HomeMy WebLinkAbout004 - 02/25/1971 - PERTAINING TO TREES IN THE CITY, THEIR CARE AND PROTECTION, ESTABLISHING THE POSITION OF CITY ARBORI � Y
ORDINANCE NO 4 , 1971,
BEING AN ORDINANCE PERTAINING TO TREES IN THE CITY, THEIR CARE AND PRO-
TECTION, ESTABLISHING THE POSITION OF CITY ARBORIST, PROVIDING FOR THE
PAYMENT OF THE COST OF WORK REQUIRED TO BE DONE ON TREES, AND REPEALING
SECTIONS 22-54 THROUGH 22-65 OF THE CODE OF ORDINANCES OF THE CITY OF
FORT COLLINS, COLORADO, 1958, AS AMENDED
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS Ar
Section 1 The City Manager shall employ or contract for the services of a
person to be known as the City Arborist whose powers and duties are hereafter
specified
Section 2 The City Arborist shall have the power to promulgate and enforce
rules, regulations and specifications concerning the trimming, spraying, removal,
planting, pruning and protection of trees, shrubs, vines, hedges, and other plants
upon the public 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 specifications shall be available to the public through the office
of the City Clerk
Section 3 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 species of
trees, to-wit
any cotton-bearing cottonwood tree (Populus sp ) , and female boxelder tree _
(Acer negundo)
In addition, it shall be unlawful to plant or cause to be planted any of the follow-
ing species of trees on the right of way of any street, alley, sidewalk or other
public place within the City, to-wit
Any of the poplar species (Populus sp ) , any of the willow species (Salix
sp ) the boxelder tree (Acer negun o) , any weeping or pendulous-type
Yr—ee any tree with bushy growth which cannot be maintained to a
single leader or trunk, and any tree, shrub or hedge growth which by its
habit or growth would obstruct, restrict or conflict with necessary and
safe use of the public rights of way, such as upright evergreens and
large spreading evergreens,. and Chinese or Siberian elm species (Ulmus pumila)
Section 4 It shall be unlawful for any person, either for himself or another,
to plant, remove, destroy or cause to be planted, 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
Section 5 Any person desiring to plant, 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 Clerk 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 Arborist shall require The applicant shall at the time of making the appli-
cation, 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 planting, removing or
destruction of any tree, shrub or hedge to be planted or removed under such permit
Section 6 The City Arborist shall inspect the location and if in his opinion
it is desirable that such tree or shrub be planted 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 is to
be planted or removed, and any conditions or requirements made by the City Arborist
in connection therewith Failure to comply with the requirements of any such
pe=t shall constitute a violation of this ordinance
Section 7 It shall be unlawful for any person to engage in the business of
planting, cutting, trimming, pruning, removing, spraying or otherwise treating
trees, shruns or vines within the City without first procuring a license therefor
from the City
Section 8 Any person desiring a license pursuant to this ordinance shall
make application therefor at the office of the City Clerk on forms to be provided
by the City The City Clerk shall refer such application to the City Arborist who
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 Arborist
Section 9 Every license issued hereunder shall show on its face the types,
classifications or kinds of services for which the licensee is licensed 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 iden-
tified with the name of the licensee
Section 10 No such license shall be issued until the applicant therefor has
presented to the City Clerk a satisfactory public liability insurance policy cover-
ing all proposed operations of the applicant in such business in the City in the
sum of at least One Hundred Thousand and N0/100 Dollars ($100,000 00) for the
injury or death of any one person, Three Hundred Thousand and No/100 Dollars
($300,000 00) for the injury or death of any number of persons in any one accident,
and Twenty-five Thousand and No/100 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 the
license and shall 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 license term, the license shall be terminated
and the holder thereof shall surrender the same to the City Clerk unless the licensee
presents to the City Clerk a substitute insurance policy meeting the requirements of
this section
Section 11 No license shall be issued hereunder until the applicant has
paid a license fee of One Hundred and No/100 Dollars ($100 00) for the original
license of Twenty-five and N0/100 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 applications may be submitted at the office of the City Clerk
any time within thirty (30) days of the date a license Will expire
Section 12 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 ordinance The complaint shall be submitted in writing to the
Director of Parks and Recreation and shall state the date, time and place of viola-
tion for which the suspension or revocation of said license is requested Before
suspending or revoking any license pursuant to this section, the Director of Parks
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 Parks and Recreation will hold a hearing to determine
whether or not such license should be suspended or revoked
Section 13 In the event of any suspension or 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
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ten (10) 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, the Fort Collins Parks and Recrea-
tion Board may, on its own motion, or shall, if so requested by licensee, augment
its membership by not more than two (2) additional licensed arborists or foresters
who shall have voting privilege at the hearing The hearing by the Fort Collins
Parks and Recreation Board shall be held within fifteen (15) days from the date
the appeal is filed with the Director of Parks and Recreation
Section 14 It shall be the duty of the owner of property abutting the right
of way of any street, alley, sidewalk or other public place to maintain and care
for all trees and shrubs on such abutting right of way The City Arborist shall
have the power to require any such property owner to perform such maintenance on
any tree or shrub on the right of way abutting such owner's property as may be
necessary The City Arborist shall further have the power to require any property
owner to trim, remove or protect any tree or shrub on such owner's property which
may project beyond the property line onto or over the right of way abutting the
same The City Arborist shall cause a notice requiring such work to be performed
to be served upon the property owner in accordance with Section 19 of this ordinance,
