HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 06/21/2022 - FIRST READING OF ORDINANCE NO. 078, 2022, AMENDING Agenda Item 11
Item # 11 Page 1
AGENDA ITEM SUMMARY June 21, 2022
City Council
STAFF
Kendra Boot, City Forester
Mike Calhoon, Director of Parks
Ralph Zentz, Asst. City Forester
Seve Ghose, Community Services Director
Ted Hewitt, Legal
SUBJECT
First Reading of Ordinance No. 078, 2022, Amending Chapter 27 of the Code of the City of Fort Collins
Relating to Forestry.
EXECUTIVE SUMMARY
The purpose of this item is to gain Council approval for amendments and updates to Chapter 27, the forestry-
related chapter of City Code. This Ordinance identifies all trees within the City as important community
infrastructure and makes a variety of other amendments to Chapter 27.
STAFF RECOMMENDATION
Staff recommends adoption of the Ordinance on the First Reading.
BACKGROUND / DISCUSSION
As a Council priority, staff have reviewed and addressed updates in Chapter 27, the forestry-related chapter of
City Code. The amendments include:
• Identifying all trees, public and private, as important community infrastructure. As trees are essential
ecological, cultural and socioeconomic resources for the City, its residents and visitors, this provision will
bring awareness to these important assets. The benefits provided by a diversified and abundant
community forest are many and are stated within the Ordinance.
• Providing that no person shall affix any item as a tree attachment to any tree within the public right-of-way
of any street or sidewalk. Exceptions to this prohibition include: City employees or contractors performing
work for the City; authorized use of slacklines or hammocks; and holiday lights from October through
February.
• Requiring any person who engages in the business of felling trees for financial gain to be licensed as an
arborist in accordance with standards of the City Forester.
• Requiring property owners to maintain trees up to the center line of any alley adjacent to their property to
provide for the safe and convenient use of alleys, streets and sidewalks.
• Increasing arborist license fees.
• Authorizing additional flexibility for the terms of repayment when a property owner is to be assessed the
costs of complete tree removal.
• Making technical amendments and other minor Code revisions to improve clarity and connection to other
Code sections.
Agenda Item 11
Item # 11 Page 2
CITY FINANCIAL IMPACTS
The Ordinance increases arborist license fees from $25 per year to $105 per year to reflect costs of
administering the license program. With 51 actively renewing licensees, annual revenues from the fee will total
$5355, plus any fee revenue from new licensees. Beginning in 2023, the fee will be adjusted annually based
on inflation and the annual adjustment will impact revenue based on the percentage adjustment. Additionally,
the amendment to the provisions governing repayment terms when a property owner is to be assessed the
costs of complete tree removal may have an impact to City revenue compared to current law.
BOARD / COMMISSION RECOMMENDATION
Forestry staff attended the Parks and Recreation Board Meeting on March 23, 2022 to gain feedback and
support for dedicating trees as important infrastructure to better protect these assets. Staff asked the board for
a motion to support codifying trees as infrastructure. The motion passed as 5-0. Forestry staff also attended
the Downtown Development Authority Board Meeting on April 14, 2022, to bring awareness to and gain
feedback for dedicating trees as important community infrastructure. The discussion included placing trees at
the same, or higher value, as other City infrastructure and highlighted that trees gain value as they grow.
Another point of discussion was that this Ordinance could help the City recoup the value of trees if they were
lost or damaged, including requesting FEMA funds if a natural disaster were to occur. The discussion was part
of the All Ideas: Big and Small portion of the meeting and there was no motion made for this item directly.
However, the group was supportive of the Ordinance.
ATTACHMENTS
1. Parks and Recreation Board Minutes (PDF)
2. Downtown Development Authority Minutes (PDF)
Page 1
Ken Christensen, Chair Park Shop
Catharine Carabetta, Co-Chair 413 South Bryan Avenue
Jesse Scaccia, Secretary Fort Collins, Colorado
Bob Kingsbury
Michael Novell
Michael Tupa
Regular Meeting
March 23rd, 2022
5:30pm
Participation for this hybrid Parks and Recreation Advisory Board Meeting will be available in person,
online or by phone.
