HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 10/04/2005 - FIRST READING OF ORDINANCE NO. 114, 2005, REPEALIN ITEM NUMBER: 15
AGENDA ITEM SUMMARY DATE: October 4, 2005
FORT COLLINS CITY COUNCIL STAFF: Tim Buchanan
SUBJECT
First Reading of Ordinance No. 114, 2005, Repealing and Reenacting Chapter 27 of the City
Code Regarding Vegetation.
RECOMMENDATION
Staff recommends adoption of the Ordinance on First Reading. The Parks and Recreation Board
recommends adoption of the Ordinance.
FINANCIAL IMPACT
There is no financial impact to the City from these proposed Code changes. Efficiency in
operation will be achieved by utilizing the Neighborhood Services code enforcement staff to
enforce some of the violations with private property trees and shrubs that conflict with the use of
street or sidewalk.
EXECUTIVE SUMMARY
This Ordinance will make a number of changes to Chapter 27 of the Code (Vegetation). These
changes are designed to: 1) tighten up definitions and verbiage; 2) update titles; 3) update the list
of trees and shrubs citizens cannot plant; 4) allow citizens adjacent to alleys to prune, without a
permit, trees or shrubs that are on City right-of-way in the alley; 5) modify the licensing
procedure for commercial arborists, including setting insurance requirements at today's industry
standards; 7) clarify the right of the City Forester or his/her designee to enter private property
not just to inspect trees, but also to trim or remove trees that pose a danger to the public; 8) better
define vegetation clearance standards for streets, sidewalks and other City owned property and
who is responsible for mitigating these clearance issues; 9) modify the service of notice process
so that it is more in line with those in other codes that are enforced by the City's Code
Enforcement officials; 10) make the citizen appeal process for code violations less cumbersome;
and 11) alter the assessment of claims against property owners so that they are more in line with
what other City departments do.
BACKGROUND
The provisions of Chapter 27 of the City Code regarding vegetation were adopted in 1972 and
have remained essentially unchanged ever since. Over the last few years, City Forestry staff has
October 4, 2005 -2- Item No. 15
identified a number of possible changes and updates to Chapter 27 and starting in 2004, began a
thorough review and rewrite of the Chapter. The proposed reenacted Chapter 27 would include
changes in the following areas:
Nuisance trees.
Certain species of trees that have nuisance qualities are prohibited and can not be planted or sold
in the city. These currently include cotton-bearing Cottonwood and Box Elder. Since it is the
seed-bearing (female) Box Elder that attracts and provides food for the Box Elder Bug that can
be a considerable nuisance there is only a need to prohibit it and not the seedless (male) Box
Elder. Nurseries have begun to market an ornamental seedless Box Elder and have requested a
modification to the restriction so that it can be offered for sale. This change is recommended.
To allow for the planting of native cotton-bearing cottonwood or any seed-bearing Box Elder in
natural areas where they can be part of the riparian habitat, a change is proposed to the Code to
allow the City Forester to be able to authorize planting these prohibited species in a designated
natural area where it is appropriate. Additional species to be added to the prohibited list include
Russian Olive, Salt Cedar and Siberian Elm. Russian Olive and Salt Cedar have taken over
many riparian areas in Colorado and other western states and are on the noxious weed list.
Siberian Elm is a weedy tree that is brittle, attracts insects, and seeds so heavily it often becomes
established in developed and undeveloped areas where it is undesirable.
Permits for planting, pruning or removal of trees on public property.
A permit is required for any person to plant, prune or remove a tree or shrub on City right-of-
way or other City property. A proposed change is to not require this permit for an adjacent
property owner who wants to clear tree and shrub growth from an alley. These situations
involve the pruning and removal of unmanaged nuisance growth that the City does not need to
regulate by permit.
Arborist licensing.
The requirement for an Arborist License is being modified. This will reduce the number of
companies that currently are required to have an Arborist License from around 120 to 30. The
intent of this change is to require an Arborist License for work that has a higher risk of damage
to persons or property, and for tree work that, when performed incorrectly, is likely to seriously
damage or destroy a tree. The current requirement is for any person who engages in the business
of planting, pruning, removing or spraying trees, shrubs or vines to have an Arborist License.
The proposed change in the requirement for an Arborist License will be that any person who
engages in the following activities for commercial gain or profit must have a license:
1. The cutting, trimming, pruning or removing of trees when the cuts
necessary for such work are made at a height of 10 feet or greater above
the ground.
