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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.