(a) “Adjacent Resident” for purposes of Section 901.23, means the West Unity, Ohio resident whose residence, whether owned, leased or rented is located the closest to the street tree prior to its pruning or cutting down. If there is any question as to which resident is the adjacent resident the decision of the Administrator, shall be final and binding on all persons and courts.
(Ord. 21-2009. Passed 10-8-09.)
(b) “Wood and Branches”, for purposes of Section 901.23, means each and every part of a street tree that had been pruned or cut down, but does not include the stump.
(c) Whenever the Village, or its agents, prunes or cuts down any street tree in the Village of West Unity, the adjacent resident may request the Village’s permission to remove, retain and use the wood and branches from the pruning or cutting down by signing (within three days of the pruning or cutting down) a document substantially in the form in subsection (d) below.
(d) Document Form:
“I, , the adjacent resident under West Unity Codified Ordinance Section 901.23, hereby request to receive all the wood and branches from the Village’s pruning or cutting down of the street tree(s) by my residence. In consideration for the right to receive and use the wood and branches, I promise, at my expense, to clean up, remove and dispose of or store out of public view all wood and branches from the site of the street tree pruning or cutting down within 14 days of the date of pruning or cutting down, which was the day of , 20 ; and if I fail to do so within said 14 days then the Village will do the clean-up, removal and disposal and I agree to pay to the Village of West Unity, on demand, the total sum of costs and expenses (for labor, equipment and incidental expenses related to the clean-up, removal and disposal) incurred by the Village. In addition to any other remedy provided by law, I agree that if I breach this agreement and the Village does the clean-up, removal and disposal, the Village Clerk may certify these Village costs and expenses to the Williams County Auditor/Treasurer for inclusion on my residential real estate taxes.
Approved by: Dated: Name of Adjacent Resident (Sign & Print Name) Residence Address of Adjacent Resident”. |
(Ord. 2002-01. Passed 3-28-02.)
(e) If the document in subsection (d) is not signed within three days of the pruning or cutting down, the Village of West Unity will clean-up, remove and dispose the wood and branches from the pruning and cutting down of street trees at the Village’s costs. The Village will place the wood at the Village’s compost yard for approximately one year. Village residents must register their name and contact information with the Village Administrator to be allowed to get one truck load of wood per year for personal consumption (not to be used for sale). The individual(s) themselves will need to cut up and remove the wood from the compost yard. Those who choose to take would do so at their own liability and risk.
(Ord. 2010-04. Passed 6-10-10.)
(f) All stumps from street trees shall be removed by the Village at Village’s expense.
(g) Any failure by the Village or its agents to allow any adjacent owner an opportunity to sign the document in subpart (d), for any reason, shall not create any claim or cause of action in favor of any adjacent resident against the Village of West Unity or its officers, employees, officials or agents.
(Ord. 2002-01. Passed 3-28-02.)