Loading...
HomeMy WebLinkAbout24 - TREES & SHRUBS . e . e . Arborist. Rules and regulations. Care for trees and collect costs thereof. Owner of property abutting public place required to prune, remove, etc., tree, shrub, etc., projecting over public property. Effect of property owner's failure to observe notice to prune, remove, etc. Removal of dead or dangerous trees. Ic:fected or infested trees-Power of arborist board. Same-Notice to owner to remove or control condition. Same-Failure to comply. Planting, maintenance of trees and plant growth on public right-of-way-Generally. Sec. 24-11. Same-Authority of mayor. Sec. 24-12. Species of trees. Sec. 24-13. Spacing of trees. Sec. 24-14. Permit to cut, prune, remove, treat, etc., upon public place. Sec. 24-15. Public utilities. Sees. 24-16-24-30. Reserved. See. 24-1- Sec. 24-2. See. 24-3. See. 24-4. Sec. 24-5. Sec. 24-6. Sec. 24-7. Sec. 24-8. Sec. 24-9. Sec. 24-10. Sec. 24-31- Sec. 24-32. Sec. 24-33. See. 24-34. See. 24-35. Sec. 24-36. Sec. 24-37. Sec. 24-38. Sec. 24-39. Sec. 24-40. Sec. 24-41- See. 24-42. See. 24-43. Sec. 24-44. Chapter 24 TREES AND SHRUBS. Article L In General Article ll. Tree Surgeons, Etc. License required. Types of licenses. Application. Examination of applicants. Contents. Rules and regulations generally. Name. city of license to be displayed. Failure to obtain license. Insurance required. Fee; limits on licensee's activity. Violations. Denial. Revocation. Suspension. "'Cross reference-Arborist board, ~ 2-58. State law reference-Home role powers, Col. Const. Art. :xx, ~ 6. Supp. No. 21 1567 . e . e . TREES AND SHRUBS *24-8 ARTICLE I. IN GENERAL See. 24-1. Arborist. The city council, with the advice ofthe arborist board, shall appoint a city arborist for the city. The city arborist shall be responsible to the arborist board for the performance of work as detailed and assigned by the arborist board. (Code 1977, ~ 22-3) 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. (Code 19'17, ~ 22-4; Ord. No. 1998-1123, ~ 1, 6-22-98) Sec. 24-3. Care for trees and collect costs thereof. The mayor, through the arborist board, shall have the power to prune, spray, remove, plant and protect all trees, shrubs, vines and hedges upon the public right-of-way of any street, alley, side- walk or other public place. (Code 1977, ~ 22-5) See. 24-4. Owner of property abutting pub- lic place required to prune, reo move, etc., tree, shrub, etc., pro.. jecting over public property. The mayor shall also have the power to require the owner of property abutting on the right-of- way of any street, alley, sidewalk, or other public place to prune, remove or properly care for any tree, shrub, vine, hedge or other plant which may project beyond the properly line of such owner, onto or over public property in an undesirable manner. (Code 1977, ~ 22-6) Supp. No. 21 Sec. 24-5. Effect of property owner's failure to observe notice to prune, reo move, etc. If the property owner refuses or neglects to prune, protect or remove any such tree, shrub, vine, hedge or other plant within ten (10) days after receipt of written notice from the city arborist so to do, the city arborist may do or cause to be done the necessary work incident thereto, and the expense thereof shall be recovered from the owner of such property in a proper action at law. (Code 1977, ~ 22-7) Sec. 24-6. Removal of dead or dangerous trees. It shall be the duty of the owner or occupant of any property to remove any dead trees or dead, overhanging boughs dangerous to life, limb or property located on the premises of such owner, upon receipt of written notice from the city arborist so to do and within such reasonable time as specified in such notice. (Code 1977, ~ 22-8) Sec. 24-7. Infected or infested trees-Power of arborist board. The arborist board is empowered to inspect any trees, shrubs, vines, hedges, plants, logs or branches existing or growing upon any property within the city. The city arborist or his authorized represen- tatives, shall from time to time conduct surveys to determine if any destructive or communicable disease or other pestilence exists which may be detrimental or endanger the good health and well-being of trees or other plant life in the city. (Code 1977, ~ 22-9) Sec. 24-8. Same-Notice to owner to remove or control condition. Upon discovery of any destructive or communi- cable disease or other pestilence which endangers the growth, health, life or well-being of other trees or plants or which is capable of causing an epi- demic spread of communicable disease or insect infestation such as Dutch elm disease, the mayor or the city arborist shall at once notify in writing the owner, agent or occupant of the premises whereon the same are located of the condition 1569 ~ 24-8 WHEAT RIDGE CITY CODE thereof, and direct such owner, agent or occupant to eradicate, remove or otherwise control such condition within a reasonable time to be specified in such written notice. (Code 1997, ~ 