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HomeMy WebLinkAboutOrdinance-1998-1123 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTULLIO Council Bill No. 22 Ordinance No. 1123 Series of 1998 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING TREES AND SHRUBS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 24-2 of the Wheat Ridge Code of Laws is hereby repealed and reenacted to read as follows: Sec. 24-2 Rules and regulations The arborist board shall have the power to promulgate rules, regulations and specifications for the spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges and other plants upon public right of way of any street, alley, sidewalk or other public place in the city, or within any utility easement. Section 2. Chapter 24 of the Wheat Ridge Code of Laws is amended by the addition of a new section 24-15, to read as follows: Sec. 24-15. Public utilities. Public utility work affecting trees, shrubs, vines, hedges, or other plants shall be limited to the actual necessities of the services of the utility company. Such work shall be accomplished in a neat and professional manner, and according to the specifications and rules and regulations as promulgated by the arborist board. The city forester shall be notified before any work is accomplished within utility easements or within the "root zone" as defined in rules and regulations, of said trees, shrubs, vines, hedges or other plants. Section 3. Article II of Chapter 24 of the Wheat Ridge Code of Laws is repealed and reenacted to read as follows: Article II. Tree Surgeons, Etc. Sec. 24-31. License required. It shall be unlawful for any person to engage for hire, or peddling, soliciting or canvassing in the business within the city of planting, pruning, removing, spraying or otherwise treating trees, shrubs or vines, or applying herbicides, insecticides, fungicides, soil conditioners or fertilizers by spraying or disseminating materials by any device other than by hand tools not actuated in whole or in part by compressed air, gas, water or mechanical means or source without first procuring a license thereof from the arborist board. GED\53027\287296.01 Sec. 24-32. Types of license (a) Ornamental plant license: shall authorize the business holding the license to prune or remove small vegetation where the licensee is not required to leave the ground except by use of a step ladder not exceeding the height of twelve (12) feet, and then only for the purpose of shearing evergreens. (b) Large tree license: shall authorize the business holding the license to prune or remove trees of any size (c) Plantinq license: shall authorize the business holding the license to plant trees, shrubs, etc. (d) Spray license: shall authorize the business holding the license to spray or otherwise treat trees, shrubs or vines, or applying herbicides, insecticides, fungicides, soil conditioners or fertilizers. (e) Stumo removal license: shall authorize the business holding the license to remove tree or shrub stumps. (f) Arboriculturallicense: shall authorize the business holding the license to perform all of the above categories, Sec. 24-33. Application. The application for every license to engage in business under the provisions of this article shall specify the types, classifications or kinds of service, constituting all or any part or parts of such business which the applicant desires to perform or render if the same be issued and for the performance and rendition whereof he desires to be licensed. Applications for licenses shall be accompanied with an application fee in the amount established by resolution; provided however that no application fee shall be required for renewal of an existing license. Any change of ownership require a new application and license with payment of fees thereof. No license shall be issued or renewed without the approval of the city forester and arborist board. Sec. 24-34. Examination of applicants. Before any license shall be issued under the provisions of this article, the city forester shall examine the applicant for such license, either orally or in writing or partly orally and partly in writing as the city forester, in his discretion, deems proper, covering the applicant's qualification and competency to engage in the types, classifications or kinds of service for the performance and rendition whereof his application discloses that he desires to be licensed, and who shall require such demonstration of actual practical ability and competence or the furnishing of such evidence of previous satisfactory experience or testing as the city forester, in his discretion, deems proper. GED\53027\287296.01 -2- Sec. 24-35. Contents. Every license issued under the provision of this article shall show upon its face the types, classifications or kinds of service constituting all or any part or parts of such business in which the license therein named is thereby authorized to render or perform. Sec. 24-36. Rules and regulations generally. The arborist board may adopt rules and regulations governing those aspects of the conduct of the businesses defined in sections 24-31 and 24-32 and any and all parts thereof, directly affecting the public health and safety, and requiring the use of such safety appliances, apparatus and equipment as are reasonably necessary for the protection of the workman engaged therein, the public and private property. It shall be unlawful for any licensee hereunder to violate, or fail, neglect, or refuse to comply with any such rules and regulations. Sec. 24-37. Name, city of license to be displayed. All automobiles, trucks, trailers and other vehicles operated by licensee under the provisions of this article for the transportation of the equipment used by him in such business, and all self-propelled, drawn or towed equipment used by any licensee in such business shall have the name and city of such licensee displayed on both sides thereof in plain and legible figures not less than three inches in height, which shall be kept in such condition as to permit the same to be readily distinguished and read at a distance of at least sixty (60) feet, and it shall be unlawful and ground for revocation of his license for any licensee to operate any equipment to be operated or drawn or towed upon the streets, alleys or other public places within the city unless or without the same being so displayed thereon, Sec. 24-38. Failure to obtain license. (a) Any person or business engaging in business as outlined in this chapter shall present proof of his license for inspection upon request of the city forester or his designee. (b) If the person or business is unable to produce proof of the license, or identify the person in whose possession proof of such license could be found, the city forester may order the person or business to cease his operation immediately and not resume such operation until a valid license is obtained. (c) Any person or business who fails to comply with such order or directive may be issued a municipal summons and complaint. (d) Any person or business who fails to comply with an order to obtain a license and continues to engage in business in the city, the city may seize and impound any personal property of the person or business, or his agent, GED\53027\287296.01 -3- located in the city and used in any manner in furtherance of or to facilitate the transaction of the business in the city, The person or business shall be notified of the impoundment and shall have the right to demand an administrative hearing before a hearing officer appointed by the city manager. The hearing shall be held not later than five (5) working days from the date of the seizure, unless the vendor requests a later date. The hearing officer at such hearing shall determine only whether the person or business had a valid arborist license and whether or not the impounded property was used in the furtherance of or to facilitate the transaction of business. If no hearing is demanded or if a hearing is held and it is determined that the property was so used, the impounded property shall be held until the person or business has obtained a license. The determination of the hearing officer shall be appealable to the district court pursuant to Rule 106(a)(4) of the Colorado Rules of Civil Procedure. (e) If the person or business fails to apply for a license within ten (10) days from the date of impoundment the city shall arrange to sell the personal property at a public auction after thirty (30) days public notice by publication not less than two (2) times in a newspaper of general circulation within the city. Such property may be redeemed by the owner at any time prior to sale by paying such license fees, together with such costs as have accrued from the seizure and preparation for sale, Sec. 24-39. Insurance required. No license issued under this article shall be effective and no such license shall be issued until the applicant or licensee shall have file with the city forester a satisfactory public liability insurance policy covering all operations of such applicant licensee in such business in the city in the sum of at least two hundred fifty thousand dollars ($250,000.00) for each person injured and not containing a limitation of liability of less than one million dollars ($1,000,000.00) in case of injury of two (2) or more persons in anyone (1) accident, except that ornamental, planting and fertilizing licenses contain a limitation of liability of less than six hundred thousand dollars ($600,000.00) and in the sum of not less than one hundred thousand dollars ($100,000.00) for damage to property. In addition, Workmen's Compensation insurance satisfying the statutes of the State of Colorado shall be on file with the city forester Should any policy be canceled, the city shall be notified of such within ten (10) days after such cancellation is effective, and a provision to that effect, which shall also place upon the company writing such policy the duty to give such notice, shall be incorporated in each such policy. In the event any such insurance policy at any time fails, in the opinion of the city forester to comply with the provisions hereof or to afford reasonably satisfactory protection to the persons intended to be protected thereby, it shall in writing so notify the licensee and the arborist board and failure to maintain the insurance required hereby shall be a ground for revocation of any such license, or in the discretion of the city forester, for the suspension thereof until the insurance required hereby be so furnished, It shall be GED\53027\287296.01 -4- unlawful for any person to engage in the business defined in this article while his license to do so is for any reason suspended or atter the same is for and reason revoked. Sec. 24-40. Fee; limits on licensee's activity. The annual license fee for every licensee to engage in the business under the provisions of this article or in any type, classification or kind of service constituting all or any part or parts of such business shall be established by resolution and the issuance of such license shall entitle and authorize the licensee therein named to engage in only such types, classifications or kinds of service constituting all or any part or parts of such business shall be designated or shown upon the face of such license. It shall be unlawful and a ground for revocation of such license, for the licensee to engage in any other or different type, classification or kind of service constituting all or any part or parts of business. Sec. 24-41. Violations. It shall be a violation of this chapter to conduct landscape business within the scope of this chapter within the city without a valid license or without an application filed in a timely manner with the city forester. Each day that a business is conducted in violation of this article shall be a separate offense. Sec.24-42 Denial. A license may be denied for any reason that it can be suspended or revoked. Sec. 24-43 Revocation. An arborist license may be revoked by the city forester: (a) When the city forester determines that issuance of the license was illegal or improper. (b) When the license was issued to the wrong person, business or premises or the wrong license was issued. (c) When it appears that the license was obtained by fraud or misrepresentation or false statements within the application. (d) When it appears that the activity conducted pursuant to such license is a public nuisance as defined by this code, state statute, or decided case law. (e) Upon other grounds provided by this code, state statute or decided case law. Sec. 24-44 Suspension. An arborist license may be suspended with or without conditions, by the city forester when the license has, in the opinion of the city forester: GED\S3027\287296.01 -5- (a) Conducted an activity pursuant to such license which violates this Code or state statute. (b) Demonstrated incompetence, as measured by generally accepted industry standards. (c) Misused the license (d) Violated of the provisions or conditions of the license. (e) Failed to comply with any of the license responsibilities imposed by this chapter. (f) Knowingly conspired with a person to permit a license to be used by another person. (g) Acted as an agent, partner, associate or in any capacity with persons to evade the provisions of this article or rules and regulations of the city forester or arborist board. (h) Willfully violated or disregarded any of the provisions of Colorado Statutes regarding the use of pesticides. (i) Repeatedly violated the provisions of this chapter, the rules and regulations of the city forester or arborist board, or repeatedly failed to obey orders in a timely fashion. 0) Acted in a manner which would authorize revocation of a license except actions which make revocation mandatory. (k) Acted in a manner which would authorize suspension provided by this Code. Section 4. Application to Wheat Ridae Greenbelt. The requirements of Sections 24-2,24-15 and 24-31 through 24--44 of Chapter 24 of the Code of Laws, as amended by this Ordinance, shall not apply to the Wheat Ridge Greenbelt between Youngfield and Harlan Streets The Mayor, City Forester and Arborist Board are hereby directed to follow and consider, as appropriate, the Environmental Analysis and Evaluation of Trail Corridors of the Wheat Ridge Greenbelt dated June 9, 1995, in enforcing the provisions of this Ordinance within the Wheat Ridge Greenbelt, as described above. Section 5. Safety Clause, The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 6. Severabilitv: Conflicting Ordinances Repealed. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected GED\S3027\287296.01 -6- thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect fifteen days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 on this 8th day of June, 1998, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for June 22, 1998, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 7 to 0 , this 22nd day of June . 1998. SIGNED by the Mayor on this 26th day of June , 1998. 'dJd :/ A" WANDA SANG, CITY ATTEST' K AS TO FORM BY CITY First Publication' June 12, 1998 Second Publication: July 3, 1998 Wheat Ridge Transcript Effective Date: July 18,1998 GEI>\53027\287296.01 -7-