Public Participation (In-Person & Online): Individuals who wish to address the Parks and Recreation
Board via remote public participation can do so through Zoom at:
https://fcgov.zoom.us/j/92967039173?pwd=a2Z6cVBvcU5lYURnME1oZ29pczFlZz09. Individuals
participating in the Zoom session should also watch the meeting through this site.
The virtual meeting will begin at 5:30 pm, day of the meeting. If attending virtually, participants should
try to sign in prior to the 5:30 pm meeting start time, if possible. For public comments, the Chair will ask
participants to click the “Raise Hand” button to indicate you would like to speak at that time. Staff will
moderate the Zoom session to ensure all participants have the opportunity to address the Board or
Commission.
In order to participate: Use a laptop, computer, or internet-enabled smartphone. (Using earphones with
a microphone will greatly improve your audio).
You need to have access to the internet.
Public Participation (Phone): As listed above, if joining via phone the meeting will begin at 5:30 pm. Please
call in prior to the meeting, if possible using one of the numbers listed below. For public comments, the Chair will
as participants to click the “Raise Hand” button to indicate you would like to speak at that time-phone participants
will need to hit *9 to do this. Staff will be moderating the Zoom session to ensure all participants have an
opportunity to address the committee.
Once you join the meeting, keep yourself on muted status.
Dial by your location
+1 720 928 9299 US (Denver)
+1 346 248 7799 US (Houston)
+1 253 215 8782 US (Tacoma)
+1 646 558 8656 US (New York)
Parks and Recreation Advisory Board
MINNUTES
ATTACHMENT 1
Page 3
x UNFINISHED BUSINESS
o Sustainable Funding Update. Mike Calhoon (10 minutes)
The Infrastructure Replacement Program had their 3rd meeting with Council Finance
Committee. The Our Climate Future Program was woven into the plan regarding the
funding gap in the 3 areas; Affordable Housing, Transportation Master Plan
implementation and Parks Infrastructure Replacement Program. The first Work Session
with be on April 12th and will cover the funding gap in each of these areas.
x NEW BUSINESS
o Active Modes Plan Update-Cortney Geary, Active Modes Manager (30 minutes)
Cortney presented on updates to the Active Modes Plan. They are partnering with
CSU, Tool Design Consulting firm, Technical advisory committee, and various
community advisory committees to consolidate/update the 2011 pedestrian plan and
2014 bicycle plan. To do this, they have implemented a variety of engagement
methods like visiting boards and commissions, school groups, and community
connectors to gain feedback from various user groups in the community.
How the board can support:
x Complete the short survey and web map.
x Review the Active Modes Plan website
x Share Fort Collins bike maps
o Trees as Infrastructure – Ralph Zentz, Assistant City Forester (20 minutes)
The Forestry department is working to recognize trees as permanent infrastructure.
By changing the City code (Chapter 27 of the Municipal Code and Lad use code) to
recognize trees as infrastructure, the department can better protect the current
57,500 trees the department oversees and eventually private trees as well. A change
in code will allow for funding to be gained when trees are damaged, FEMA funds to
be collected, and trees to be protected from developers.
How the board can support:
x The Forestry department would like a motion to support codifying of trees as
infrastructure.
Bob Kingsbury submitted a motion to strongly support the City Forestry Department
to codify trees as infrastructure. Catherine Carabetta seconded. Motion passed 5
approved, 0 opposed.
o Budgeting for Outcomes Kickoff-Mike Calhoon (20 minutes)
The Budgeting for Outcomes cycle is beginning again. The process begins with the
Community and City Council. Based on their priorities a strategic plan is adopted.
The budget is built to support that strategic plan. The plan is built around 7 key
outcome areas: Neighborhood Livability and Social Health, Culture and Recreation,
Economic Health, Environmental Health, Safe Communities, Transportation &
Mobility, and High Performing Governments. Sellers (departments across the city) try
to craft budget requests that will help one or more key outcome area to achieve
strategic objectives. They use metrics and data to show objectives can be met.
