905.01 Definitions.
905.02 Duty of the property owner.
905.03 Removal by Village.
905.04 Village responsibility.
905.05 Trees prohibited on public property and tree lawn.
905.06 Abuse or mutilation of public trees.
905.07 Placing materials on public property.
905.08 Planting and maintenance of treelawns.
905.09 Trees in new subdivisions.
905.10 Tree spacing.
905.11 Distance from curb and sidewalk.
905.12 Distance from the street corners and fire hydrants.
905.13 Utilities.
905.14 Adoption of rules.
CROSS REFERENCES
Tree Commission - see ADM. Ch. 143
(a) “Person” means any person, firm, partnership, association, corporation, company or organization of any kind.
(b) “Street or Highway” means the entire width of every public way, easement of right- of-way when any part thereof is open to the public, as a matter of right, for the purpose of vehicular and pedestrian traffic, and shall include alleys.
(c) “Public property” shall include all other grounds owned by the Village of Wayne.
(d) “Property Line” means the outer edge of a street or highway.
(e) “Tree lawn” means that part of a street or highway, lying between the property line and that portion of the street or highway usually used for vehicular traffic.
(f) “Property Owner” means the person owning such property as shown by the Wood County Auditor’s Plat of the Village of Wayne, Wood County, Ohio, including the executor, administrator, or beneficiary of the estate of a deceased owner.
(g) “Tree” means a tall growing woody plant with one or more perennial main stems or truck which develops branches from the aerial section of the stem rather than from the base; capable of being pruned to at least six feet of clear branchless trunk below the crown within five years of planting.
(h) “Shrub” means a low growing woody plant with one or several perennial main stems producing branches, shoots, or multiple stems from or near the base of the plant and incapable of being pruned to provide at least six feet of clear branchless trunk within five years of planting.
(i) “Public trees” shall include all shade and ornamental trees now or hereafter growing on any public property and tree lawn.
(j) “Right of Way” means any portion of the public way, street, alley or sidewalk.
(k) “Tree Topping” means the severe cutting back of limbs to stubs of three (3) inches or more in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree. (Ord. 4-5-603. Passed 4-20-05.)
(a) It shall be the duty of any property owner owning or occupying property bordering on right-of-way upon which property there may be trees or shrubs, to prune or cause to be pruned such tree or shrub in a manner that they will not shade or obstruct street lights, street signs, or obstruct pedestrian or vehicular traffic on sidewalks or streets.
(b) It shall be the duty of any property owner owning or occupying property bordering on right-of-way upon which property there may be trees or shrubs which are designated by the Tree Commission as dead, dying, diseased or hazardous or deemed a menace to the health, safety and welfare of the people of Wayne, to remove or cause to be removed said tree(s) and/or shrub(s).
(c) In either of the above situations, the Village Administrator shall send a written notice to the property owner indicating the required action (pruning or removal) to be taken. A period of forty-five (45) days from receipt of this letter shall be permitted for the property owner to affect the indicated action. Should the property owner or occupant fail to comply, it shall be unlawful for the Mayor or his/her agent to enter upon the property and cause such action. The property owner or occupant shall be charged double the cost of the work and cash payment shall be made within thirty days to the Village.
(Ord. 4-5-603. Passed 4-20-05.)
(a) The Village Administrator may remove or cause to order to be removed, any trees or part thereof which by reason of its nature is injurious to existing sewers, electric power lines, gas lines, water lines, or other public improvements.
(b) The Village Administrator shall examine or cause to be examined every tree within 100 feet of any sanitary or storm sewer, drain, manhole or other public utility line above or below the surface of the ground, which has been reported as dangerous to or causing interference with said sewer, drain, manhole, or public utility line, and if found dangerous or causing damage or obstruction of such sewer, drain, manhole or public utility line, he shall give the property owner written notice of their findings and an order that such person remove said tree or injurious part thereof within forty-five (45) days.
(Ord. 4-5-603. Passed 4-20-05.)
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