Chapter 25
TREES
AND SHRUBBERY*
*Editor's
note--Section 1 of Ord. No. 3858, adopted on April 20, 1992, repealed Ch.
25, §§ 25-1--25-4. Section 2 of said ordinance enacted a new Ch. 25 in
lieu thereof to read as herein set out. Former Ch. 25, also relative to
trees and shrubbery, derived from Ord. No. 3058, § 1(39), adopted March 1,
1982; Ord. No. 3138, § 1, adopted May 2, 1983 and Ord. No. 3439, § 1, adopted
Oct. 20, 1986.
Sec. 25-1. Duty
of landowner; city aid.
(a) Except for city-maintained trees in the areas
listed herein as city corridor tree locations, the owner, agent or occupant of any land abutting a street or
alley shall keep the trees located upon their property or located upon a
terrace immediately adjacent to their property or, where there is no terrace,
upon the section of the street or alley or property dedicated as a right-of-way
which is unimproved that is so abutting their property, trimmed, pruned and
maintained in a healthy manner as to remove any hazard to life or property.
(b) The fire chief or his/her designee may order any person
required to maintain property pursuant to this chapter to perform such
maintenance as is required to abate interference with any public utility from
any tree or shrub that is located on their property or the terrace, alley or
dedicated right-of-way as described in section 25-1(a).
(c) In the case of a community disaster
or emergency as declared by the mayor and city council, the city may aid the
property owner in the removal, trimming and/or cleanup of trees and shrubs
within the section of the street so abutting dedicated as a right-of-way.
(d) Removal of city corridor trees,
as hereinafter defined, that were funded and/or planted by the city, or as a
part of a city project, is not permitted without the written permission of
the parks and recreation director or city arborist. The city arborist
will maintain a complete list of locations containing city corridor trees
that were funded and/or planted by the city or as part of a city project.
(e) "City corridor trees" are defined
as those trees that will be maintained by the city. City corridor tree
locations include the following:
(1) Benjamin Avenue from 1st
Street to 25th Street.
(2) Braasch Avenue from 1st
Street to 7th Street.
(3) Norfolk Avenue from
Cottonwood Street to 8th Street.
(4) 2nd Street from Braasch
Avenue to Madison Avenue.
(5) 3rd Street from Braasch
Avenue to Madison Avenue.
(6) 4th Street from Braasch
Avenue to Madison Avenue.
(7) 5th Street from Prospect
Avenue to Madison Avenue.
(8) 7th Street (east side) from
Braasch Avenue to Michigan Avenue.
Source: Ord. No. 3858, § 2, 4-20-92; Ord.
No. 5810, § 1, 12-19-22;
Sec. 25-2. Acts declared nuisances; notice; abatement.
(a) It is hereby declared a nuisance for any person who is required
pursuant to section 25-1(a) to maintain trees on any property to allow or
permit to stand upon the property any dead tree or dead part of a tree, a
stump or any diseased or damaged tree or any diseased or damaged part of a tree
or any healthy tree or part of such tree which is a menace to public safety or
which endangers any building or other property. Any such tree or part of a tree on private property, meeting the
above criteria, may be declared to be a nuisance when a valid complaint is
received about the same by the fire chief or his or her designee.
(b) It is hereby declared a nuisance for any person required to
maintain trees pursuant to this chapter to permit limbs, branches or foliage of
any tree or shrub upon property they are required to maintain to project into
or extend over any sidewalk, street, lane or alley in such a manner that there
is vertical clearance of less than eight (8) feet between the surface of a
sidewalk and such limbs, branches or foliage and fourteen (14) feet between the
surface of a street or alley and such limbs, branches or foliage.
(c) The fire chief or his/her designee shall notify the person or
persons required to maintain property pursuant to this chapter of any nuisance
as described in this chapter. The
notice herein provided shall require the owner to abate such nuisance within
thirty (30) days from the date thereof.
(d) The fire chief or his/her designee shall have the power and is
hereby authorized and instructed, after the expiration of thirty (30) days from
the date of notice sent by certified mail, to determine if compliance to abate
a nuisance has been attained. If
compliance has not been made, the city shall abate such nuisance by causing
such trees or shrubs which are deemed to be a nuisance under this section, to
be removed, pruned or sprayed at the expense of the owner of the land where on
the same stand or terrace abutting thereto.
If the owner fails to reimburse the city after being billed, the cost of
such abatement together with an administrative fee as set forth in
Section 2-5 of this Code shall be
levied, equalized and assessed as are other special assessments.
Source: Ord. No. 3858, § 2, 4-20-92; Ord. No. 5077,
§ 1, 6-15-09; Ord. No. 5135, §16, 9-7-10; Ord. No. 5810, §
1, 12-19-22;
Sec. 25-3. Acts declared unlawful.
It is hereby declared unlawful:
(1) To permit any tree, bush or shrub or any
portion thereof or any debris resulting from its removal to remain upon or in
any street, alley or other public property later than one (1) hour before
sunset without placing sufficient lighted barricades to properly warn all users
of such street, alley or other public property.