Currently the Strategic plan is being approved and departments are creating offers to
achieve strategic objectives. Next, sellers prepare and submit offers, BFO teams will
prioritize, and rank offers. The Budget Lead Team then makes recommendations and
fine tune offers. The first reading of the budget will occur in the November City
Council meeting.
How the board can support:
x Provide feedback and ideas for budget offers.
x Attend council meetings and provide feedback or support.
x BOARD MEMBER REPORTS
o FC Bikes-Cortney Geary (10 minutes)
ATTACHMENT 2
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ORDINANCE NO. 078, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT COLLINS
RELATING TO FORESTRY
WHEREAS, Chapter 27 of the City Code regulates vegetation within the City, including
the maintenance and removal of trees and licensing requirements for arborists; and
WHEREAS, the City Council seeks to acknowledge the essential ecological, cultural and
socioeconomic value of trees within the City; and
WHEREAS, recognizing trees as important community infrastructure within Chapter 27
of the City Code, including through the recitation of the many benefits of trees, will codify the
City’s commitment to the value of trees in the City; and
WHEREAS, the City staff has observed numerous instances of items being attached to
City-owned trees in City rights-of-way and City staff has proposed changes to City Code set
forth below to regulate attachments affixed to City-owned trees; and
WHEREAS, City staff has proposed changes to City Code set forth below to require
those engaged in the business of felling of trees to be licensed in accordance with standards of
the City Forester; and
WHEREAS, City staff has proposed changes to City Code set forth below to make alley-
adjacent property owners responsible for the maintenance of trees within the adjacent alley up to
the center line of the alley in the same manner in which property owners are responsible for trees
on their property, in order to ensure the safe and convenient use of alleys, streets and sidewalks;
and
WHEREAS, City staff has proposed changes to City Code to increase arborist licensing
fees and to provide greater flexibility to establish repayment terms when a property owner is to
be assessed the costs of complete tree removal; and
WHEREAS, City staff has recommended other assorted amendments to Chapter 27 of the
City Code related to forestry, as set forth in this Ordinance; and
WHEREAS, the City Council hereby finds that amending the City Code as proposed in
this Ordinance is in the best interests of the City and is necessary for the health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
FORT COLLINS as follows:
Section 1. That the City Council hereby makes and adopts the determinations and
findings contained in the recitals set forth above.
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Section 2. That Chapter 27 of the Code of the City of Fort Collins is hereby amended
to read as follows:
ARTICLE I.
IN GENERAL
27-1. Trees as Community Infrastructure
(a) Trees are essential ecological, cultural and socioeconomic resources for the City, its
residents and visitors. The benefits provided by a diversified and abundant community forest are
many and include:
(1) Releasing oxygen and capturing air pollutants and carbon dioxide;
(2) Maintaining slope stability and preventing erosion;
(3) Filtering stormwater and reducing stormwater runoff;
(4) Reducing energy demand and the urban heat island effect through shading of
buildings and impervious areas;
(5) Providing visual screening and buffering from wind, light, and noise;
(6) Sustaining habitat for birds and other wildlife;
(7) Providing a source of food for wildlife and people;
(8) Maintaining property values; and
(9) Contributing to the community health, appeal, beauty, character, and heritage of
the City.
(b) Given the importance of the benefits provided by trees, the City hereby recognizes public
and private trees, in both development and non-development situations, as important community
infrastructure.
(c) Subsection (b) of this section shall not be interpreted to impact any law or regulation that
authorizes or requires the maintenance or removal of any tree within the City.
Sec. 27-12. Definition.
As used herein, the term Director refers to the Director of Community Services or their designee.
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ARTICLE II.
TREES AND SHRUBBERY
Division 1 Generally
Sec. 27-16. Creation of position of City Forester.
The City shall employ or contract for the services of a person to be known as the City Forester.
As used herein, the term City Forester may refer to the City Forester, his or hertheir designee, or
such other person as the City Manager may designate.