2. The application of pesticides to trees of any size.
An Arborist License will not be required when these work activities are carried out in the
production and maintenance of trees in a nursery setting. This situation involves the production
October 4, 2005 -3- Item No. 15
and care of a commercial product and does not need to be regulated by an Arborist License.
Licensees must adhere to the rules, regulations, standards and specifications established by the
City Forester and approved by the City Manager. The insurance requirement to obtain'an
Arborist License is being increased. Commercial general liability insurance covering all of the
applicant's proposed work with a minimum limit of one million dollars per occurrence with the
City of Fort Collins named as an additional insured on the policy will be required. The current
required insurance coverage for a licensed arborist is three hundred thousand dollars, which was
the amount established 25 years ago. The Arborist License is issued by the City Forester.
Applicants can be owners or a designated employee of a company. The City Forester can
examine the applicant by interview, a written examination or field test to determine the
applicant's qualifications.
Processing of complaints against licensed arborists.
A complaint can be filed by any person against a licensed arborist for alleged violation of the
rules, regulations and specifications developed by the City Forester and approved by the City
Manager. Currently complaints go to the Director of Parks and Recreation, and in the case of a
license being suspended or revoked, it can be appealed to the Parks and Recreation Board. The
change will direct complaints to the City Forester for determination and appeals to the Director
of Cultural Library and Recreation Services. There has been only one case of a suspended
license appealed to the Parks and Recreation Board in over 30 years. It is felt this change allows
for adequate due process by the appeal going to the Director, who can also invite qualified
individuals to the appeal hearing to give advice on the ruling.
Authority to enter private property.
Section 27-56 of the Code currently authorizes the City Forester to go upon any property in the
City to carry out certain duties. The proposed changes to this section will clarify that this
authority extends to the City Forester's designee or contractor, and would further describe the
reasons entry upon private property can occur. These reasons are for: 1) inspection of trees and
shrubs; 2) pruning or removal of trees or shrubs to provide for the safety of public areas; and 3)
in order to treat or eliminate a destructive or communicable tree disease or insect infestation.
Duties of private property owners.
Notices can be sent to private property owners who fail to maintain their trees and shrubs as
described below, and to control a destructive or communicable tree disease or insect infestation.
It is the duty of the City to prune or remove either private or public trees or shrubs to prevent
interference with City utility lines or traffic-control devices. The current Code language is not
clear about the duties of private property owners to maintain their trees and shrubs so as to avoid
conflicts with the safe use of City property. Proposed changes include specifying the following
requirements for private property owners:
1. Shrub growth must not encroach upon the plane of a public sidewalk or
street.
October 4, 2005 -4- Item No. 15
2. Tree branch growth must be maintained at a height no lower than eight
feet over a public sidewalk and not less than fourteen feet over the travel
lanes of a street or alley.
3. To ensure the safety of motorists on adjacent streets, site distance triangles
must be maintained to protect visual clearances as required by the city
Traffic Engineer.
4. Branches, trees and shrubs must not obscure street name signs.
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.
Code enforcement.
Code enforcement staff from Neighborhood Services will be taking the lead working with
Forestry when notices need to be sent for tree and shrub problems described in 1-4 above. For
health and safety reasons, forestry staff will directly deal with enforcement and notification of
tree problems described in number 5 and for control of tree diseases or insect infestations on
private property. To make the vegetation code notification process consistent with the other
codes that Neighborhood Services enforces, the notification process has been slightly modified
to be compatible with their current system.
Appeal of notices to private property owners.
Appeal of a notice is currently submitted to the Parks and Recreation Board for determination.
There has been one notice appealed to the Board in the last 25 years. The proposed change will
require notice appeals be submitted to the Director of Cultural Library and Recreation Services.
It is believed that this change will streamline the process and give adequate review and
consideration to an appeal.
Assessment for costs of abatement.
The process for the assessment of claims for work that needs to be done by the City if a property
owner does not comply with an abatement notice has been changed to be consistent with other
similar sections of the City Code. City Council will no longer assess the cost of the work. This
proposed change will allow the City Forester to certify to the County Treasurer the list of
delinquent assessments. The County Treasurer is authorized to place the assessment upon the
tax list for the current year and to collect the assessment in the same manner as general property
taxes are collected.
Payment plan for costs of tree removal.
