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HomeMy WebLinkAbout078 - 07/05/2022 - AMENDING CITY CODE RELATING TO FORESTRYORDINANCE NO. 078, 2022 OF THE COUNCIL OF THE CITY OF FORT COLLINS AMENDING CHAPTER 27 OF THE CODE OF THE CITY OF FORT COLLINS RELATING TO FORESTRY WHEREAS, Chapter 27 of the City Code regulates vegetation within the City, including the maintenance and removal of trees and licensing requirements for arborists; and WHEREAS, the City Council seeks to acknowledge the essential ecological, cultural and socioeconomic value of trees within the City; and Wi IEREAS, recognizing trees as important community infrastructure within Chapter 27 of the City Code, including through the recitation of the many benefits of trees, will codify the City's commitment to the value of trees in the City; and WHEREAS, the City staff has observed numerous instances of items being attached to City -owned trees in City rights -of -way and City staff has proposed changes to City Code set forth below to regulate attachments affixed to City -owned trees; and WHEREAS, City staff has proposed changes to City Code set forth below to require those engaged in the business of felling of trees to be licensed in accordance with standards of the City Forester; and WHEREAS, City staff has proposed changes to City Code set forth below to make alley - adjacent property owners responsible for the maintenance of trees within the adjacent alley up to the center line of the alley in the same manner in which property owners are responsible for trees on their property, in order to ensure the safe and convenient use of alleys, streets and sidewalks; and WHEREAS, City staff has proposed changes to City Code to increase arborist licensing fees and to provide greater flexibility to establish repayment terms when a property owner is to be assessed the costs of complete tree removal; and WHEREAS, City staff has recommended other assorted amendments to Chapter 27 of the City Code related to forestry, as set forth in this Ordinance; and WHEREAS, the City Council hereby finds that amending the City Code as proposed in this Ordinance is in the best interests of the City and is necessary for the health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT COLLINS as follows: Section 1. That the City Council hereby makes and adopts the determinations and findings contained in the recitals set forth above. Section 2. That Chapter 27 of the Code of the City of Fort Collins is hereby amended to read as follows: ARTICLE I. IN GENERAL 27-1. Trees as Community Infrastructure (a) Trees are essential ecological, cultural and socioeconomic resources for the City, its residents and visitors. The benefits provided by a diversified and abundant community forest are many and include: (1) Releasing oxygen and capturing air pollutants and carbon dioxide; (2) Maintaining slope stability and preventing erosion; (3) Filtering stormwater and reducing stormwater runoff; (4) Reducing energy demand and the urban heat island effect through shading of buildings and impervious areas; (5) Providing visual screening and buffering from wind, light, and noise; (6) Sustaining habitat for birds and other wildlife; (7) Providing a source of food for wildlife and people; (8) Maintaining property values; and (9) Contributing to the community health, appeal, beauty, character, and heritage of the City. (b) Given the importance of the benefits provided by trees, the City hereby recognizes public and private trees, in both development and non -development situations, as important community infrastructure. (c) Subsection (b) of this section shall not be interpreted to impact any law or regulation that authorizes or requires the maintenance or removal of any tree within the City. See.27-2. Definition. As used herein, the term Director refers to the Director of Community Services or their designee. -2- ARTICLE II. TREES AND SHRUBBERY Division I 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, their designee, or such other person as the City Manager may designate. 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 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, in order to protect life and property and to improve the urban forest for the benefit of the City's residents. Such rules, regulations, standards and specifications shall be in writing and shall not be effective until approved by the City Manager and placed on file in the office of the City Clerk. 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 (Ater negundo). (3) Any Siberian elm (Ulmus pumila). (4) Any Russian olive tree (Eleagnus angustifolia). (5) Any salt cedar shrub (Tamarisk species). (6) Any ash species (Fraxinus 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 -3- growth would obstruct, restrict or conflict with the necessary and safe use of the public rights -of - way. 27-19. Attachment to Trees. (a) No person shall affix any tree attachment to any tree within the public right-of-way of any street or sidewalk, unless done so by a City employee acting within the scope of their employment or City contractor working within the scope of the contract for the City. (b) This Section shall not affect: (1) The City Forester's rules on the use of slacklines or hammocks for locations where slacklines or hammocks are allowed by those rules; or (2) The prohibition on securing a portable sign to a tree, as provided in § 24-154(c) of this code. (3) The City Forester's rules on the use of string lights during the dormant months of October through February, including installation and removal of string lights, so as to protect trees during the growing season. (c) For purposes of this Section: (1) Affix shall mean to place on, hang on, tie to, fasten, stick, wrap, bolt, nail, screw on or any other manner of maintaining connection between two objects; and (2) Tree attachment shall mean any object affixed to a tree, including any chain, decorative display, light, line, lock, play structure, rope, sign, or swing. 