Sec. 27-17. Powers and duties of City Forester.
The City Forester shall have the power to establish and enforce rules, regulations, standards and
specifications concerning the cutting, trimming, spraying, removing, planting, pruning and other
treatment of trees and shrubs upon the right-of-way of any street, alley, sidewalk or other City-
owned property in the City, and concerning the performance of such work on public or private
property within the City by licensees under this Article, in order to protect life and property and
to improve the urban forest for the benefit of the City’s residents. Such rules, regulations,
standards and specifications shall be in writing and shall not be effective until approved by the
City Manager and placed on file in the office of the City Clerk. Copies of such rules, regulations,
standards and specifications shall be available to the public through the office of the City
Forester.
Sec. 27-18. Certain species of trees prohibited.
(a) It is unlawful to sell or import into the City or to plant or cause to be planted within the
City any of the following trees or shrubs:
(1) Any cotton-bearing tree of the genus Populus, excluding aspen.
(2) Any seed-bearing (female) box elder tree (Acer negundo).
(3) Any Siberian elm (Ulmus pumila).
(4) Any Russian olive tree (Eleagnus angustifolia).
(5) Any salt cedar shrub (Tamarisk species).
(6) Any ash species (Fraxinus species).
(b) The City Forester may authorize the planting on City property of any cotton-bearing tree
of the genus Populus or any seed-bearing box elder tree, provided that the City Forester first
determines that the area where such planting shall occur is a natural area appropriate for the
planting of such trees.
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(c) It is unlawful to plant or cause to be planted on the right-of-way of any street, alley,
sidewalk or other public place within the City any species of tree or shrub which by its habit or
growth would obstruct, restrict or conflict with the necessary and safe use of the public rights -of-
way.
27-19. Attachment to Trees.
(a) No person shall affix any tree attachment to any tree within the public right -of-way of
any street or sidewalk, unless done so by a City employee acting within the scope of their
employment or City contractor working within the scope of the contract for the City.
(b) This Section shall not affect:
(1) The City Forester’s rules on the use of slacklines or hammocks for locations
where slacklines or hammocks are allowed by those rules; or
(2) The prohibition on securing a portable sign to a tree, as provided in § 24 -154(c)
of this code.
(3) The City Forester’s rules on the use of string lights during the dormant months of
October through February, including installation and removal of string lights, so as to
protect trees during the growing season.
(c) For purposes of this Section:
(1) Affix shall mean to place on, hang on, tie to, fasten, stick, wrap, bolt, nail, screw
on or any other manner of maintaining connection between two objects; and
(2) Tree attachment shall mean any object affixed to a tree, including any chain,
decorative display, light, line, lock, play structure, rop e, sign, or swing.
Division 2
Permit and Licenses
Sec. 27-31. Permit required for planting, pruning or removal of trees in public places.
It shall be unlawful for any person to plant, treat, cut, trim, prune, remove, destroy or cause to be
planted, treated, cut, trimmed, pruned, or removed or destroyed any tree or shrub within the
public right-of-way of any street or sidewalk, or upon other City-owned property within the City
without having first obtained a written permit therefor. For purposes of this Section and § 27-32,
"within the public right-of-way of any street or sidewalk, or upon other City-owned property"
shall not include trees or shrubs located on private property that encroach upon or overhang
public property, as described in § 27-57. Owners of properties adjoining alley rights-of-way may
cut, treat, trim, prune or remove trees or shrubs located within such rights-of-way without a
permit and shall be responsible for keeping the alley rights-of-way unobstructed per § 27-57.
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Sec. 27-32. ApplicationRequest for permit; contents and conditions.
(a) Any person desiring to plant, treat, cut, trim, prune, or remove or destroy any tree or shrub
within the public right-of-way of any street or sidewalk, or upon other City-owned property
within the City, must first make written application atrequest a free permit from the office
of the City Forester for a permit, if a permit is required under § 27-31. Such applicationThe
request for a permit must set forth the name and address of the applicant, the name and
address of the company or person doing the work, the desired kind or species of tree or
shrub to be planted, treated, cut, trimmed, pruned, or removed, or destroyed and the location
of the same, together with such other related information as the City Forester shall require.