In situations where private property owners are notified to remove a tree, and cannot afford the
cost of the work, they can enter into an agreement to pay the City back with interest over a
period not to exceed three years. Tree removal can be expensive and there are cases where the
cost has been as high as four thousand dollars. The proposed change will reduce the maximum
October 4, 2005 -5- Item No. 15
number of years to complete repayment from five to three years. The payback option will still
be available where there is a financial need but the change will allow for collection in a more
timely manner with reduced administrative work for billing.
Proposed changes to Chapter 27 were presented to the Parks and Recreation Board on April 27,
2005 and the Board unanimously recommended to Council that it accept the Code changes.
Commercial tree services, nurseries and some landscape companies were notified by letter of the
proposed changes. Some responded in support of the recommended changes. It was believed
that it was appropriate to increase the insurance and that having rules, regulations and standards
would be beneficial. Only one company owner expressed concern that the City would no longer
require an Arborist License for tree and shrub planting and low pruning below 10 feet. He felt
that substandard work would be performed. Staff believes it is not able to provide adequate
enforcement on landscape contractors and grounds maintenance companies that perform this
kind of work, and that providing education as problems are identified can be effective. The work
these companies perform is much less likely to result in a serious accident or permanent damage
to a tree. Staff is unaware of other cities that require an arborist license for tree and shrub
planting. Natural Resources staff reviewed Chapter 27 and the proposed changes and did not
identify any issues or concerns. The Neighborhood Services code enforcement staff has
reviewed the notification process and has agreed to take the lead in enforcement on some of the
violations.
ATTACHMENTS
1. Parks and Recreation Board Minutes - April 27, 2005
ATTACHMENT 1
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,Council Liaison: Vacant Staff Liaison: Marty Heffernan, 224-6064
President: Jessica Mac'Millen Phone: 495-1270(Work)407-8896 (Home)
Call Meeting to Order: Jessica MacMillan called the meeting to order at 5:45 p.m.
Agenda Review: None.
Items of Note: None.
Citizen Participation: None.
Approval of Minutes: On a motion by Greg Miller, seconded by Ann Hunt, the Board voted
unanimously to approve the minutes of the February 23, 2005 meeting.
Forestry Code Charities
Tim Buchanan, the City Forester, presented the proposed revisions of the Vegetation Ordinance
in the City Code. Tim handed out the most current draft of the code and referred to the memo in
the Board's packet that reviewed the most significant changes.
The two primary changes in the code are:
- the arborists license requirements
- the duties of property owners to maintain trees and shrubs, and how the City notifies
citizens regarding code violations or hazards
The current code states that anyone who does any pruning, planting or removing of any tree,
bush, shrub, has to have an arborist license. That includes not only commercial arborists and tree
services, but any landscaping company or nursery that removes low branches or suckers from a
tree. Tim stated that they wanted to make changes that focused only on the tree service
companies that trim or remove trees, or that apply pesticides. Currently, there are approximately
30 companies that are considered true arborists, and about 100 that are in the other services like
lawn services.
They set several distinctions that would cause a company to need an arborist license. The
primary distinction is if they trim or prune a tree above the height of ten feet. The rational for
the ten foot height requirement was based on the higher risk of accidents above the ten foot level,
and the need to use equipment. Both of these factors create a potential risk. Also, when work is
performed incorrectly above this height level, there is a chance of permanently damaging or
destroying the tree.
Parks and Recreation Board Minutes
April 27,2005
Page 2
Jon asked if our codes were similar to other cities. Tim said it is very common for Cities to
license arborists for pruning and removal of trees, but Fort Collins is the only one that requires it
for planting. He added that other cities will set the limit of when to issue the permit in different
ways. In Colorado Springs it is working on a tree that is 15" in diameter; and in Denver it is
based on the height they are removing the branches. It is quite common to have these kinds of
codes. In Fort Collins it has been a requirement to have an arborist license since 1951. Cathy
asked about arborist training. Tim said that they are tested for knowledge through a written test
and a field test (climbing and pruning.) There is also a certification by a professional
organization, the International Society of Arboriculture, and there are also training manuals and
training seminars. If they are certified it is a big step toward license requirement. Most
companies have a combination of formal training, hiring CSU graduates, and learning the skill
by working on the job.
