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Home My WebLink AboutOrdinance-1999-1157 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DiTullio CouneIl Bdl No Ord1l1ance No ]] 17 R Senes of 1999 TITLE AN ORDINANCE REPEALING AND REENACTING CHAPTER 24 , ARTICLE I OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO THE REGULATION OF TREES AND SHRUBS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO Section 1. ArtIcle 1 of Chapter 24 of the Wheat RIdge Code of Laws is repealed and re-enacted to read. Sec. 24 - 1. Purpose It IS the polIcy of the city to serve the public health, safety and welfare by promot1l1g and protect1l1g trees, shrubs, hedges and other plants because of the ul1lque benefits they provIde 111 enhanc1l1g commumty appearance, wildlife habItat and asslstmg 111 the natural control of envIronmental condItIons. See. 24 - 2. City Forester The cIty manager shall appoint a CIty forester, who shall be an employee of the parks and recreatIOn department. Sec. 24 - 3. Powers and duties of city forester. The cIty forester shall have junsdlctlOn and supervISIOn over all trees and other plants grow1l1g on publIc property within the cIty; and over all trees and other plants located on pnvate property that constItute a nuisance, a safety hazard to persons or property; a health hazard to other trees and plants, or prevents the safe use of any publIc area. Sec. 24 - 4. Rules and Regulations. The arbonst board shall have the power to promulgate rules, regulatIOns and speCIficatIOns for tree maintenance activIties upon any publIc property or utilIty easement. - - Sec. 24 - 5. Inspection of private property. The Clty forester shall have the right to enter pnvate property in order to mspect trees and other plants durmg normal working hours, following no less than thirty (30) days written notice of such entry to the property owner or at an earher time by mutual agreement between the forester and property owner. In the event the Clty forester determmes an emergency to exist requiring immedIate entry, no wntten notice shall be reqUIred, The CIty forester shall from time to tIme conduct surveys to determine If any destructIve or communicable disease or other pestilence eXIsts which is detrimental or endangers the good health and well-bemg of trees or other plant life m the city Sec. 24 - 6. Control of trees, shrubs, etc. a) It shall be the duty of the owner, agent or occupant of any property to remove any dead or dY1l1g tree, shrub, etc., or any portIon oftree, shrub, etc , WhICh interferes wIth, obstructs, or m any way endangers the safe use of publIc areas or utility easement; eradIcate, remove, or otherWIse control such condItIOns of pestilence, upon wntten notIce from the CIty forester so to do and wlthm such reasonable tnne as specIfied on the notIce, unless the City Forester determ1l1es that a shorter penod IS reqUIred for the protection of the pubhe health, safety or welfare, such reasonable tIme shall not be less than thIrty (30) days. The notIce may be malled by certltied mall to the owner of the property, personally delivered, or posted or left at the property concerned. b) If the property owner refuses or neglects to fultill the reqUIrements of the notIce withm ten (10) days after the date specIfied m the wntten notIce from the cIty forester so to do, the city forester 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 the manner proVIded in thIS artIcle. Sec. 24 -7. Planting, maintenance of trees, shrubs, etc., on public property. Unless otherwise authonzed by the CIty forester, and except for routine upkeep and ma1l1tenance, It shall be unlawful to cut, prune, spray, remove, treat or plant any tree, shrub, etc., upon the publIc nght of way or other publIc place WIthout first hav1l1g obtamed a permIt from the city forester Sec. 24 - 8. Injuring trees on public property. a) It shall be unlawful to mjure, damage or destroy any tree, shrub, etc. on any publIc property wlthm the cIty Any person who shall InJure, damage or destroy any tree, shrub, etc on any publIc property withm the cIty shall notIfy the cIty forester of such occurrence and shall wlthm a reasonable time repalr or replace the tree, shrub, etc , to the satIsfactIOn of the CIty forester .., b) Should any person faIl or refuse to repaIr or replace the damaged or destroyed trees, shrubs, etc., wlthm a reasonable time, the cIty forester shall do or cause to be done the necessary repalflng or replacement, and the costs recovered m a manner provIded 111 thIs artIcle. Sec. 24 - 9. Appeals. Any person aggneved by the decISIon of the cIty forester may, wlthm thirty (30) days of such deCISIon, file a wntten appeal WIth the arbonst board. The arbonst board shall conduct a heanng on the appeal wlth1l1 thIrty (30) days of ItS filmg, Wntten notIce of the heanng shall be gl\:en to the city forester and the property owner. At the heanng, the cIty forester and the propcrty owner shall have the nght to present witnesses and eVIdence, and the nght of cross eXam1l1atlOn. After the heanng, the arbonst board shall act by maJonty vote to (1) uphold, (2) reverse, or (3) modIfy the deCISion of the city forester The decision ofthc board shall be reviewable under Rule 106, c.R.c.p Sec. 24 -10. Cost Reeovery. The cIty forester is hereby authonzed to recover the costs of enforcement of the proVISIOns of thIS chapter from the owner of the affected property m the manner prOVIded at SectIOns 15-6 and 15-9 of thIS Code, or of SS 31-20- I 05-1 07. eR.S., or by civil actIOn. Sec. 24 - 11. Public Utilities. PublIc utility work affectmg trees, shrubs, vmes, hedges, or other plants shall be limited to the actual necessities of the services of the utility eompany 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 2. Safety Clause. The CIty Council hereby finds, determ1l1es, and declares that thIS Ordmanee is promulgated under the general polIce powers 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 determmes that the Ord1l1ance bears a ratIOnal relatIOn to the proper legIslative object sought to be atta1l1ed. Section 3. Severability; Conflictine Ordinances Repealed If any sectIOn, subsection or clause of thIS ord1l1ance shall be deemed to be uneonstitutlOnal or otherWIse invalId, the valIdity of the remamIng sectIOns, subsectIOns and clauses shall not be affected thereby, All other ordmanees or parts of ordmances 111 conflIct WIth the proVISIOns of thIS ordinance are hereby repealed. 3 Section 4. 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 -.1. to --L on thIS ~ day of Apnl, 1999, ordered publ1shed in full In a newspaper of general circulatIOn n the CIty of Wheat RIdge and Publ1c Heanng and consIderatIOn on final passage set for May 10, 1999, at 700 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 5 to ----L , thIS 10thday ()r' M~Y , 1999 / I - \ ' '1\ / \, r" . /- '. , I'J/vl." / . ~ 'J L I \ " '<-(,_ i I ~ !' <\IRETCHEN CERVENY, MA YdR , FIrSt PublIcatIOn: April 30, 1999 Second PublicatIOn: May 14. 1999 Wheat RIdge Transenpt EffectIve Date, May 29. 1999 4