(b) The applicant must, at the time of making the applicationrequest for a permit, agree in
writing, in all respects, to hold the City harmless and protect the City and the public at all
times in connection with the planting, treating, cutting, trimming, pruning, or removal or
destruction of any tree or shrub to be planted, treated, cut, trimmed, pruned, or removed or
destroyed under such permit.
Sec. 27-33. Inspection of location by City Forester; issuance of permit.
For each request for a permit made under § 27-32, Tthe City Forester shall inspect the location of
the tree or shrub to be planted, treated, cut, trimmed, pruned, or removed. If in the City
Forester’s or destroyed, and if, in his or her opinion, the planting, treatment, cutting, trimming,
pruning, or removal it is desirable that such tree or shrub be planted, cut, trimmed, pruned,
removed or destroyed, as the case may be, would protect life or property or improve the urban
forest for the benefit of the City’s residents, the City Forester shall issue a permit. Such permit
shall set forth the name of the person who shall perform the work, the location at which the tree
or shrub is or shall be located and any conditions or requirements made by the City Forester in
connection therewith. Failure to comply with the requirements of any such permit, or with any
rules, regulations, standards and specifications established pursuant to § 27-17, shall constitute a
violation of this Article.
Sec. 27-34. Arborist license required for tree services.
(a) It shall be unlawful for any business to engage in the following activities within the City
for commercial gain or profit without first procuring an arborist license from the City Forester in
accordance with the provisions of this Division: cutting, trimming, pruning or removing of trees
when the cuts necessary for such cutting, trimming, pruning or removal are made at a height of
ten (10) feet or greater above the ground.
(b) It shall be unlawful for any business to engage in the activity of felling trees within the
City for commercial gain or profit without first procuring an arborist license from the City
Forester in accordance with the provisions of this Division and appropriate rules established by
the City Forester pursuant to § 27-17.
(bc) Any licensee under this Article must perform all cutting, trimming, pruning, removing or
other treatingtreatment of trees on public or private property within the City in accordance with
the rules, regulations, standards, and specifications established by the City Forester and approved
by the City Manager, as provided for in § 27-17 of this Article. Any licensee not complying with
this requirement may have its license suspended or revoked pursuant to the provisions of this
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Article. When pesticide treatments are permitted, all applicable rules and laws of the State and
chemical labels must be strictly adhered to. The City Forester or their designee will file a
complaint with the Colorado Department of Agriculture in the event such rules or laws are not
complied with.
(cd) The provisions of this Section shall not apply to the production and maintenance of trees
in a nursery setting.
Sec. 27-35. License application procedure.
Any business desiring an arborist license pursuant to this Division shall ma ke application at the
office of the City Forester on forms to be provided by the City. The City Forester shall examine
the owner or a designated employee of the applicant business, by one (1) or more of the
following: an interview, a written examination orand a field test, as he or shethe City Forester
shall deem advisable in order to determine the applicant's qualifications and competency to
engage in the types of tree services applied for. No license shall be issued or renewed without the
approval of the City Forester.
Sec. 27-36. Form of license; identification of vehicles.
Every arborist license issued hereunder shall show on its face the types, classifications or kinds
of tree services for which the licensee is licensed and is authorized to perform. All motor
vehicles and other major equipment used by any licensee hereunder in conducting the licensed
tree services must be clearly identified with the licensee's business name and telephone number.
Sec. 27-37. Insurance coverage required; minimum amounts.
(a) No arborist license shall be issued or renewed until the applicant has presented to the City
Forester a certificate of insurance satisfactory to the City showing that the applicant has
acquired a commercial general liability insurance policy covering all of the applicant's
proposed tree service operations in the City, with a minimum limit of one million dollars
($1,000,000.) per occurrence. The City of Fort Collins must be named as an additional
insured on such policy.