Other requirements related to licensing are:
- applying pesticides to trees of any size
- name of the company and phone number (a new requirement) on the sides of the trucks
- three letters of recommendation
- $25.00 dollars
-proof of insurance (general liability of$1 million per occurrence w/the City named as insured)
Tim added that companies who are more of a pesticide application company also have to be
licensed by state of Colorado, and we would require them to provide their current applicators
license. The arborist license is good for one year. The code language also allows for a license to
be suspended for violations of standards. Tim investigates all violations to determine if there is a
violation, and has the authority to suspend or take the license away completely. The company
can appeal to the CLRS Director who can hold a hearing. The hearing would include a certified
arborist or another certified expert. Tim stated that it is very unusual that it would go that far as
they have not had a suspended license in 29 years.
Tim sent the above requirements out to most of the licensed companies asking for their input and
received three comments: 1) very supportive, especially in the case of the insurance, 2) concern
that we were not going to regulate the companies that plant trees or do pruning work (they felt
that without policing some situations would get worse, so it should be on the books even if we
don't have the staff to police it), and 3) concern about the ten foot height rule (it could promote
cheating if someone says they cut up to ten feet but actually they cutting up to 20 feet.) Tim
stated that before he takes it to council he is going to check with a few more experts.
The code also defines when we can send a notice to property owners when their trees are causing
problems with public safety. Currently, the code says that the City has to take care of pruning or
removals on private property if the trees are unsafe. Because it is a liability situation, it is
reasonable to expect the property owner to take care of their property, so the new code will
reflect that change. Also, site distance triangles, such as blind corners, must be maintained to
protect the visual clearance requirements; the City has liability to make street areas safe. Tree
branch growth must be maintained at 10 feet over a public sidewalk and 14 feet over traffic
lanes. Defective branches must be removed if they threaten public property. If there is a
hazardous tree on public property and Forestry determines it does not threaten public property
they would not take action on it. Authority is limited to making public space safe.
• Parks and Recreation Board Minutes
April 27,2005
Page 3
If a private tree is determined to have a destructive or communicable disease, such as Dutch Elm
disease or the IPS Beetle, we can notify the property owner to treat it or remove it. Another area
of the proposed code is that the property owner is responsible for keeping street name signs
clear, and can be notified to do so, but the City is responsible for traffic signs and signals.
It is also unlawful to sell, import or plant box elders, cotton bearing cottonwoods, seed bearing
box elders, russian olives and salt cedars. We can make an exception in a natural area because
they are considered native species in natural areas. Another requirement is that a free permit is
required to plant, prune or remove a tree in a public right of way. It also states that we can go on
private property for inspection purposes of trees during the course of our work. Etiquette rules
are followed, such as leaving cards and notifying the citizen that we need to go on their property.
The notification process consists of giving the citizen a notice, and giving them a period of time
to complete the work. If it is not completed, the city can cause work to be done and bill the
citizen for it. If the citizen wants to appeal the notice, it goes to the Director of CLRS. If the
citizen cannot afford to have the required work done, they can enter into a payback agreement
over 3 years with 6% interest. If the citizen does not pay we hand it over to county collection
and it is handled as a collection on taxes.
Tim finished by stating that they feel they are making some good changes in the code that are
long overdue, and wanted to introduce the information to the Board and get their approval before
going to Council.
Jessica mentioned that she was concerned about the older areas of town where trees are mature
and the citizens don't have the finances to take care of the trees. Tim reassured her that they will
take bids on the work and get the citizen a very favorable choice of bids, or they could use the
payback program. Tim stated that last year the Forestry Division worked on 150 spruce
removals community wide and they did not have any of those citizens request assistance. He
added that most nurseries have cooperative programs that if you lose a tree to the IPS they will
give you a discount on a replacement tree. Dean motioned that the Board recommend to Council
that they accept the code changes. Jessica seconded the motion and all board members agreed.
2006/2007 Budeet Recommendations
Marty explained that the City is in the process of preparing the next two-year budget. The
timeline for the budget recommendations is for Council to adopt the charter in November,
causing the City Manager to refer his recommended budget to Council by September 1, 2005.
