Loading...
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. -2- . (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). r -3- 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. OF FORT ��; '•.e��� Nfajor ATTEST: a . . o a 6••'•••s•aoDoa` City Clerk A Passed and adopted on final reading on the 7th day of February, A.D. 2012. ayor ATTEST: �OF FORTCO V; ;Z �EAL 'N City Clerk cOCORAO0 r -4-