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The City Forester shall be vested with the following duties and powers:
(a) To enforce or cause to be enforced the provisions of this chapter.
(b) To enforce arboricultural specifications and standards of practice generally accepted by the arboriculture trade, which shall govern the selection, planting, maintenance, production and removal of public, commercial, multi-family and single family residential trees and utilization of wood and forest products produced in the course of operation.
(c) To issue orders and permits for planting, maintenance, protection and removal of public, commercial, multi-family and single family residential trees.
(Ord. 222-01. Passed 9-4-01; Ord. 193-02. Passed 5-20-02.)
(a) No person shall plant or remove any public, commercial or multi-family residential tree in a treelawn or other public, commercial, multi-family or single family residential place without first procuring a permit from the City Forester. The person receiving the permit shall abide by aboricultural specification and standards of practice generally accepted by the arboriculture trade.
(b) No person shall make any excavation, place any fill, compact soil, or construct any building, structure, street, sidewalk, driveway, pavement or public utility within the dripline of any public, commercial, multi-family or single family residential tree without first obtaining a permit for such work. As condition of issuing such permit, the City Forester shall require that the work be done in accordance with such generally accepted aboricultural methods as may be necessary to protect the vitality of such trees.
(c) Application for permits shall be made at the office of the City Forester no less than five days in advance of the time the work is to be done. In case of emergency, the City Forester may waive this requirement. The cost for a tree removal permit shall be established in the fee schedule of Section 185.05 of the Parma Codified Ordinances. There shall be no cost for a tree planting permit.
(d) All departments of the City shall be exempt from these permit provisions subject only to the notification of City Forester of any construction project that will affect any public, commercial, multi- family or single family residential trees.
(e) No permit shall issue to remove any commercial or multi-family residential tree from a commercial, multi-family or single family residential place, unless:
(1) With respect to a vacant or undeveloped lot, the owner or his designee has first presented to the City Planning Commission, pursuant to Section 1105.02 of the Planning and Zoning Code a drawing or rendering setting forth his landscaping proposal for such lot, and such proposal has been accepted by the Planning Commission; and,
(2) With respect to a developed lot, the owner or designee obtains from the city Building Commissioner written notice that the proposed removal does not violate or conflict with any landscaping plan previously approved by the City for such lot, pursuant to the applicable provisions of the Planning and Zoning Codes.
(Ord. 222-01. Passed 9-4-01; Ord. 193-02. Passed 5-20-02.)
Except as authorized by permit issued by the City Forester:
(a) In the erection, alteration or repair of any building, structure or other work, the owner, his agent or individual contractor shall take all measures necessary to prevent injury to public, commercial, multi-family and single family residential trees.
(b) No person shall deposit, place, store or maintain upon any treelawn or public, commercial or multi-family residential place any stone, brick, sand, concrete or other materials which may impede the free passage of water, air or nutrients to the roots of any public, commercial, multi- family or single family residential tree.
(c) No person shall intentionally damage, cut, carve, transplant or remove any public, commercial or multi-family residential tree; attach a rope, wire, nails, advertising, poster or other devices to any public, commercial, multi-family or single family residential tree; allow any gaseous, liquid or solid substance which is harmful to such public, commercial or multi-family residential trees to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof will injure any portion of any public, commercial or multi-family residential tree.
(Ord. 222-01. Passed 9-4-01; Ord. 193-02. Passed 5-20-02.)
Any person affected by any order or decision of the City Forester pursuant to this chapter may request and shall be granted a hearing before the Service Director. Such appeal shall be requested in writing within ten days of the date of ruling. The Service Director shall have the power to reverse or affirm in whole or in part, or modify such order or decision when, upon presentation of evidence, it clearly appears:
(a) That the order or decision is not consistent with the provisions of this chapter; or
(b) That by reason of special condition, undue hardship shall result from a literal application of the provisions of this chapter.
(Ord. 222-01. Passed 9-4-01.)
Whoever violates or fails to comply with any provision of this chapter shall be fined not less than fifty dollars ($50.00) nor more than five thousand dollars ($5,000.00). This fine shall reflect the damage done by the person convicted. Such fines shall be paid into a fund established by the Auditor for that purpose and used solely for the purpose of enhancing the urban forest.
(Ord. 222-01. Passed 9-4-01.)