HomeMy WebLinkAbout005 - 02/07/2012 - AMENDING CHAPTER 27 OF THE CITY CODE TO MODIFY THE REQUIREMENTS FOR ARBORIST LICENSES, DESIGNATE ADD ORDINANCE NO. 005, 2012
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT COLLINS
TO MODIFY THE REQUIREMENTS FOR ARBORIST LICENSES, DESIGNATE
ADDITIONAL VIOLATIONS OF CHAPTER 27 AS CIVIL INFRACTIONS,
AND MAKE UPDATES
WHEREAS, Section 27-34 of the City Code requires businesses to have a City arborist
license if they wish to do work within the City that involves applying pesticides to trees, or pruning
or removing trees, for commercial gain or profit; and
WHEREAS,the Colorado Department of Agriculture(CDA)regulates commercial pesticide
application in Colorado; and
WHEREAS,the CDA recently reviewed the City's Forestry Code provisions and regulations
and concluded that the City's arborist license requirement for pesticide applicators was in conflict
with and preempted by Section 35-10-112.5 of the Colorado Revised Statutes, which declares
pesticide regulation to be a matter of statewide concern, and prohibits local governments from
adopting or continuing in effect any ordinance, rule, resolution, charter provision or statutes
regarding the use of any pesticide by pesticide applicators regulated under state law; and
WHEREAS, the City's licensing requirements predate the state statutes cited by the CDA,
and City staff was not previously aware of the apparent conflict; and
WHEREAS, in order to resolve any conflict between the City Code provisions on arborist
licensing and the state laws on pesticide regulation,City Forestry staff is recommending that Section
27-34 of the City Code be amended to remove the licensing requirement'for commercial pesticide
application; and
WHEREAS, on December 19, 2006, the City Council adopted Ordinance No. 198, 2006,
which decriminalized certain Code provisions, including several provisions of Chapter 27 related
to vegetation, and designated them as civil infractions in order to encourage compliance with Code
requirements pertaining to property nuisances; and
WHEREAS, on further review of Chapter 27, Forestry staff has determined that, in the
interests of fairness and consistency, all violations of Chapter 27 could properly be handled as civil
infractions with the exception of violations related to arborist licenses, and staff is recommending
that provisions of the City Code related to enforcement of and penalties for violations of Chapter 27
be amended accordingly; and
WHEREAS,staff is also recommending that outdated department names and titles in Chapter
27 be updated or removed and incorrect cross-references be corrected at the same time as the other
proposed amendments to Chapter 27.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That Section 27-1 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-1. Definitions.
As used herein, the term Director refers to the Director of Community
Services.
Section 2. That Section 27-17 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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. 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.
Section 3. That Section 27-34 of the Code of the City of Fort Collins is hereby amended
to read as follows:
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) Any licensee under this Article must perform all cutting, trimming,
pruning, removing 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.
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(c) The provisions of this Section shall not apply to the production and
maintenance of trees in a nursery setting.
Section 4. That Section 27-56 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-56. Right of entry.
In order to accomplish the purposes of this Division, the City Forester,
officers as defined in § 19-63 or a contractor hired by the City Forester are 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.
Section 5. That Section 27-59 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-59. Notice of violation; removal authority and procedure lien on
property.
(a) The City Forester or officers as defined in § 19-63 may give notice to any
property owner or occupant who is in violation of any provision of this Article. .
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.
Section 6. That Section 27-62 of the Code of the City of Fort Collins is hereby amended
to read as follows:
Sec. 27-62. Violations and Penalties.
Any person who violates any provision of this Article except§§ 27-34 to 27-
40 regarding arborist licensing commits a civil infraction and is subject to the penalty
provisions of Subsection 1-15(f).
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Introduced, considered favorably on first reading, and ordered published this 17th day of
January, A.D. 2012, and to be presented for final passage on the 7th day of February, A.D. 2012.
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Passed and adopted on final reading on the 7th day of February, A.D. 2012.
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