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, treat, cut, trim, prune, remove or cause to be planted, treated, cut, trimmed, pruned, or removed any tree 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 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, treat, trim, prune or remove trees located within such rights -of -way without a permit and shall be responsible for keeping the alley rights - of -way unobstructed per § 27-57. Sec. 27-32. Request for permit; contents and conditions. (a) Any person desiring to plant, treat, cut, trim, prune, or remove any tree within the public right- of-way of any street or sidewalk, or upon other City -owned property within the City, must -4- first request a free permit from the office of the City Forester, if a permit is required under § 27-31. The request for a permit must set forth the name and address of the applicant, the name and address of the company or person doing the work, the desired kind or species of tree to be planted, treated, cut, trimmed, pruned, or removed, and the location of the same, together with such other related information as the City Forester shall require. (b) The applicant must, at the time of making the request for a permit, 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, treating, cutting, trimming, pruning, or removal of any tree to be planted, treated, cut, trimmed, pruned, or removed under such permit. Sec. 27-33. Inspection of location by City Forester; issuance of permit. For each request for a permit made under § 27-32, the City Forester shall inspect the location of the tree to be planted, treated, cut, trimmed, pruned, or removed. If in the City Forester's opinion, the planting, treatment, cutting, trimming, pruning, or removal, as the case may be, would protect life or property or improve the urban forest for the benefit of the City's residents, 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 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: 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) It shall be unlawful for any business to engage in the activity of felling trees 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 and appropriate rules established by the City Forester pursuant to § 27-17. (c) Any licensee under this Article must perform all cutting, trimming, pruning, removing or other treatment 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. When pesticide treatments are permitted, all applicable rules and laws of the State and chemical labels must be strictly adhered to. The City Forester or their designee will file a complaint with the Colorado Department of Agriculture in the event such rules or laws are not complied with. (d) The provisions of this Section shall not apply to the production and maintenance of trees in a nursery setting. -5- 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 (1) or more of the following: an interview, a written examination and a field test, as the City Forester 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 term, 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 one hundred five dollars ($105.), which amount shall, beginning in January 2023, be adjusted annually according to the Denver -Aurora -Lakewood Consumer Price Index for All Urban Consumers, as published by the Bureau of Labor Statistics. The amount of the adjusted fee shall be posted on the City's website. Every license issued hereunder shall expire on January 31 of the following year. Renewal applications must be submitted to 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 -6- 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 (1) or more of the following to be present at the hearing: 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) business days from the date the appeal is filed with the Director. Division 3 Care and Protection Sec. 27-56. Right of entry. (a) In order to accomplish the purposes of this Division, the City Forester, any officer as defined in § 19-63 or any contractor hired by the City Forester is hereby authorized to go upon any public or unoccupied private property within the City for the purpose of inspecting trees or shrubs. For occupied private property, the City Forster, any officer as defined in § 19-63, or any contractor hired by the City Forester, after presenting credentials, may request entry to the private property and if entry is refused, the City Forester, officer, or contractor shall have recourse to every remedy provided by law to secure entry. (b) 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 serious communicable disease or insect infestation. Sec. 27-57. Duty of property owner to prune or remove trees, shrubs, or other woody vegetation. (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, shrubs, or other woody vegetation located upon the property of such owner and up to the center line of any alley adjacent to the property in order to provide for -7- the safe and convenient use of streets, sidewalks, alleys or other City -owned property in accordance with the following requirements: (1) Vegetation growth must not encroach upon the plane of a public sidewalk, street or alley. (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 Traffic Engineer. (4) Branches, trees, shrubs and other woody vegetation must not block or otherwise obscure official traffic control devices or 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) Should a property owner fail to maintain trees, shrubs or other vegetation 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. The City Forester may allow reasonable time extensions for good cause shown. (c) If the Traffic Engineer reasonably determines a branch, tree, shrub or other vegetation, or any other object on private property obscures an official traffic control device or traffic or directional sign or view of traffic within a sight distance triangle, or otherwise constitutes a hazard to drivers or pedestrians, the Traffic Engineer may, in their reasonable discretion and at the City's expense, work with the City Forester to immediately remove such obstruction within the public right-of-way without notice to the property owner. Sec. 