HomeMy WebLinkAbout038 - 04/15/1980 - AMENDING CHAPTER 109 OF THE CITY CODE AS IT RELATES TO THE CARE AND PROTECTION OF TREES ORDINANCE NO 38 1980
OF ThE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 109 OF THE CODE OF THE CITY
OF FORT COLLINS AS IT RELATES TO THE CARE AND
PROTECTION OF TREES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows
Section 1 That Chapter 109 of the Code of the City of Fort Collins
be, and it hereby is, repealed
Section 2 That there is hereby enacted a new Chapter 109 to the Code
of the City of Fort Collins to read as follows
Chapter 109
Trees Care and Protection
§109-1 Creation of position of City Forester The City of
Fort Collins shall employ or contract for the
services of a person to be known as the "City
Forester" whose powers and duties are hereinafter
specified
§109-2 Powers and duties of City Forester The City
Forester shall be the supervisor of the Forestry
Division of the Parks and Recreation Department
The City Forester shall be responsible to the
Director of Parks and Recreation in carrying out
his duties He shall have the power to promulgate
and enforce rules, regulations and specifications
concerning the trimming, spraying, removal, plant-
ing, pruning and protection of trees, shrubs,
vines, hedges and other plants upon the right-of-
way of any street, alley, sidewalk, or other public
place in the City Such rules, regulations and
specifications shall be in writing and shall not be
effective until approved by the City Manager
Copies of such rules, regulations and specifica-
tions shall be available to the public through the
office of the City Clerk
§109-3 Certain. species of trees prohibited in city
A It shall be unlawful to sell or import into the
City or to plant or cause to be planted within
the City limits any of the following trees
1 Any cotton bearing cottonwood tree (Genus
Populus)
2 Any boxelder tree (Ater Negundo)
B In addition, it shall be unlawful to plant or
cause to be planted any species of tree on the
right-of-way of any street, alley, sidewalk or
other public place within the City which by its
habit or growth would obstruct, restrict or
conflict with necessary and safe use of the
public rights-of-way
§109-4 Permit required for planting, pruning or removal of
trees It shall be unlawful for any person, either
for himself or another, to plant, prune, remove,
destroy, or cause to be planted, pruned, removed,
or destroyed, any tree, shrub or hedge in or upon
the public right-of-way of any street, alley,
sidewalk, or other public place within the City
without having first obtained a written permit
therefor An approved lanascape plan by City
Council shall be considered a permit
§109-5 Permit application, contents and conditions Any
person desiring to plant, prune, remove or destroy
any tree, shrub or hedge in or upon the public
right-of-way of any street, alley, sidewalk or
other public place within the City shall first make
written application therefor at the office of the
City Forester upon forms furnished by the City
Such application shall 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 or removed, and the
location of the same, together with such other
information as the City Forester shall require
The applicant shall , at the time of making the
application, agree in writing to, in all respects,
save the City harmless and protect the City and the
public at all times in connection with the plant-
ing, removing or destruction of any tree, shrub or
hedge to be planted or removed under such permit
§109-6 Inspection of location by City Forester The City
Forester shall inspect the location and if, in his
opinion, it is desirable that such tree or shrub be
planted, pruned or removed, as the case may be, he
shall issue a permit therefor Such permit shall
set forth the name of the person who shall perform
the work, the location at which the tree or shrub
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is to be planted or removed, and any conditions or
requirements made by the City Forester in connec-
tion therewith Failure to comply with the re-
quirements of any such permit shall constitute
violation of this Chapter
§109-7 License required for tree surgeons It shall be
unlawful for any person to engage in the business
of planting, cutting, trimming, pruning, removing,
spraying, or otherwise treating trees, shrubs or
vines within the City without first procuring a
license therefor from the City
§109-8 Application procedure Any person desiring a
license pursuant to this Chapter shall male appli-
cation therefor at the office of the City Forester
on forms to be provided by the City The City
Forester shall examine the applicant either orally
or in writing as he shall deem advisable in order
to determine the applicant 's qualifications and
competency to engage in the business applied for
No license shall be issued or renewed without the
approval of the City Forester
§109-9 Form of license, identification of vehicles Every
license issued hereunder shall show on its face the
types, classifications or kinds of services for
which tree licensee is licenses and authorized to
perform All motor vehicles and other major
equipment of any person licensed hereunder used in
conducting the licensed business shall be clearly
identified witn the name of the licensee
§109-10 Adequate insurance coverage required, minimum
amounts No such license shall be issued until the
applicant therefor has presented to the City
Forester a satisfactory public liability insurance
policy covering all proposed operations of the
applicant in such business in the City in the sum
of at least One Hundred Thousand Dollars ($100,000)
for the injury or death of any one (1 ) person,
Three Hundred Thousand Dollars ($300,000 00) for
the injury or death of any number of persons in any
one (1) accident, and Twenty-Five Thousand Dollars
($25,000 00) for damage to property Such policy
may allow the first One Hundred Dollars ($100 00)
of liability to be deductible Such insurance