(2) To leave, remain or to abandon a felled
tree or any portion thereof or any cut shrub or bush or any portion thereof,
upon, across or in any public or private property of others. All such obstruction, together with all
debris resulting from such cutting, shall immediately be removed and the premises
made broom clean of all rubbish resulting from such operation without delay or
interruption.
(3) For any
person to plant any tree closer than five (5) feet to the back of the curb of
any street, except on residential streets with a speed limit of twenty-five (25)
miles per hour or less, or with approval of the city engineer.
(4) To plant or maintain shrubs or
vegetation, other than trees, that exceed three (3) feet in height on that area
of a property between the property line and street known as the terrace.
(5) To plant evergreen trees on that area of
property between the property line and street known as the terrace.
(6) As a normal practice for any person, or
firm, to top any tree on public property.
Topping is defined as the severe cutting back of limbs to stubs larger
than three (3) inches in diameter within the trees crown to such a degree to
remove the normal canopy and disfigure the 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 ordinance at the determination of the
fire chief or his/her designee.
(7) To plant a tree or shrub closer than ten
(10) feet to any fire hydrant or to maintain any tree or shrub in a manner
contrary to section 8-4 of this code.
(8) To plant a tree other than a small
species of tree having a mature height of fifteen (15) feet or less within ten
(10) lateral feet of any overhead utility wire.
(9) For any person required to maintain
trees or shrubs on property pursuant to this chapter or to allow any limbs,
branches or foliage to interfere with the necessary visibility of any traffic
control device. The city may, without
prior notice, remove or trim any limbs, branches or foliage interfering with
the visibility of a traffic control device.
Source: Ord. No. 3858, § 2, 4-20-92; Ord.
No. 5810, § 1, 12-19-22;
Sec. 25-4.
Sight triangle.
On corner lots, vegetation,
trees or shrubs shall be planted so as to be in compliance with section 27-290
of this Code.
Source: Ord. No. 3858, § 2, 4-20-92; Ord. No. 4212,
§ 1, 10-7-96; Ord. No. 5077, § 2, 6-15-09
Sec. 25-5.
Terrace defined.
As used in this chapter,
terrace shall mean that area between the property line, and the curb line or,
if there is not curb line, the outer edge of the traveled portion of the
roadway.
Source: Ord. No. 3858, § 2, 4-20-92
Sec. 25-6.
Enforcement of article.
It shall be the duty of the
fire chief or his or her designee to enforce the provisions of this
chapter.
Source: Ord. No. 3858, § 2, 4-20-92
Sec.
25-7. Tree advisory board - Established.
There
is hereby established a tree advisory board, which board shall have seven (7)
members. At least five of the seven members of the board shall be residents of the city; provided, however, no member of the city council shall be
a member of such board.
Source: Ord. No. 5077, § 3, 6-15-09;
Ord. No. 5201, § 1, 2-21-12; Ord. No. 5452, § 1, 2-6-17; Ord. No. 5699, § 1,
11-2-20;
Sec.
25-8. Same - Appointment; terms; compensation.
(a)
The members of the tree advisory board shall be appointed by the mayor with the
approval of the city council.
(b) The term of each regular member shall be three years, except that the initial
advisory board to be so appointed shall consist of members serving the following
terms: One member for a term of one year, two members for a term of two
years and two members for a term of three years. All members shall hold
office until their successors are appointed.
(c)
In the case of a vacancy, the mayor shall appoint a replacement, with approval
of the city council, for the unexpired term.
(d)
No member of the tree advisory board shall receive pay or compensation for his
or her services as a member of the board.
Source: Ord. No. 5077, § 3, 6-15-09
Sec.
25-9. Same - Delegated
responsibilities
The
tree advisory board shall work with the parks and recreation director, city administrator, mayor and city council in an advisory
capacity. The tree advisory board's specific responsibilities may include
but not be limited to the following:
(1)
To coordinate educational events, set up Arbor Day programs, and arrange for
school classroom talks about the benefits of trees;
(2)
To set up pruning demonstrations in the public parks;
(3)
Submit tree-related articles to the newspaper or various newsletters;
(4)
Assist with public information handouts and arrange for informational booths at
area events for dissemination of information to promote community awareness;
(5)
Assist in finding and applying for tree planting or landscaping grants;
(6)
Offer input and/or make recommendations for tree planting and landscaping
projects in the city;
(7)
Serve as advocates for tree planting and maintenance projects;
(8)
Assist in supplying volunteers for tree and shrub planting projects;
(9)
Assist the city in applying for Tree City USA status; and
(10)
To provide such advice or recommendations as may be specifically requested by
the city administrator relative to matters concerning tree planting and
landscaping projects;
(11)
Other duties or responsibilities as may from time to time be assigned by the
mayor or city council.
Source: Ord. No. 5077, § 3, 6-15-09; Ord. No.
5334, § 3, 2-2-15; Ord. No. 5810, § 2, 12-19-22;
Sec.
25-10. Same
- Bylaws; rules; regulations.
The
tree advisory board may adopt bylaws, rules and regulations for its own guidance
as the board may deem necessary and as such shall not be inconsistent with this
chapter.
Source: Ord. No. 5077, § 3, 6-15-09
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