22-10) Sec. 24.9. Same-Failure to comply. (a) It shall be unlawful for the owner, agent or occupant to fail or refuse to comply with the terms of the written notice provided for in section 24-8. (b) Should the owner, agent or occupant fail or refuse to comply with the terms of the written notice provided for in section 24-8, the city arborist or his authorized representatives may enter upon the premises and arrange to remove, threat or otherwise care for the competitive bids or other appropriate means, infected or infested trees, shrubs, vines, hedges, plants, logs or branches in order to eradicate, control or prevent the spread- ing of any threatening communicable disease or insect infestation. The expenses of such opera- . tions shall be recovered from the owner, agent or occupant in a proper action at law. (Code 1977, ~ 22-11) Sec. 24.10. Planting, maintenance of tree and plant growth on public right-of- way-Generally. Planting on public right-of-way areas by own- ers of abutting properties are a privilege allowed by the city under certain regulations with the provision that the property owner or owners there- after will be responsible for acceptable mainte- nance and removal of such growth in accordance with municipal ordinances and regnlations. (Code 1977, ~ 22-12) Sec. M.ll. Same-Authority of mayor. The mayor, through the arborist board and the city arborist, is authorized to prune, spray, treat, remove or otherwise care for trees, shrubs, vines and hedges upon that portion of the public right- of-way upon which such premises abut, whenever the condition of such trees or plants interferes with, obstructs or in any way endangers the safe public use of streets, alleys, sidewalks, or other public places. Whenever any tree or other plant upon that portion of the public right-of-way is in Supp. No. 21 such condition as to jeopardize its own health or the well-being of other trees or plants by virtue of insect pestilence or disease, the mayor, through the city arborist, is authorized to prune, spray, treat, remove or otherwise care for such trees or plants. (Code 1977, ~ 22-13) Sec. 24.12. Species of trees. It shall be unlawful to plant upon any public right-of-way or other public place in the city any trees, shrubs or other plants than as prescribed in rules and regulations promulgated by the mayor through the arborist board. (Code 1977, ~ 22-15) Sec. 24-13. Spacing of trees. It shall be unlawful to space trees, shrubs or other plants upon the public right-of-way or other public place within the city other than as pre- scribed in rules and regulations promulgated by the mayor through the arborist board. (Code 1977, ~ 22-16) Sec. 24.14. Permit to cut, prune, remove, treat, etc., upon public place. Unless otherwise authorized by the mayor, and except for routine upkeep and maintenance, it shall be unlawful to cut, prune, spray, remove, treat or plant any tree, vine, shrub, hedge or other plant upon the public right-of-way or other public place within the city without first having ob- tained a permit from the mayor or his designated agent. (Code 1977, ~ 22-17) 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 for- ester shall be notified before any work is accom- 1570 . e . . . . e . . . TREES AND SHRUBS ~ 24-34 plished within utility easements or within the "root zone" as defined in rules and regulations, of said trees, shrubs, vines, hedges or other plants. (Ord. No. 1998-1123, ~ 2, 6-22C98) Sees. 24-16-24-30. Reserved. ARTICLE IT. 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 viiies, or applying herbicides, insecti- cides, fungicides, soil conditioners or fertilizers by spraying or disseminating materials by any de- vice other _than by hand tools not actuated in whole or in part by compressed air, gas, water or mechanical means or source without first procur- ing a license thereof from the arborist board. (Ord. No 1998-1123, ~ 3, 6-22-98) 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 lieense shall authorize the busi- ness holding the license to prune or remove trees of any size. (c) Planting license shall authorize the busi- ness holding the license to plant trees, shrubs, etc. "Editor'. note-Ord. No. 1998-1123, ~ 3, adopted June 22, 1998, repealed and re-enacted provisions set out as Ch. 24, Art. II. Former provisions pertained to similar subject matter and were derived from Code 1977, ~~ 22-18-22-26; and Ord. No. 1996-1026, adopted May 13, 1996. Cross reference-Licenses, permits and miscellaneous business regulations, Ch. 11. Supp. No. 21 (d) Spray licensee shall authorize the business holding the license to spray or otherwise treat trees, shrubs or vines, or applying herbicides, insecticides, fungicides, soil conditioners or fertil- izers. (e) Stump removal license shall authorize the business holding the license to remove tree or shrub stumps. (f) Arboricultural license shall authorize the business holding the license to perform all of the above