Marty referred to a memo in the Board packets from Doug Smith requesting the Board's
thoughts and recommendations on budget issues that relate to Parks and Recreation. Marty
obtained an extension of the deadline mentioned in the memo because the Parks and Recreation
Board did not meet in March. Marty also explained that the departments have been directed to
engage in a new budgeting process called Outcome Based Budgeting. He had just recently been
to a seminar to learn about the process. He stated that the City still has budget problems, even
though the No-on-1 campaign was successful, with a positive vote of 72%. He reminded the
Board that the employees are still not receiving compensation raises after 3 years, and since the
City is no longer competitive we are starting to lose employees. He added that Council still
wants to open fire station 14,they want to put money into transportation, and Parks needs more
money for maintaining new parks and trails that are being built, as well as the streetscapes that
ORDINANCE NO. It 4, 2005
OF THE COUNCIL OF THE CITY OF FORT COLLINS
REPEALING AND REENACTING CHAPTER 27 OF THE CITY CODE
REGARDING VEGETATION
WHEREAS,the current provisions of Chapter 27 of the City Code regarding vegetation were
adopted in 1972 and have remained essentially unchanged since that time; and
WHEREAS, over the last several years, City Forestry staff has identified a number of
changes that would update, clarify, or improve various provisions of Chapter 27; and
WHEREAS,Forestry staff has worked closely with the City Attorney's office on a thorough
review of Chapter 27 and the drafting of proposed revisions to it, and has sought input from other
City departments, commercial tree services, nurseries and the Parks and Recreation Board; and
WHEREAS, the Parks and Recreation Board at its regular meeting of April 27, 2005,
unanimously agreed to recommend that the City Council approve the proposed revisions to Chapter
27; and
WHEREAS,the Council has determined that revising Chapter 27 as proposed is in the best
interests of the City and its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that Chapter 27 of the Code of the City of Fort Collins is hereby repealed and reenacted
as follows:
CHAPTER 27
VEGETATION
ARTICLE L IN GENERAL
Sec. 27-1. Definition.
As used herein,the term"Director"refers to the Director of Cultural,Library
and Recreation Services.
Secs. 27-2-27-15. Reserved.
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 her designee, or such other person as the City Manager may
designate.
Sec. 27-17. Powers and duties of City Forester.
The City Forester shall be the supervisor of the Forestry and Horticulture
Division of the Parks and Recreation Department. The City Forester shall be
responsible to the Director in carrying out his or her duties. 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. Such rules, regulations, standards and specifications shall be in
writing and shall not be effective until approved by the City Manager. 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).
(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.
(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.
Sees. 27-19-27-30. Reserved.
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,cut,trim,prune,remove,destroy
or cause to be planted,cut,trimmed,pruned,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,
trim, prune or remove trees or shrubs located within such rights-of-way without a
permit.
Sec. 27-32. Application for permit; contents and conditions.
(a) Any person desiring to plant,cut,trim,prune,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 at the office
of the City Forester for a permit, if a permit is required under § 27-31. Such
application must set forth the name and address of the applicant, the name and
address of the person doing the work, the kind or species of tree or shrub to be
planted, cut, trimmed, pruned, removed or destroyed and the location of the same,
together with such other information as the City Forester shall require.
(b) The applicant must, at the time of making the application, 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, cutting, trimming, pruning, removal or
destruction of any tree or shrub to be planted, cut, trimmed, pruned, removed or
destroyed under such permit.
Sec. 27-33. Inspection of location by City Forester; issuance of permit.
The City Forester shall inspect the location of the tree or shrub to be planted,
cut, trimmed, pruned, removed or destroyed, and if, in his or her opinion, it is
desirable that such tree or shrub be planted, cut, trimmed, pruned, removed or
destroyed, as the case may be, 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:
(1) 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;
(2) the application of pesticides to trees of any size.
(b) Any licensee under this Article must perform all cutting, trimming
spraying, removing, pruning or other treating 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 Article.
(c) 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 make
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 or more of the following: an interview, a written examination or a
field test, as he or she 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 tern, 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.). Every license issued hereunder shall expire one(1)year after the
date of issuance. Renewal applications must be submitted at the office of the City
Forester.
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 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) days from the date the appeal is filed with the Director.
Sees. 27-41-27-55. Reserved.
DIVISION 3. CARE AND PROTECTION
Sec. 27-56. Right of entry.
In order to accomplish the purposes of this Division, the City Forester or a
contractor hired by the City Forester is hereby authorized to go upon any public or
private property within the city for the purpose of inspecting trees or shrubs. 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 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
communicable disease or insect infestation.
Sec. 27-57. Duty of property owner to prune or remove trees or shrubs;
notice.
(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 or shrubs located upon the property of
such owner 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) Shrub growth must not encroach upon the plane of a public sidewalk
or street.
(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 city Traffic Engineer.
(4) Branches, trees and shrubs must not obscure street name signs.
