising posters or other contrivance to any tree or shrub or other plantings; allow any gaseous liquid or solid substance which is harmful to such trees or shrubs or other plantings to come in contact with them; or set any fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any tree or shrub or other plantings.
(Ord. 93-4. Passed 1-4-93; Ord. 06-53. Passed 10-2-06.)
(a) All trees, shrubs or other plantings on any street or other publicly-owned property near any excavation or construction of any building, structure or street work, shall be guarded with a good, substantial fence, frame or box, not less than four feet high and eight feet square, or at a distance in feet from the tree, shrub or other plantings equal to the diameter of the trunk in inches at chest height, whichever is greater and all building material, dirt or other debris shall be kept outside the barrier.
(b) No person shall excavate any ditches, tunnels or trenches or lay any drive within a radius of ten feet from any public tree, shrub or other plantings without first obtaining a written permit therefor from the Mayor or his or her designee.
(Ord. 93-4. Passed 1-4-93; Ord. 06-53. Passed 10-2-06.)
Loading...