categories. (Ord. No. 1998-1123, ~ 3, 6-22-98) 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 ser- vice, 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 pay- ment offees thereof. No license shall be issued or renewed without the approval of the city forester and arborist board. (Ord. No. 1998-1123, ~ 3, 6-22-98) 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 qualifica- tion and competency to engage in the types, classifications or kinds of service for the perfor- mance and rendition whereof his application dis- closes that he desires to be licensed, and who shall require such demonstration of actual prac- tical ability and competence or the furnishing of 1571 ~ 24-34 WHEAT RIDGE CITY CODE such evidence of previous satisfactory experience or testing as the city forester, in his discretion, deems proper. (Ord. No. 1998-1123, ~ 3, 6-22-98) Sec. 24.35. Contents. Every license issued under the provision of this article shall show upon its face the types, classi- fications or kinds of service constituting all or any part of parts of such business in which the license therein named is thereby authorized to render or perform. (Ord. No. 1998-1123, ~ 3, 6-22-98) See. 24-36. Rules and regulations generally. The arborist board may adopt rules and regn- lations governing those aspects of the conduct of the businesses defined in section 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. (Ord. No. 1998-1123, ~ 3,6-22-98) Sec. 24-37. Name, city of license to be dis. played. All automobiles, trucks, trailers and other ve- hicles operated by licensee under the provisions of this article for the transportation of the equip- ment 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 (3) 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 lic- ensee to operate any equipment to be operated or Supp. No. 21 drawn or towed upon the streets, alleys or other public places within the city unless or without the same being so displayed thereon. (Ord. No. 1998-1123, ~ 3, 6-22~98) Sec. 24.38. Failure to obtain license. (a) Any person or business engaging in busi- ness as outlined in this chapter shall present proof of his license for inspection upon request of the city forester of his designee. (b) If the person or business is unable to pro- duce 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, located in the city and used in any manner in furtherance of or to facil- itate 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 busi- ness 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 hear- ing 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. 1572 . e . . . . e . e . TREES AND SHRUBS ~ 24-43 (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 prep- aration for sale. (Ord. No. 1998-1123, ~ 3, 6-22-98) 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 filed with the city forester a satisfactory public liability insur- ance policy covering all operations of such appli- cant 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 ofliability ofless than one million dollars ($1,000,000.00) in case of injury of two (2) or more persons in anyone 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 sat- isfactory 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 Supp. No. 21 furnished. It shall be 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 after the same is for any reason revoked. (Ord. No. 1998-1123, ~ 3, 6-22-98) 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. (Ord. No. 1998-1123, ~ 3, 6-22-98) Sec. 24-41. Violations. It shall be a violation of this chapter [article] to conduct landscape business within the scope of this chapter within the city without a valid li- cense 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. (Ord. No. 1998-1123, ~ 3,6-22-98) Sec. 24-42. Denial. A license may be denied for any reason that it can be suspended or revoked. (Ord. No. 1998-1123, ~ 3, 6-22-98) Sec. 2443. 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 im- proper. 1573 ~ 24-43 WHEAT RIDGE CITY CODE (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 con- ducted 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. (Ord. No. 1998-1123, ~ 3, 6-22-98) Sec. 24-44. Suspension. An arborist license may be suspended with or without conditions, by the city forester when the licensee has, in the opinion of the city forester: (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 [any] of the provisions or condi- tions of the license. (e) Failed to comply with any of the license responsibilities imposed by this chapter [article] . (1) 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 regard- ing the use of pesticides. (i) Repeatedly violated the provisions of this chapter, the rules and regnlations of the city forester or arborist board, or repeat- edly failed to obey orders in a timely fashion. Supp. No. 21 (j) 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. (Ord. No. 1998-1123, ~ 3, 6-22-98) Sees. 24.45-24-48. Reserved. [The next page is 16231 1574 . e . e .