policy must be prepared for at least the term of
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the license and shall require at least thirty (30)
days advance notice to the City before cancella-
tion In the event of the cancellation or termi-
nation of any such required insurance policy
during the licensed term, the license shall be
terminated and the holder thereof shall surrender
the same to the City Forester unless the licensee
presents to the City Forester a substitute in-
surance policy meeting the requirements of this
Section
§109-11 License fees, term and renewal No license shall
be issued hereunder until the applicant has paid a
license fee of One Hundred Dollars ($100 00) for
the original license and Twenty-Five Dollars
($25 00) for the renewal of a license Every
license issued hereunder shall expire one (1) year
after the date of its issuance Renewal applica-
tions may be submitted at the office of the City
Forester any time within thirty (30) days of the
date the license will expire
§109-12 Suspension or revocation of license, hearing
Upon the verified complaint in writing by any
person, the Director of Parks and Recreation may
suspend or revoke any license issued hereunder for
violation of this Chapter The complaint shall be
submitted in writing to the Director of Parks and
Recreation and shall state the date, time and
place of violation for which the suspension or
revocation of said license is requested Before
suspending or revoking any license pursuant to
this Section, the Director of Paris and Recreation
shall first mail , by certified mail , a copy of the
complaint to the license holder and give notice to
the license holder of a date, not less than five
(5) days after the date of mailing of such notice,
on which the Director of Paris and Recreation will
hold a hearing to determine whether or not such
license should be suspended or revoked
§109-13 Appeals and hearings In the event of any suspen-
sion of revocation of a license by the Director of
Parks and Recreation, the licensee shall have the
right to appeal such suspension or revocation to
the Fort Collins Parks and Recreation Board Any
such appeal must be submitted in writing to the
Director of Parks and Recreation within ten (10)
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days after the date of suspension or revocation of
the license The Parks and Recreation Board shall
have the power to overrule or otherwise modify any
order of the Director of Parks and Recreation
suspending or revoking any license In hearing an
appeal from any action of the Director of Parks
and Recreation suspending or revoking any license,
Fort Collins Parks and Recreation Board may, on
its own motion, or shall, if so requested by the
licensee, augment its membership by not more than
two (2) additional licensed arborists or foresters
who shall have voting privileges at the hearing
The hearing by the Fort Collins Parks and Recrea-
tion Board shall be held within fifteen (15) days
from the date the appeal is filed with the Direc-
tor of Parks and Recreation
§109-14 Property owners shall have the right to plant and
care for trees and shrubs on any abutting street
right-of-way, alley, sidewalk, or other public
place in accordance with Section 109-2 and 109-4
of this Chapter
§109-15 Removal of hazardous trees and limbs, notice It
shall be the duty of the owner of any property to
remove any dead or dying trees or dead or dying
limbs dangerous to life, limb, or property when
located upon the premises of such owner whenever
required to do so by notice given by the City
Forester served upon the owner of such property in
accordance with Section 109-19 of this Chapter
Such work shall be performed within such reason-
able time as may be specified in such notice
Nothing in this Chapter 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 so as to provide for safe
use of street or sidewalk or because of City
utility lines or traffic control devices or signs,
and it shall be the duty of the City to do any
trimming or removing for such utilities, traffic
control devices or signs and for safe use of
street or sidewalk
§109-16 Control of disease or infestation of trees on
private property Upon the discovery of any
destructive or communicable disease or other
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pestilence which endangers the growth, health,
life or well-being of trees or plants 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 at
once cause written notice to be served upon the
owner of the property upon which such diseased
tree is situated, which notice shall require such
property owner to eradicate, remove or otherwise
control such condition within reasonable time to
be specified in such notice
§109-17 Compliance with notice within specified time
required It shall be unlawful for any person to
fail to comply with the requirements of any notice
given pursuant to Section 109-15 and 109-16 of
this Chapter within the time specified in such
notice
§109-18 Appeals from notices of City Forester, hearings
Any notice given by the City Forester pursuant to
Sections 109-15 and 109-16 of this Chapter shall
allow at least five (5) days to the property owner
to perform the work required after the time the
notice is served on the property owner During
such period the property owner shall have the
right to appeal the order of the City Forester to
the Fort Collins Parks and Recreation board by
filing with the Director of Parks and Recreation a
notice that said property owner desires to appeal
from such order Such appeal shall be submitted
in writing to the Director of Parks and Recreation
within five (5) days from the date of service of
the order If any property owner files a notice
of appeal with the Director of Parks and Recrea-
tion, the Director of Parks and Recreation shall
schedule a hearing of the Parks and Recreation
Board to consider such appeal within ten ( 10)
days Until a final determination by the Parks
