HomeMy WebLinkAbout013 - 08/30/1935 - RELATING TO THE TRIMMING OF TREES GROWING IN OR PROJECTING OVER ANY STREET, SIDEWALK OR ALLEY AND PR ORDIN1 NCE NO 13 , 1935
BEING AN E2TERCENCY ORDI!\TANCE RELATING TO THE TRDk'1MING OF TREES
GROWING IN OR PROJECTIDTG OVER ANI STREET, SIDEoALK OR ALLEY IN
THE CITY OF FORT COLLINS AND PROVIDING FOR THE PAYMENT AND
COLLECTION OF THE COSTS OF TRIT1kIING WHEN DONE BY THE CITY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOPT COLLINS
Section 1 That under and by virtue of the
Ordinance No . 5 , 1931 ) it is made an offense for the ormer of any
property to permit the branches of any trees whatsoever to project
over any street , alley or sidewalk in front or on the siae of such
premises lower than eight (8) feet from the surface of such street ,
alley or sidewalk and providing a penalty therefor , and that in
the opinion of the City Council of the City of Fort Collins the
failure to trim trees as above provided constitutes a nuisance
and is hazardous to the welfare and safety of the inhabitants of the
City of Fort Collins and that every person, firm or corporation
owning property in the City of Fort Collins , upon which, or
adjacent thereto , tnere are trees , the branches of which grow or
project over any street , alley or sidewalk, lower than eight (8)
feet from the surface tnereof , is hereby required to remove or
trim the same to not less than the height of eight (8) feet as
above proviaed and at all times to keep the branches of the said
trees trimmed to not less than the height named heretofore in
this Ordinance , that the Commissioner of Public Works is hereby author-
ized ana directed to give notice to any property owner or his agent ,
if known, or to the occupants of the premises , if any, who has
trees untrimmed contrary to the provisions in this Ordinance and
such notice may be sent by mail by depositing in the Post Office
at Fort Collins , with proper postage , aadressed to the record
owner or ovmers , or agents , if known, stating that if the trees
growing or projecting over the said street , alley or sidewalk
adjacent to said property contrary to the provisions of this
Ordinance are not trimmed as requirea by this Ordinance
on or before ten days from the date of such notice , the same
kill be done by the City of Fort Collins , and the costs thereof ,
including costs of inspection, sending of notice and puolication
thereof , and other proper charges in connection therewith will
be assessed against the said real property upon which or
adjacent to which the trees requiring trimming by this Orainance
are located and if the required trimming shall not be done
ivithin the time herein limited , the same may be done by the
Department of Public Works of the City and the costs thereof ,
as herein above provided, shall be assessed against the Lots
or tracts of lana where the tree or trees so trimmed may be ,
or adjacent thereto , and shall be a lien against said property
pursuant to provisions of Ordinance 19 , 1884 respecting special
assessments , and such costs of the trimming of the trees as
herein above provided , on any property in the City shall be
assessed against the Lots , or tracts of land upon which said
trees stand or adjacent thereto , all in accordance wish the
provisions of Ordinance 192 1884 concerning assessments and
collection of special improvements , and such assessment shall
be a lien in the several amounts assessed against each lot
or tract of lana until paid, and shall have priority over all
other lie-is except subsequent general taxes and special
assessments. In case any such assessment is not paid vrithin
thirty (30) days after the same has been certified to the City
Clerk by the Commissioner of Public Works , tihe City Clerk shall,
when authorized by resolution of the City Council , certify to
the County Treasurer of the County of Larimer the list of all
aelinquent assessments , giving the name of the owner as appears
of record , the number of the lot and block, and the amount of
assessment , said certification to be the same in substance
and in the same form as required for the certification of
sewer taxes , and the County Treasurer , upon the receipt of
such certified list is hereby authorized to place the
same upon the tax list for the current year and to collect
the special assessment in the same manner as other taxes
are collectied with ten per cent penalty thereon, and all
the laws of the State for the assessment and collection
of the 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.
Section 2. If any provision of this
Ordinance is held invalid , the remainder of this Ordinance
shall not be effected thereby The City Council hereby
declares that it would have passed this Ordinance and
every part thereof irrespective of the fact that any
part or portion may have been declared void.
Section 3. In the opinion of the City
Qouncil an emergency exists for the preservation of the
public health , peace and safety and this Ordinance shall
take effect upon its passage under and by virtue of the
authority contained in Sections 6 and 7 of Article IV of
the City Charter
Introduced , read at length and adopted
by the unanimous vote of all members of the City Council ,
at a regular meeting of the City Council , held the 30th
day of August , A D 1935
Commissioner of Safety and Ex-Officio
Mayor.
Attest
City Clerk.
STATE OF COLORADO , )
ss
County of Larimer. )
I, A J. ROSENOW, City Clerk of the
City of Fort Collins , do hereoy certify and declare that the
aforesaid Orainance , consisting oftnree( 3) Sections , was duly
proposed and read at length at a regular meeting of the City
Council held on the 30th day of August , A D. 1935 ,
and was duly adopted ana ordered published in the Fort Collins
Express-Courier , a daily newspaper and the official newspaper
of the City of Fort Collins , by the unanimous vote of all
members of the City Council, as an Emergency Ordinance , in
accordance with the provisions of Sections 6 and 7 of Article
IV of the City Charter, and thereafter and on to-wit the
6th day of September , A D 1935 , said Ordinance No. 13
was duly published in the Fort Collins Express-Courier, a
daily newspaper published in the City of Fort Collins ,
Colorado
IN WITNESS WHEREOF) I have nereunto
set my hand and affixed the seal of said City, this —6th day
ber
of Septem/, A D 1935
City Clerk.