and such work shall be done within the reasonable time specified in this notice
Nothing in this ordinance shall be construed as requiring the owner of property to
trim any trees or shrubs when such trimming is required because of city utility lines
or traffic control signs or devices and it shall be the dity of the City to do any
trimming required for such utilities or signs or traffic control devices
Section 15 It shall be the duty of the owner of any property abutting the
right of way of any street, alley, sidewalk or other public place to remove any
dead or dying trees or dead or dying limbs dangerous to life, limb or property
located upon the premises of such owner or upon the right of way of any street,
alley, sidewalk or other public place abutting the property of such owner of
property whenever required to do so by notice given by the City Arborist served
upon the owner of such property in accordance with Section 19 of this ordinance
Such work shall be performed within such reasonable tima as may be specified in
such notice
Section 16 Upon the discovery of any destructive or communicable disease,
or other 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
Arborist shall at once cause written notice to be served upon the owner of the
property upon which such diseased tree is situate or the property abutting the
right of way of any street, alley, sidewalk or other public place upon which such
diseased tree is situate, which notice shall require such property owner to eradi-
cate, remove or otherwise control such condition within a reasonable time to be
specified in such notice
Section 17 It shall be unlawful for any person to fall to comply with the
requirements of any notice given pursuant to Sections 14, 15 and 16 of this
ordinance within the time specified in such notice
Section 18 Any notice given by the City Arborist pursuant to Sections 14, 15
or 16 of this ordinance 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 Arborist 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
Recreation, 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
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final determination by the Parks and Recreation Board, the work required to be
done by the City Arborist shall not be required and if the Parks and Recreation
Board sustains all or any part of the order of the City Arborist, 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 Arborist pursuant to this section, the Fort
Collins Parks and Recreation Board may, on its own motion, and shall, if so re-
quested by the property owner, augment its membership by not more than two (2)
additional licensed arborists or foresters who shall have"Oting privileges at
the hearing
Section 19 Any notice authorized in Sections 14, 15 and 16 of this ordinance
may be served by delivering a copy of such notice to the record owner of such
property or by leaving a copy of such notice at such owner's usual place of abode
with some member of his family over the age of eighteen (18) years In case there
is more than one owner of a property, service upon any caner shall be adequate ser-
vice upon all co-owners If the owner of any property cannothe found in the City,
service may be made by mailing a copy thereof to such owner, postage prepaid, cer-
tified mail, addressed to his 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
Section 20 If any work required under Sections 14, 15 aid 16 of this ordinance
is not accomplished within the time specified in the notice, the City Arborist shall
cause the work to be done and the cost of the same shall be collected from the prop-
erty owner Any notice given pursuant to this ordinance 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 Arborist causes the work
to be done, he shall submit the cost thereof to the City Clerk 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 per cent (6%) per annum If any property owner
is unable to pay the cost of such work within thirty (30) days, he may enter into
an agreement for the payment of the same in monthly installments over a period not
to exceed five (5) years and the unpaid cost 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 per cent (6%) per annum The
agreement shall be filed in the office of the County Clerk and Recorder of Larimer
County
Section 21 The City Clerk shall, not later than the first day of July of
each year, report to the City Council as to any costs for work done by the City
under this ordinance which have not been paid by the property owner or made the
subject of an agreement with the property owner as authorized in Section 20 of
this ordinance Notice shall be mailed by the City Clerk to each property owner,
which notice shall state the amount claimed to be due from such property owner,
the date, 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 per cent (17%) to cover interest, legal and
advertising fees and cost of collection against the property of such owner Such
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 assessment of such cost, together with an amount not to exceed seventeen per
cent (17%) to cover interest, legal and advertising fees and cost of collection,
against such real estate Such assessment shall be certified by the City Clerk to
the County Treasurer and shall be on a parity with the tax lien for general state,
county, city, town or school taxes, Such assessment shall become delinquent on
the first day of September, after the date of assessment, and after the same becomes
delinquent, shall be advertised and sold by the County Treasurer at the same time or
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times, in the same manner and under all the same conditions and penalties and with
the same effect as now prescribed by the general laws of the State of Colorado for
the sale of real estate in default of payment of general taxes
Section 22 In order to accomplish the purposes of this ordinance, the City
Arborist is hereby authorized to go upon any property in the City for the purpose
of inspecting trees, shrubs and other plants
Section 23 The imposition of any penalty for a violation of this ordinance
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 ordinance
Section 24 If any section, sentence, clause, phrase or portion of this
ordinance is for any reason held invalid or unconstitutional by any court of com-
petent jurisdiction, such portion shall be deemed a separate, distinct and inde-
pendent provision and such holding shall not affect the validity of the remaining
portions hereof
Section 25 Sections 22-54 through 22-65, inclusive, of the Code of Ordinances
of the City of Fort Collins, Colorado, 1958, as amended, are hereby repealed
Introduced, considered favorably on first reading, and ordered published this
4th day of February, A D 1971, and to be presented for final passage on the 25th
day of February, A D 1971
or
ATTEST
City Clerk
Passed and adopted on final reading this 25th day f February, A D 1971
or
ATTEST
City Clerk
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