(b) Such insurance policy must require at least thirty (30) days' advance notice to the City
before cancellation. In the event of the cancellation or termination of any such required
insurance policy during the licensed term, the license shall be terminated, and the holder
shall surrender it to the City Forester unless the licensee presents to the City Forester a
substitute insurance policy meeting the requirements of this Section.
Sec. 27-38. License fees; expiration; renewal.
No license shall be issued until the applicant has paid a license fee of twenty-five dollars
($25.)one hundred five dollars ($105.), which amount shall, beginning in January 2023, be
adjusted annually according to the Denver-Aurora-Lakewood Consumer Price Index for All
Urban Consumers, as published by the Bureau of Labor Statistics. The amount of the adjusted
fee shall be posted on the City’s website. Every license issued hereunder shall expire on January
31 of the following year. Renewal applications must be submitted atto the office of the City
Forester.
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Sec. 27-39. Suspension or revocation of license; hearing.
Any person alleging that a person licensed under this Article has violated any provision of the
rules, regulations, standards or specifications established by the City Forester pursuant to § 27-17
may file a written, verified complaint with the City Forester stating the date, time and place of
the alleged violation. Upon receipt of the complaint, the City Forester shall determine whether
reasonable grounds exist to believe that a violation has occurred and, if so, whether such
violation may warrant the suspension or revocation of any licenses issued pursuant to this
Article. If the City Forester determines that such reasonable grounds exist and that suspension or
revocation of the licensee's license may be an appropriate remedy for such violation, the City
Forester shall first mail, by certified mail, a copy of the complaint to the licensee and give notice
to the licensee and the complainant of a date, not less than five (5) days after the date of mailing
of such notice, on which the City Forester will hold a hearing to determine whether a violation of
this Article has occurred and, if the City Forester determines that a violation has occurred,
whether or not such license should be suspended or revoked. The complainant may, but need not,
be present at such hearing.
Sec. 27-40. Appeals and hearings.
In the event of any suspension or revocation of a license by the City Forester, the licensee shall
have the right to appeal such suspension or revocation to the Director. Any such appeal must be
submitted in writing to the Director within ten (10) days after the date of suspension or
revocation of the license. The Director shall have the power to overrule or otherwise modify any
order of the City Forester suspending or revoking any license. In hearing an appeal from any
action of the City Forester suspending or revoking any license, the Director may, or shall if so
requested by the licensee, select one (1) or more of the following to be present at the hearing: a
licensed arborist, an International Society of Arboriculture (ISA) certified arborist, or a
recognized expert in the field of arboriculture, who are not City employees, who may advise the
Director at the hearing. The hearing shall be held within fifteen (15) business days from the date
the appeal is filed with the Director.
Division 3
Care and Protection
Sec. 27-56. Right of entry.
(a) In order to accomplish the purposes of this Division, the City Forester, any officers as
defined in § 19-6663 or any contractor hired by the City Forester is hereby authorized to go upon
any public or unoccupied private property within the City for the purpose of inspecting trees or
shrubs. For occupied private property, the City Forster, any officer as defined in § 19-63, or any
contractor hired by the City Forester, after presenting credentials, may request entry to the
private property and if entry is refused, the City Forester, officer, or contractor shall have
recourse to every remedy provided by law to secure entry.
(b) Subject to the notice and hearing requirements of this Division, the City Forester or a
contractor hired by the City Forester is also authorized to go upon any public or private property
in the City for the purpose of cutting, trimming, pruning and/or removing trees or shrubs that the
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City Forester has determined present a danger to persons using, or property located upon, the
public rights-of-way or other City-owned property within the City, or in order to treat or
eliminate a destructive or serious communicable disease or insect infestation.
Sec. 27-57. Duty of property owner to prune or remove trees, shrubs, or other woody
vegetation.
(a) It shall be the duty of the owner of any property within the City to cut, trim, prune or
remove as necessary any trees, shrubs, or other woody vegetation located upon the property of
such owner and up to the center line of any alley adjacent to the property in order to provide for
the safe and convenient use of streets, sidewalks, alleys or other City-owned property in
accordance with the following requirements:
(1) Vegetation growth must not encroach upon the plane of a public sidewalk, or
street or alley.