(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 or city traffic-
control devices. 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 or city
traffic-control devices and signs, with the exception of street name signs.
(c) Should a property owner fail to maintain trees and shrubs 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.
Sec.27-58. Control of tree diseases or insect infestations on private property.
Upon the discovery 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 or insect
infestation such as Dutch elm disease,the City Forester shall cause written notice to
be served in accordance with § 27-59 upon the owner of the property upon which
such diseased or infested tree is situated. Such notice shall require such property
owner to eradicate, remove or otherwise control such condition within the time
period specified in such notice.
Sec. 27-59. Content of notice; procedure for service of notice.
(a) Any notice given by the City Forester pursuant to §§ 27-57 or 27-58
shall allow the property owner at least five (5) days to perform the work required
after the time the notice is served on the property owner, and shall state that if the
work required is not done within the time specified,the city will cause it to be done
at the expense of the property owner.
(b) Service of the notice may be made by delivering a copy of such notice
to the record owner of such property, by leaving a copy of such notice at such
owner's usual place of abode with some member of his or her family over the age of
eighteen (18) years, or by first class mail sent to the address of the property owner
as shown on the assessment roll of the Larimer County Assessor, or at such other,
more recent address as may be available to the City. In case there is more than one
owner of the property,service upon any owner shall be adequate service upon all co-
owners.
(c) If the owner of any property cannot be found or contacted by any of the
methods described in subsection(b), service may be made by posting a copy of such notice
in a conspicuous place on the premises involved.
(d) Service by mail or by posting shall be completed five (5) days after
the date the notice is deposited in the mail or posted on the premises.
Sec. 27-60. Compliance with notice within specified time required.
It is unlawful for any person to fail to comply with the requirements of any
notice given pursuant to §§ 27-57 or 27-58 within the time specified in such notice.
Sec. 27-61. Time limit for compliance; appeals; hearings.
Upon receipt of a notice given by the City Forester pursuant to §§ 27-57 or
27-58,the property owner shall have the right to appeal the order of the City Forester
to the Director by filing with the Director a notice that the property owner desires to
appeal such order. Such appeal must be submitted in writing to the Director within
five (5) days from the date of service of the order. If any property owner files a
notice of appeal with the Director, the Director shall schedule a hearing on such
appeal within ten(10)days of the filing of the appeal. Pending a final determination
by the Director,the property owner need not complete the work required to be done
by the City Forester. If the Director sustains all or any parts of the order of the City
Forester, the Director 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. 27-62. Noncompliance with notice; liability of property owners.
(a) If a property owner fails to accomplish any work required under §§
27-57 or 27-58 within the time specified on a notice given by the City Forester, and
the property owner has not appealed the notice to the Director as provided in § 27-
61, the City Forester shall cause the work to be done, and the property owner must
reimburse the city for the cost of the work. In addition, the city may assess an
amount not to exceed fifty (50) percent of the costs for carrying charges and
administration. The property owner must pay this additional amount if so assessed.
If the City Forester causes the work to be done, he or she shall send to the property
owner at the last known address a statement assessing the amount to be collected.
The property owner must pay any such amount within thirty (30) days after the
statement is mailed.
(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 installments over a period
not to exceed three (3) years. Any unpaid balance due under such agreement shall
bear interest at the rate of six (6) percent per annum.
See. 27-63. Assessment of claim against property owners.
If any assessment made pursuant to§27-62 is not paid within thirty(30)days
after it has been billed by the City Forester to the owner by deposit in the United
States mail addressed to the owner of record at the last known address, the City
Forester is hereby authorized to certify to the county Treasurer the list of delinquent
assessments,giving the name of the owner as it appears of record,the number of the
lot and block and the amount of the assessment plus a ten-percent penalty. The
certification is to be the same in substance and in 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 taxes, and the redemption thereof shall apply to and have full force and
effect for the collection of all such assessments. Notwithstanding the foregoing, if
the offending property is not subject to taxation, the City Forester 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. 27-64. Collection of costs in addition to penalties.
The imposition of any penalty for a violation of this Division shall not be
construed as a waiver of the right of the city to collect the cost of removal or
treatment of any tree, shrub or other plant in accordance with the provisions of this
Division.
Introduced, considered favorably on first reading, and ordered published in summary form
this 4th day of October,A.D.2005,and to be presented for final passage on the 18th day of October,
A.D. 2005.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 18th day of October, A.D. 2005.
Mayor
ATTEST:
City Clerk