and Recreation Board, work required to be done by
the City Forester shall not be required, and if
the Parks and Recreation Board sustains all of any
part of the order of the City Forester, it shall
set the time within which the work required to be
done shall be done In hearing any appeal from an
order of the City Forester pursuant to this Sec-
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tion, the Fort Collins Parks and Recreation Board
may, on its own motion, and shall, if so requested
by the property owner, augment its membership by
not more than two (2) additional licensed forest-
ers or arborists who shall have voting privileges
at the hearing
§109-19 Procedure whereby notice is served Any notice
authorized in Sections 109-15 and 109-16 of this
Chapter may be serveo by delivering a copy of such
notice to the record owner of such property or by
leaving a cony of such notice at such owner ' s
usual place of abode witn some member of his
family over the age of 18 years In case there is
more than one owner of property, service upon any
owner shall be adequate service upon all co-
owners If the owner of any property cannot be
found in the City, service may be made by mailing
a copy thereof to such owner postage prepaid,
certified mail , addressed to the last known
address and by posting a copy of such notice in a
conspicuous place on the premises involved
Service by mail shall be completed five (5) days
after the date the notice is deposited in the
mails and posted on the premises
§109-20 Cost of work levied against property ohners If
any work required under Sections 109-15 and 109-16
of this Chapter is not accomplished within the
time specified on the notice, the City Forester
shall cause the work to be done and the cost of
the same shall be collected from the property
owner Any notice given pursuant to this Chapter
shall state that if the work required is not done
within the time specified, the City will cause the
same to be done at the expense of the property
owner If the City Forester causes the work to be
done, he shall submit the cost thereof to the
Director of Finance who shall send a statement in
such amount to the property owner at his last
known address Any such statement shall be paid
by the property owner within thirty (30) days
after the statement is mailed to him After such
thirty (30) days, any unpaid amount shall bear
interest at the rate of six percent (6%) per
annum If any property owner is unable to pay the
cost of such work within thirty (30) days, lie may
enter into an agreement for the payment of the
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same in monthly installments over a period not to
exceed five (5) years, and the unpaid costs shall,
by such agreement, be made a lien on the lands of
such property owner Any unpaid balance due under
such agreement shall bear interest at the rate of
six percent (6%) per annum The agreement shall
be filed in the office of the County ClerK and
Pecorder of Larimer County
§109-21 Assessment of claim against property owners The
Director of Finance shall , not later than July 1st
of each year, report to the City Council as to any
costs for work done by the City under this Chapter
which have not been paid by the property owner or
which have been made the subject of an agreement
with the property owner as authorized in Section
109-20 of this Chapter Notice shall be mailed by
the Director of Finance to each property owner,
which notice shall state the amount claimed to be
due from such property owner, the date, the place,
and time that the report will be made to the City
Council , the description of the property to be
assessed, a description of the work performed, and
that the City Council will be asked to assess the
cost of the work together with an amount not to
exceed seventeen percent (17%) to cover interest,
legal and advertising fees, and the cost of
collection against the property of such owner
Sucn notice shall be mailed at least ten (10)
days, and not more than forty-five (45) days
before the date the report will be made to the
City Council The City Council shall, when the
report is presented to them, consider ordering by
ordinance the assessrent of such cost, together
with an amount not to exceed seventeen percent
(171.) to cover the interest, legal , and advertis-
ing fees and the costs of collection against such
real estate Such assessment shall be certified
by the Director of Finance to the County Treasury
anid shall be on a parity with the tax lien for
general , state, county, city, town, or school
taxes Such assessment shall becorre delinquent on
the 1st day of September after the date of assess-
ment and after the same becomes delinquenit shall
be advertised and sold by the County Treasurer at
the same time or times, in the same manner, and
under all the same conditions and penalties, and
witn the same etfect as now prescribed by the
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t
general laws of the State of Colorado for the sale
of real estate in default of payment of general
taxes
§109-22 City Forester authorized to enter private proper-
ty In order to accomplish the purposes of this
Chapter, the City Forester is hereby authorized to
go upon any property in the City for the purpose
of inspecting trees, shrubs and other plants
§109-23 City reserves right to collect costs in addition
to penalties The imposition of any penalty for a
violation of this Chapter shall not be construed
as a waiver of the right of the City to collect
the costs of removal or treatment of any tree,
shrub or other plant in accordance with the
provisions of this Chapter
Introduced, considered favorably on first reading, and ordered pub-
lished this 1st day of April , A D 1980, and to be presentee for
final passage on the 15th day of April , A D 1980
/ Mayor
AT 4er
y
Passed and adopted on final reading this 15th oay of April ,
A D 1980 UV Wit-(U
Mayor
E/S
City Clerk
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