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The Board shall develop and maintain a list of tree species for use within the City’s right-of-way and public places. No species other than those included on said list may be planted as street trees or City trees without written permission of the Board. The Board shall also develop and maintain a list of spacing intervals for the various species of trees that shall determine where trees may be planted within City public places.
(Ord. A-1702. Passed 4-10-89; Ord. A-2636. Passed 2-8-10.)
(a) No street tree or City tree or private tree shall be planted closer than twenty-five feet to any street corner, measured by the point of the nearest intersections curbs or curblines. No street tree or City tree shall be planted closer than ten feet to any fire hydrant.
(b) No street tree or City tree, other than those approved by the Board may be planted under or within ten lateral feet of any overhead utility wire, or over or within ten lateral feet of any underground utility.
(Ord. A-1702. Passed 4-10-89; Ord. A-2636. Passed 2-8-10.)
(a) If an adjacent property owner or the agent of an adjacent property owner intends to plant, prune, maintain or remove a street tree or City tree, the property owner or his agent shall submit a “Public Tree Care Permit” application to the City prior to doing so. The application may be obtained from the City Street Department. There is no fee for the application process.
(b) If the adjacent property owner or his agent fails to obtain a permit provided for in Section (a) above and thereafter intentionally damages street trees or City trees, the Board shall cause such trees to be repaired, removed, removed or replaced. The cost of the repairs, removal, or replacement shall be at the owner’s expense and assessed against the adjacent land owner’s land, together with an administrative fee not to exceed one hundred dollars ($100.00) per violation.
(c) The notice and assessment process shall be identical to the process set forth in Section 905.11(b), (c) and (e).
(Ord. A-1702. Passed 4-10-89; Ord. A-2636. Passed 2-8-10.)
(a) No person shall plant, prune, cut, climb, place, or use spikes, nails, wires or any other metal, wooden, plastic or similar materials to injure any street tree or City tree or authorize or procure any persons to do so.
(b) No person shall remove or tamper with any device placed for the protection of a street tree or City tree without having first obtained a public tree care permit from the Board, or its designee.
(c) No person shall place or maintain any stone, concrete, brick or other impervious material or substance upon the ground around any street tree or City tree in such a manner as to obstruct the free access of air and water to the roots of the tree without first obtaining written permission from the Board, or its designee. Street trees or City trees surrounded by tree grates in sidewalks are excepted.
(d) No person shall alter the soil grade (i.e. add soil, mulch, etc) surrounding a street tree or City tree without first obtaining written permission from the Board or its designee.
(e) No person, firm or corporation shall intentionally damage a street tree or City tree nor shall any person plant a tree in violation of this chapter.
(f) In the event any person, firm, or corporation shall violate this section, the Board shall cause such trees or shrubs to be repaired, removed or replaced. Such repairs, removal or replacement of items shall be at the offender's expense and the costs may be assessed against the lot or land of the offender to a maximum of one hundred dollars ($100.00) per violation.
(g) After an accurate record of the expense of such repairs or removal is made by the City Arborist, notice of such assessment shall be given to the owner of the lot or land charged therewith, or his agent, either in person or left at the usual place of residence or sent by mail, and all assessments not paid within 60 days after the giving of such notice shall, after approval by Council, be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected over a five year period.
(Ord. A-2636. Passed 2-8-10.)
(a) The City shall have the right to plant, prune, maintain and remove trees, or part thereof, within City rights-of-way and public places, as may be necessary to insure public safety or to preserve or enhance the symmetry and beauty of the City rights-of-way or public places.
(b) The Board may remove, or cause or order to be removed, any street tree or City tree, or part thereof, which is in an unsafe condition or which, by reason of its nature, may become or is injurious to underground and overhead utilities or any other public improvements. The Board may also remove, or cause or order to be removed, any street or City tree that is dead, dangerous to public safety or is affected with any injurious fungus, insect or other pest.
(Ord. A-2636. Passed 2-8-10.)
It shall be unlawful as a normal practice for any person, agent or City department to perform “topping” of any street tree or City tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical, may be exempted from this section at the determination of the Board or its designee.
(Ord. A-1702. Passed 4-10-89; Ord. A-2636. Passed 2-8-10.)
(a) Height/Clearance Requirements. Trees and shrubs upon any private premises adjacent to any public street, right-of-way or a public place shall be trimmed by the adjacent property owner so that the lowest branches projecting over the public street, provides a clearance of not less than fourteen feet and over public sidewalks in City rights-of-way or over public places of not less than eight feet. The Board or its designee may waive the provisions of this section for newly planted trees if the Board determines that the subject tree(s) do(es) not interfere with public travel, obstruct the view of any public street, right-of-way or public place, obstruct the light of any street light, or endanger public health and safety.
(b) Notice of Owner's Obligations for Dead, Dangerous or Diseased Trees; Payment of Expenses Upon Non-Compliance.
(1) When the Board, or its designee determines that a private tree or shrub contains dead, dangerous or diseased limbs or main trunks which, in the opinion of the Board, constitute a non-immediate danger to the public, the Board shall cause written notice of such fact to be served upon the owner or occupant of the adjacent property, or any other person, firm, corporation or entity having the care or control of the adjacent lot or land. The notice shall be served by personal service, certified mail, (or regular mail in the event certified mail, once attempted, is returned for any reason, as being unable to be served by certified mail) and shall be addressed to the address of the owner or person or entity having charge of the lot or land based upon the address for such lot or land in the Shelby County Auditor's Office. Such notice shall order the cutting or removal of such dead, dangerous or diseased tree(s) or parts thereof within sixty days from and after the date of such written notice.
(2) If the owner, occupant or any other person, firm, corporation, or entity fails to comply with the afore-mentioned notice within the sixty day period, the City shall cause any such offending tree or shrub on private property to be cut and/or removed at the expense of the owner of such private property. Notice of the expense of such cutting, removal and the disposal incident thereto shall be given to the owner of the lot or land charged therewith, or the agent of such owner, either in person, or left at the subject property at a conspicuous place, or sent by certified or regular mail service. Payment by the owner shall be made to the City within sixty days after the date contained in such notice of expense. Any such expense not paid within such sixty day period and as approved by the Sidney City Council, shall be certified to the Shelby County Auditor to be placed on the related tax duplicate and collected over a five year period.
(c) Cutting, Trimming, Pruning, and/or Removal of Trees/Shrubs on Private Property Without Notice; Payment of Related Expenses.
(1) Cutting, trimming, pruning and/or removal of trees and shrubs on private property by the City or its contracted agent may take place without the notice referenced in paragraph (b)(1), above, under the following circumstances:
A. The City's arborist or contracted City tree representative determines that the tree or shrub, or any portion thereof is dead, or otherwise so diseased or damaged such that it constitutes an immediate danger to the safety of persons or property;
B. The tree or shrub interferes with the proper spread of light along the street from a street light;
C. The tree or shrub interferes with the visibility of any traffic control device or sign;
D. The tree or shrub obstructs the view of any street, alley or street-alley intersection;
E. The tree or shrub does not provide a clear space of either eight feet above any surface of the sidewalk or fourteen feet above the surface of a street, alley or other right-of-way; or,
F. The tree or shrub harbors insects or disease which constitutes a potential health threat or safety hazard to other trees within the City.
(2) Payment for the expenses incident to the cutting, trimming, pruning and/or removal of trees and shrubs as referenced in paragraph (c)(1), above, shall be made and collected as provide in paragraph (b)(2), above.
(Ord. A-2636. Passed 2-8-10; Ord. A-3068. Passed 11-8-21.)
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