(2) Tree branch growth must be maintained at a height no lower than eight (8) feet
over a public sidewalk and not less than fourteen (14) feet over the travel lanes of a street
or alley.
(3) To ensure the safety of motorists on adjacent streets, sight distance triangles must
be maintained to protect visual clearances as required by the Traffic Engineer.
(4) Branches, trees, shrubs and other woody vegetation must not block or otherwise
obscure official traffic control devices or street name signs or official traffic control
devices.
(5) Branches or trees that are broken, hanging, decayed or otherwise defective in any
way that threatens public property or the safe use thereof must be removed.
(b) Nothing in this Division shall be construed as requiring the owner of a private property to
trim or remove any trees or shrubs when such trimming or removing is required to prevent
interference with City utility lines. It shall be the duty of the City to do any cutting, trimming,
pruning or removing of trees or shrubs necessary for the safe use of City utilities.
(cb) Should a property owner fail to maintain trees, shrubs or other vegetation in the manner
required by Subsection (a) of this Section, the City Forester may require that such work be done
by notice served upon the owner of such property in accordance with § 27-59. Such work must
be performed within the time period specified in such notice. The City Forester may allow
reasonable time extensions for good cause shown.
(dc) If the Traffic Engineer reasonably determines a branch, tree, shrub or other vegetation, or
any other object on private property obscures an official traffic control device or traffic or
directional sign or view of traffic within a sight distance triangle, or otherwise constitutes a
hazard to drivers or pedestrians, the Traffic Engineer may, in his or hertheir reasonable discretion
and at the City's expense, work with the City Forester to immediately remove such obstruction
within the public right-of-way without notice to the property owner.
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Sec. 27-58. Control of tree diseases or insect infestations on private property.
The owner of any property upon which a tree is afflicted with any destructive or communicable
insect or disease pest shall, Uupon notification by the City Forester in accordance with § 27-59,
the property owner of property upon with is located a tree afflicted withbe responsible for the
control of the insect or disease pest within the time frame specified by the City Forester in the
notice. The notice shall specify whether the owner shall either eradicate the pest if possible or
remove the infected/infested tree. A notice will be given only in cases where the removal or
eradication of the tree or pest will slow or stop the spread of any destructive or communicable
disease or insect infestation which endangers the growth, health, life or well-being of trees in the
City, or which is capable of causing an epidemic spread of communicable disease, such as Dutch
elm disease or Spruce Ips beetle insect infestation, shall eradicate, remove or otherwise control
such condition within the time period specified in such notice. The City Forester through a
thorough understanding of the best management practices of the time shall determine which tree
diseases or insect infestations shall be targeted for pest eradication or removal.
Sec. 27-59. Notice of violation; removal authority and procedure; lien on property.
(a) The City Forester is authorized and directed to give notice to any owner who is in
violation of any provision of this Article. In addition, officers as defined in § 19-6663 are
authorized and directed to give notice to any owner or occupant who is in violation of §§ 27-18,
27-19(a), 27-57(a)(1-45) or 27-58. Such notice shall be personally served upon such person or, if
not personally served, conspicuously posted upon the property and also deposited in the United
States mail, addressed to the owner of record at the address on the assessment roll of the County
Assessor or at such other, more recent address as may be available to the City. With respect to
occupants, notice may be mailed to the address of the property so occupied.
(1) The notice shall state that if the offending tree attachment is not removed or
offending trees, parts of trees or shrubs are not pruned, trimmed, treated, removed or
otherwise controlled as required within fourteen (14) days or within any longer the time
period as specified by the City Forester, a civil citation may issue and the work may be
done by the City and any costs, including the cost of inspection and other incidental costs
in connection therewith and the costs for carrying charges and costs of administration,
will be charged against the property, in addition to any other penalty and costs or orders
that may be imposed.
