HomeMy WebLinkAboutOrdinance 1248ORDINANCE NO. 1248
BEIN(~ ~%N ORDINANCE ANENDING ORDINANCE NO. 8S3;
CITY CODE OF 1977, U ANENDED, PERTAININ(~ TO
MUNICIPAL BERVICEB, TREE AND NEED BERVICBB,
REMOVAL OF DISF~SED TREES AND SP~AYING,
PLANTING, AND ROUTINE REMOVAL
The City of Columbia Heights does ordain:
Section 1:
Section 2:
Section 3:
Section 4.201(1) of the City Code of 1977, as
amended, passed June 21, 1977, which currently
reads as follows, to-wit:
4.201(1) The Forester shall inspect all
premises and places within the City for the
presence of any of the below-described
conditions:
is herewith amended to read as follows, to-wit:
4.201(1) The Forester or his/her
official representative has the authority to
enter onto private property for inspection
purposes. The Forester shall inspect all
premises and places, both public and private,
within the City for the presence of any of
the below-described conditions:
Section 4.201(1)(c) of the City Code of 1977, as
amended, passed June 21, 1977, which currently
reads as follows, to-wit:
4.201(1)(c) Any other living or
standing tree or part thereof infected with
tree disease as determined by the Forester.
is herewith amended to read as follows, to-wit:
4.201(1)(c) Any other living or
standing tree or part thereof infected with
tree disease as determined by the Forester or
any destructive or communicable disease or
insect infestations.
Section 4.201(1)(e) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved shall hereafter read as follows, to-wit:
4.201(1)(e) Any tree, limb or shrub
that obstructs street lights, view of
intersections, traffic signs, the free
passage of pedestrians or vehicles, or a tree
or any part thereof that is less than eight
feet (8) above the surface of the street,
sidewalk or alley, or a tree that poses a
threat to safety.
Section 4:
Section 4.201(3)(b) of the City Code of 1977, as
amended, passed June 21, 1977, which currently
reads as follows, to-wit:
4.201(1) (3) (b) The Forester may abate
said condition upon the expiration of five
(5) days.
is herewith amended to read as follows, to-wit:
4.201(1)(3)(b) The Forester may abate
said condition upon the expiration of five
(5) days. The Council hereby authorizes the
assessment of unpaid special charges for such
abatement against such property.
Section 5:
Section 4.202(3) of the City Code of 1977, as
amended, passed June 21, 1977, which currently
reads as follows, to-wit:
4.202(3) The Forester shall consider
all requests by property owners for the
planting or routine removal of trees from
streets and public boulevard easements in
accordance with the following standards:
is herewith amended to read as follows, to-wit:
4.202(3) No person shall plant, remove,
cut above the ground, or disturb any tree on
any public place without first obtaining
written permission from the City Forester.
The City Forester shall consider all requests
by property owners for the planting or
routine removal of public trees in accordance
with the following standards:
Section 6:
Section 4.202(3)(b) of the City Code of 1977, as
amended, passed June 21, 1977, which currently
reads as follows, to-wit:
4.202(3)(b) No trees shall be planted
measuring less than two (2) inches in
diameter of trunk one (1) foot above the
ground.
is herewith amended to read as follows, to-wit:
4.202(3)(b) NO trees shall be planted
measuring less than two and one-half (2%)
inches in diameter of trunk one (1) foot
above the ground.
Section 7:
Section 4.202(3)(d) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(3)(d) No trees may be planted
under or within ten (10) lateral feet of any
overhead utility wire, or over or within five
(5) lateral feet of any underground water
line or gas line, or over or within five (5)
lateral feet of any sewer line, transmission
line or other utility.
Section 8:
Section 4.202(3)(e) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(3)(e) Trees may be planted mid-
way between the existing curb and sidewalk
with the approval of the City Forester. In
areas where curb and sidewalk do not exist,
no tree may be planted closer than three (3)
feet from the projected curb line.
Section 9:
Section 4.202(3)(f) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(3)(f) NO tree shall be planted
closer than thirty (30) feet of any street
corner, measured from the point of nearest
intersecting curbs, or curb lines. No tree
shall be planted closer than ten (10) feet of
any fire hydrant.
Section 10:
Section 4.202(3)(g) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(3)(g) It shall be unlawful as a
normal practice for any person, firm, or city
department to top any public tree, Topping
is defined as the severe cutting back of
limbs to stubs within the tree's crown to
such a degree so as to remove the normal
canopy and disfigure the tree. Trees
severely damaged by storms or other causes,
or certain trees under utility wires or other
Section 11:
Section 12:
Section 13:
Section 14:
obstructions where other pruning practices
are impractical may be exempted from this
subdivision at the determination of the City
Forester.
Section 4.202(4) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(4) The City Forester shall
locate, select and identify any trees which
qualify as "Landmark Trees". A tree may
qualify as a Landmark Tree if it meets one or
more of the following criteria: species
rarity, old age, association with a
historical event or person, abnormality, or
scenic enhancement.
Section 4.202(5) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(5) The City shall have the right
to plant, prune, maintain and remove public
trees as may be necessary to ensure public
safety or to preserve or enhance the symmetry
and beauty of such public grounds and right-
of-ways.
Section 4.202(6) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(6) Ail stumps of street and park
trees shall be removed to a minimum of four
(4) inches below the surface of the ground
including root extension to at least two (2)
feet from the outer edge of the stump.
Section 4.202(7) of the city Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(7) No person except the City
Forester, his/her agent, or a contractor
hired by the City may plant, remove, spray or
otherwise treat public trees without first
obtaining written permission from the City
Forester. The person obtaining the written
permission shall abide by the standards set
forth in this Section.
Section 15:
Section 16:
Section 17:
Section. 4.202(8) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(8) The City Tree Board shall have
the power to promulgate and enforce rules,
regulations and specifications concerning the
trimming, spraying, removal, planting,
pruning and protection of public trees and
shall have full power and authority over all
public and private trees that constitute a
hazard or threat as described herein.
Section 4.202(9) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(9) When the development of
private and/or commercial property occurs,
the Planning and Zoning Commission, City
Engineer, and City Forester shall review
landscaping plans and may require trees to be
planted in any of the streets, parking lots,
parks or other public places abutting lands
henceforth developed and/or subdivided.
Section 4.202(10) of the City Code of 1977, as
amended, passed June 21, 1977, which is currently
reserved, shall hereafter read as follows, to-wit:
4.202(10) A person, partnership,
corporation or other entity who violates or
refuses to comply with any of the provisions
of this article is guilty of misdemeanor and,
upon conviction thereof, shall be subject to
a fine of not more than $700 or to
imprisonment not to exceed ninety (90) days,
or both, for each offense. Each day that a
violation exists shall constitute a separate
offense. If, as the result of the violation
of any provision of this or4inance, the
injury, mutilation or death of a public tree
located on City owned property is caused, the
cost of repair of replacement of such tree,
shrub, or other plant shall be borne by the
party in violation. The replacement value of
trees and shrubs shall be determined in
accordance with the latest revision of "A
Guide to the Professional Evaluation of
Landscape Trees, Specimen Shrubs, and
Evergreens", as published by the
International Society of Arboriculture.
Section 18:
This ordinance shall be in full force and effect
from and after 30 days after its passage.
First Reading:
Second Reading:
Date of Passage:
Offered by:
Seconded by:
Roll Call:
June 8, 1~)~2
,h,ly 1_~; 1992
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~l.~_rl~|n_ RJl~ttJm~nn; Peterson, Murzyn - aye
~o-Anne Student,- Council Secretary