AN ORDINANCE REGULATING THE PLANTING AND MAINTENANCE OF TREES AND OTHER WOODY VEGETATION ON PUBLIC AND PRIVATE PROPERTY IN THE CITY OF WABASSO AND ESTABLISHING PENALTIES FOR VIOLATIONS
SECTION 1. DEFINITIONS.
Street Trees: “Street Trees” are herein defined as trees, shrubs, bushes and all other woody vegetation on land lying between property lines on either side of all streets,avenues, boulevards, or with the City.
Park Trees: “Park Trees” are herein defined as trees, shrubs, bushes and all other woody vegetation in public parks and all areas owned by the City, or to which the public has free access as a park.
Section 2. CITY TREE INSPECTION.
Subd. 1. The City Council shall designate a City Tree Inspector to administer aand enforce provisions of this ordinance.
SECTION 3. SPACING AND LOCATION OF STREET TREES.
Subd. 1. Corners, Fire plugs and driveways. No street tree shall be planted closer than 35 feet to any street corner, measured from the point of the nearest intersecting curbs or curblines. No street tree shall be planted closer than 15 feet from a fireplug, nor within 5 feet of any driveway.
Subd. 2. Utilities. No street trees may be planted under, or within 10 level feet of any overhead utility wire; or over or within 10 lateral feet of any underground water line, sewer line, transmission lines, or other utility.
SECTION 4. PUBLIC TREE CARE.
Subd. 1. Care of Street Trees. The City of Wabasso shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the lines of all streets, alleys, avenues, squares, and public grounds as may be necessary to insure the public safety or to preserve or enhance the symmetry an beauty of such public grounds. No other planting may be done without the consent of the City Council. All stumps of Street and Park Trees shall be removed below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
Subd. 2. Removal of Trees Endangering Utilities or Other Public Improvements. The City Tree Inspector may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvement, or is affected with any injurious fungus, insect, or other pest.
Subd. 3. Trees on Private Property. It shall be unlawful for any person to allow the following conditions to exist on their property:
- The roots of any tree or shrub which causes the surface of the public street, curb, or sidewalk to be upheaved or otherwise disturbed.
- Any tree, shrub or portion thereof which, by reason of location or conditions, constitutes an imminent danger to the health, safety or well-being of the general public.
- The keeping or the storing of Elm wood in the City, unless bark has been removed, between May 15 and September 15 of each year.
The City Tree Inspector shall have the authority to order the trimming, treatment, and removal of trees, shrubs or plants upon private property when such action is deemed necessary to public safety or to prevent the spread of disease or insects to trees, shrubs or plants located on private property. Any trees or shrub situated upon private property, but so situated as to extend its branches over the improved portion of a public street or highway easement, shall be trimmed by the owner of the real property upon which the same is located so that is a clear height of at least 14 feet over that portion of such easement that is used for pedestrian travel; and such persons shall remove dead or diseased branches or stubs of trees which are or may become hazardous to the public use of such easement. Any trees obstructing traffic control signs or devices from the view of the pedestrian or motorist shall be pruned to a height sufficient to ensure proper safety of motorists and pedestrians.
All orders to trim, remove, or treat trees, shrubs, or plants given pursuant to this section shall be in writing and shall be served in person or by first class mail upon the owner of the property where such trees, shrubs, or plants are located. Such orders shall afford the owner of the property not less than 14 days from the date of the mailing of such notice to comply with such order. It shall be unlawful for any owner of property receiving such an order to fail to comply with the order in the time specified.
If the required action is not taken by the property owner within the specified time, the City Tree Inspector may cause the trees, shrubs, or plants concerned to be trimmed, removed, or treated, with the costs being borne by the property owner. In not voluntarily paid to the City by such owner, the costs of such trimming, removal, or treatment may be recovered by the City by special assessment upon the property owner.
SECTION 5. TREE TOPPING.
It shall be an unlawful practice for any person, firm, or City department to top any Street Tree, Park Tree, or other tree on public property without authorization from the City Tree inspector. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter 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 obstructions where other pruning practices are impractical may be exempted from this ordinance at the determination of the City Tree Inspector.
SECTION 6. DEAD OR DISEASED TREE REMOVAL ON PRIVATE PROPERTY.
The City shall have the right to cause the removal of any dead or diseased tree on private property within the City.
SECTION 7. INTERFERENCE WITH CITY TREE INSPECTOR.
It shall be unlawful for any person to prevent, delay, or interfere with the City Tree Inspector, or any of his agents, while engaging in and about the planting, cultivating, mulching, pruning, spraying, or removing any Street Trees, Park Trees, or trees on private grounds, as authorized by this ordinance.
SECTION 8. DESTRUCTION OF TREES ON PUBLIC PROPERTY.
It shall be unlawful for any person to remove, alter, or destroy any Street Tree or Park Tree without the proper authorization of the City Tree Inspector.
SECTION 9. RIGHT OF REVIEW BY COUNCIL.
Any person aggrieved by any ruling or order by the City Tree Inspector may appeal to the City Council., which shall hear the matter and make a final decision. The City Council shall have the right to review the conduct and decisions of the City Tree Inspector. The City Council may modify, affirm, or reserve any determination of the City Tree Inspector.
SECTION 10. PENALTY.
Any person, firm, or corporation who violates any provision of this ordinance shall be guilty of a misdemeanor and may be punished by a fine of not more than $700 or imprisonment for not more than 90 days or both. In addition thereto, the costs of prosecution may be posed upon the defendant, and the Court shall order restitution to the City for damage to the tree on public property.
SECTION 11. EFFECTIVE DATE.
This ordinance is effective from and after its passage and publication.
Passed by the City Council of Wabasso this 8th day of December, 1997.
John VanLoy
Attest: Mayor
Marilyn Davis
City Clerk