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It shall be unlawful for any person to hinder, obstruct or otherwise interfere with the agents or employees of the city while they are engaged in carrying out the provisions of this subchapter.
(Prior Code, § 5-5-12) (Ord. 652, passed 4-2-2007) Penalty, see § 93.999
No persons shall engage in the practice of tree trimming or removal for compensation in the city unless licensed pursuant to this section. A license will be issued by the City Clerk upon submission of a written application on forms obtained from the Clerk, which application must be approved by the Parks and Recreation Director, and upon fulfilling the fee, bonding and insurance requirements as specified herein. The licensing period shall be from February 1 to January 31. A commercial tree trimmer’s license may be applied for and issued to a business entity and, when so issued, shall cover all employees of the entity. Utility companies shall be exempt from the requirements of this section. Persons performing a contract with the city shall be exempt from the requirements of this section as to the trimming and removal of trees.
(A) Fee. The license fee for a tree trimmer’s license for the licensing period, or any part thereof, shall be $50.
(B) Surety bond. A surety bond in the amount of $2,000 must be filed in favor of the city. Such bond must run throughout the licensing period and shall be conditioned upon the faithful performance of all obligations required by ordinance, rules or regulations of the city.
(C) Insurance. Any person licensed as a commercial tree trimmer must file proof of liability insurance in the amount of $1,000,000 per occurrence and $2,000,000 aggregate liability with the City Clerk. The certificate must state that there is no exclusion for tree trimming, pruning and removal. The licensee must agree, in writing, on forms provided by the Clerk to hold the city harmless from any and all damages claimed by reason of negligence, incompetence or omission on the part of such person in the performance of their work.
(D) Training and experience. The application shall include a statement of the applicant’s training and experience in the field of arboriculture sufficient to establish, to the satisfaction of the Parks and Recreation Director, that the applicant has sufficient training and experience to warrant the issuance of the license. The application shall include a certification that the applicant has received not less than three hours of arboriculture continuing education in the previous 12 months.
(E) Notice of violations. Whenever it appears to the Director that any licensee has created or maintained any condition that is dangerous, unsafe, unsanitary or a menace to life, health or property, or has done business without proper license or permit, the Director may mail or personally deliver an order, in writing, to the licensee directing the licensee to correct the defect or omission within 20 days from the receipt of the notice. Non-compliance may result in revocation of a commercial tree trimmer’s license.
(F) Cleanup. Each licensee shall promptly clean up the work site and dispose of all tree trunks, limbs, branches, twigs or brush.
(Prior Code, § 5-5-13) (Ord. 652, passed 4-2-2007; Ord. 688, passed 5-18-2009; Ord. 765, passed 7-7-2014; Ord. 791, passed 10-19-2015) Penalty, see § 93.999
(A) Any property owner or applicant for a permit pursuant to the provisions of this subchapter who is aggrieved by the decision of the Director may appeal the decision to the City Council. An appeal shall be filed in writing and must be actually received by the city not later than 30 days after the action or decision appealed.
(B) The appeal shall be heard by the Council in an informal proceeding. The appellant shall be provided reasonable opportunity to submit written and oral support for the appellant’s position. The Council shall issue a written decision within 30 days of the hearing on the appeal.
(C) Failure to properly exhaust the administrative remedy provided in this section shall constitute a bar to judicial relief.
(Prior Code, § 5-5-15) (Ord. 652, passed 4-2-2007)
ABANDONED PERSONAL PROPERTY
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED PROPERTY. Any personal property which has been left unattended on or in public property within the city for a continuous period of 48 hours or more.
(Prior Code, § 6-7-2) (Ord. 316, passed 4-15-1985)
The Police Department may cause to be removed and impounded any abandoned property which impoundment shall be in a city owned storage area or privately owned storage area as designated by the City Council or the Chief of Police.
(Prior Code, § 6-7-3) (Ord. 316, passed 4-15-1985)
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