(b) If the trees or shrubs have not been brought into compliance with this Article or tree
attachments have not been removed within fourteen (14) days or within any longerthe time
period as specified by the City Forester, from the date of the notice, the work may be done by the
City, either by City personnel or by private contractors, as the City Forester shall determine, and
a civil infraction citation may be issued. In the event of abatement by the City, the cost, including
inspection, other incidental costs in connection therewith and an amount for carrying charges and
administration, may be assessed against the property owner, in addition to any fines, penalties,
costs and fees imposed.
(c) Any cost assessment shall be a lien in the several amounts assessed against each property
from the date the assessment became due until paid and shall have priority over all other liens,
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except general taxes and prior special assessment liens. Any such assessment shall be billed by
the Director of Community Development and Neighborhood Services, or the City Forester, or his
or hertheir designees, to the owner by deposit in the United States mail addressed to the owner of
record at the address as shown on the tax rolls or such other, more recent address as may be
available to the City, and to any agents, representatives or occupants as may be known. If any
such assessment is not paid within thirty (30) days after it has been billed, the Financial Officer,
or his or hertheir designee, is hereby authorized to thereafter certify to the County Treasurer the
list of delinquent assessments so billed, giving the name of the owner as it appears of reco rd, the
number of the lot and block and the amount of the assessment plus a ten-percent penalty. The
certification shall be the same in substance and form as required for the certification of other
taxes. The County Treasurer, upon receipt of such certified list, is hereby authorized to place it
upon the tax list for the current year and to collect the assessment in the same manner as general
property taxes are collected together with any charges as may by law be made by the County
Treasurer, and all laws of the State for the assessment and collection of general taxes, including
the laws for the sale of property for unpaid taxes and the redemption thereof, shall apply to and
have full force and effect for the collection of all such assessments. Notwithstandi ng the
foregoing, if the offending property is not subject to taxation, the City may elect alternative
means to collect the amounts due pursuant to this Article, including the commencement of an
action at law or in equity and, after judgment, pursue such remedies as are provided by law.
Sec. 27-60. Time limit for compliance; appeals; hearings.
Upon receipt of a notice given by the City Forester pursuant to § 27-18, 27-19, 27-57 or 27-58,
the property owner shall have the right to contest the order of the City Forester to the Referee by
filing with the Referee a petition for review at the office of Community Development and
Neighborhood Services. A written request for a hearing before the Referee must be submitted
within five (5) days from the date of service of the order. Pending a final determination by the
Municipal Court Referee, the property owner need not complete the work required to be done by
the City Forester, unless such work involves a violation of Paragraph 27-57(a)(5). If the Referee
sustains all or any part of the order of the City Forester, the Referee shall set the time within
which the required work shall be completed, and the property owner must complete the required
work within such time.
Sec. 27-61. Noncompliance with notice; liability of property owners.
(a) If a property owner fails to accomplish any work required under § 27-18, 27-19, 27-57 or
27-58 within the time specified on a notice given by the City Forester, and the property
owner has not contested the notice to the Referee as provided in § 27-60, the City Forester
shall cause the work to be done pursuant to Subsection 27-59(b), and the property owner
must reimburse the City all costs pursuant to Subsection 27-59(c).
(b) If the City Forester has caused a property owner to be assessed the costs of complete tree
removal, and such property owner is unable to pay the cost of such work within thirty (30)
days, the property owner and City Forester may enter into an agreement for the payment of
the same in monthly, semi-annual, or annual installments over a period not to exceed three
(3)five (5) years. Any unpaid balance due under such agreement shall bear a reasonable
interest at the rate ofnot to exceed six (6) percent per annum.
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Sec. 27-62. Violations and penalties.
Any person who violates § 27-18, 27-19(a), Paragraphs 27-1857(a)(1-45) or § 27-58 commits a
civil infraction and is subject to the penalty provisions of Subsection 1-15(f).
Introduced, considered favorably on first reading and ordered published this 21st day of
June, A.D. 2022, and to be presented for final passage on the 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 5th day of July, A.D. 2022.
Mayor
ATTEST:
City Clerk