27-58. Control of tree diseases or insect infestations on private property. The owner of any property upon which a tree is afflicted with any destructive or communicable insect or disease pest shall, upon notification by the City Forester in accordance with § 27-59, be responsible for the control of the insect or disease pest within the time frame specified by the City Forester in the notice. The notice shall specify whether the owner shall either eradicate the pest if possible or remove the infected/infested tree. A notice will be given only in cases where the removal or eradication of the tree or pest will slow or stop the spread 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, such as Dutch elm disease or Spruce Ips beetle insect infestation. The City Forester through a thorough understanding of the best management practices of the time shall determine which tree diseases or insect infestations shall be targeted for pest eradication or removal. -9- Sec. 27-59. Notice of violation; removal authority and procedure; lien on property. (a) The City Forester is authorized and directed to give notice to any owner who is in violation of any provision of this Article. In addition, officers as defined in § 19-63 are authorized and directed to give notice to any owner or occupant who is in violation of §§ 27-18, 27-19(a), 27- 57(a)(1-5) or 27-58. 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. (1) The notice shall state that if the offending tree attachment is not removed or offending trees, parts of trees or shrubs are not pruned, trimmed, treated, removed or otherwise controlled as required within the time period as specified by the City Forester, a civil citation may issue and the work may be done by the City and any costs, including the cost of inspection and other incidental costs in connection therewith and the costs for carrying charges and costs of administration, will be charged against the property, in addition to any other penalty and costs or orders that may be imposed. (b) If the trees or shrubs have not been brought into compliance with this Article or tree attachments have not been removed within the time period as specified by the City Forester, from the date of the notice, the work may be done by the City, either by City personnel or by private contractors, as the City Forester shall determine, and a civil infraction citation may be issued. In the event of abatement by the City, the cost, including inspection, other incidental costs in connection therewith and an amount for carrying charges and administration, may be assessed against the property owner, in addition to any fines, penalties, costs and fees imposed. (c) Any cost assessment shall be a lien in the several amounts assessed against each property from the date the assessment became due until paid and shall have priority over all other liens. except general taxes and prior special assessment liens. Any such assessment shall be billed by the Director of Community Development and Neighborhood Services, or the City Forester, or their designees, to the owner by deposit in the United States mail addressed to the owner of record at the address as shown on the tax rolls or such other, more recent address as may be available to the City, and to any agents, representatives or occupants as may be known. If any such assessment is not paid within thirty (30) days after it has been billed, the Financial Officer, or their designee, is hereby authorized to thereafter certify to the County Treasurer the list of delinquent assessments so billed, 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 shall be the same in substance and 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 unpaid 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 may elect alternative means to collect the amounts due pursuant to this Article, -9- including the commencement of an action at law or in equity and, after judgment, pursue such remedies as are provided by law. Sec. 27-60. Time limit for compliance; appeals; hearings. Upon receipt of a notice given by the City Forester pursuant to § 27-18, 27-19, 27-57 or 27-58, the property owner shall have the right to contest the order of the City Forester to the Referee by filing with the Referee a petition for review at the office of Community Development and Neighborhood Services. A written request for a hearing before the Referee must be submitted within five (5) days from the date of service of the order. Pending a final determination by the Municipal Court Referee, the property owner need not complete the work required to be done by the City Forester, unless such work involves a violation of Paragraph 27-57(a)(5). If the Referee sustains all or any part of the order of the City Forester, the Referee 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. 27-61. Noncompliance with notice; liability of property owners. (a) If a property owner fails to accomplish any work required under § 27-18, 27-19, 27-57 or 27- 58 within the time specified on a notice given by the City Forester, and the property owner has not contested the notice to the Referee as provided in § 27-60, the City Forester shall cause the work to be done pursuant to Subsection 27-59(b), and the property owner must reimburse the City all costs pursuant to Subsection 27-59(c). (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, semi-annual, or annual installments over a period not to exceed five (5) years. Any unpaid balance due under such agreement shall bear a reasonable interest rate not to exceed six (6) percent per annum. Sec. 27-62. Violations and penalties. Any person who violates § 27-18, 27-19(a), Paragraphs 27-57(a)(1-5) or § 27-58 commits a civil infraction and is subject to the penalty provisions of Subsection 1-15(f). Introduced, considered favorably on first reading and ordered published this 21st day of June, A.D. 2022, and to be presented for final passage on the ; th day of Jul+, A.D. 2022. FIN WNMI 6 /W Clerk -10- Passed and adopted on final reading this 5th day of Jq4, A.D. ATTEST: d City Clerk r SL r -11-