[HISTORY: Adopted by the Board of Trustees of Cuba Village 12-8-2003 by L.L. No.
1-2004. Amendments noted where applicable.]
It is the purpose of this chapter to promote and protect the
public health, safety and general welfare by providing for the regulation
of the planting, maintenance and removal of trees, shrubs and other
plants within the Cuba Village.
There is hereby created and established a Village Tree Board
for Cuba Village, which shall consist of five members, citizens and
residents of Cuba Village, who shall be appointed by the Mayor with
the approval of the Cuba Village Board of Trustees. Members of the
Tree Board shall serve without compensation.
The term of the five persons to be appointed by the Mayor shall
be five years. Appointments will expire in a staggered manner that
will result in one appointment per year. In the event that a vacancy
shall occur during the term of any member, his or her successor shall
be appointed for the unexpired portion of the term.
This chapter provides full power and authority over all trees
and shrubs located within street rights-of-way, parks and public places
of the Village of Cuba, and over trees, plants and shrubs located
on private property that constitute a public nuisance or threat as
described herein.
A.Â
CODE ENFORCEMENT OFFICER
CUBA VILLAGE
PUBLIC NUISANCE
STANDARDS AND SPECIFICATIONS
SUPERINTENDENT OF PUBLIC WORKS
TREE BOARD
VILLAGE BOARD
As used in this chapter, the following terms shall have the meanings
indicated:
The Code Enforcement Officer for Cuba Village.
The Village of Cuba.
Any tree, shrub or plant with an infectious disease or insect
problem; dead or dying trees; a tree or limb(s) that obstructs streetlights,
traffic signs, or the free passage of pedestrians or vehicles; or
a tree that poses a threat to safety.
The accompanying section detailing standards and specifications.
The Superintendent of Public Works for Cuba Village.
The Cuba Village Tree Board.
The Cuba Village Board of Trustees.
Before any contract work shall be commenced, each applicant
shall first file evidence of possession of worker compensation and
liability insurance indemnifying the Cuba Village or any person injured
or damage resulting from the pursuit of such endeavor as herein described.
In new subdivisions or when the development of commercial property
occurs, the Tree Board shall review landscaping plans and may require
street trees to be planted in any of the streets, parking lots, parks
and other public places abutting lands henceforth developed and/or
subdivided.
The planting, maintenance and removal of trees shall be accomplished
in the manner specified in the standards and specifications.[1]
No person shall plant, remove, cut above the ground, or disturb
any tree on any street, park, or other public place without first
filing an application with the Cuba Village Board. The person shall
abide by the standards set forth in this chapter.
Upon the discovery of any destructive or communicable disease
or other pestilence which endangers the growth or health of trees
or threatens to spread disease or insect infestations, the Cuba Village
Board shall at once cause written notice to be served upon the owner
of the property upon which such diseased or infested tree is situated,
and the notice shall require such property owner to eradicate, remove
or otherwise control such condition within reasonable time to be specified
in such notice.
A.Â
The Superintendent of Public Works has the authority, upon the approval
of the Cuba Village Board and proper notification of the property
owner, to enter onto private property whereon there is located a tree,
shrub, plant or plant part that is suspected to be a public nuisance
and to order its removal if necessary.
B.Â
Property owner(s) will be notified by registered/return-receipt-requested
mail and given 15 days to notify the Village in writing that he/she/they
intend to remove the public nuisance himself/herself/themselves. Within
30 days from notifying the Village of his/her/their intent to remove
the public nuisance, the subject tree(s), shrub(s), plant(s) or plant
part(s) shall be removed or the property owner will provide a written
agreement from a removal company that they have been contracted to
remove said public nuisance within a reasonable time.
C.Â
If the public nuisance is not removed within 120 days from the date
of the initial notice to the property owner(s) from the Village, then
in such event, the Village may enter upon the premises and remove
the public nuisance, and the property owner will be responsible to
reimburse the Village for the cost of removal of the public nuisance.
In the event of nonpayment by the property owner for removal of the
public nuisance by the Village, then in such event, said cost of removal
shall become a lien on the property.
A.Â
The Village Board shall have the power to make known by public declaration
and enforce rules, regulations and specifications concerning the trimming,
spraying, removal, planting, pruning and protection of trees, shrubs,
vines, hedges and other plants upon the right-of-way of any street,
alley, sidewalk, or other public place in the Village.
B.Â
Rule making and adoption of this legislation shall be accomplished
by the Village Board under the advisory of the Tree Board. The Tree
Board shall review this legislation no less than every five years.
C.Â
Enforcement of this legislation shall be directed by the Code Enforcement
Officer.
A.Â
Violation. Any person who violates any provision of this chapter
or who fails to comply with any notice issued pursuant to provisions
of this chapter, upon being found guilty of violation, shall be subject
to a fine not to exceed $250 for each separate offense. Each day during
which any violation of the provisions of this chapter shall occur
or continue shall be a separate offense. If, as a result of the violation
of any provision of this chapter, the injury, mutilation or death
of a tree, shrub, or other plant located on Village-owned property
is caused, the cost of repair or replacement, or the appraised dollar
value of such tree, shrub, or other plant, shall be borne by the party
in violation. The 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.
B.Â
Assessment of claim. In the event that a nuisance is not abated by
the date specified in the notice, the Superintendent of Public Works
is authorized to cause the abatement of said nuisance. The reasonable
cost of such abatement shall be filed as a lien against the property
on which the nuisance was located. In addition, the owner of the property
on which the nuisance was located shall be subject to prosecution.
C.Â
Appeals. Appeals shall be made to the Village Tree Board within 30
days, and the same must be in writing.
The Cuba Village Urban Forestry Program shall be financed in
accordance with the Tree City USA policy of no less than $2 per capita.
A.Â
Tree species. The Village Board develops and maintains a list of
desirable trees for planting along streets in three size classes:
small, medium and large.
B.Â
Spacing. The spacing of street trees will be in accordance with the
three species size classes listed in this chapter and no trees may
be planted closer together than the following: small trees, 30 feet;
medium trees, 40 feet; and large trees, 50 feet; except in special
plantings designed or approved by a landscape architect.
C.Â
Utilities. No street trees other than those species listed herein
as small trees may be planted under or within 10 lateral feet of any
overhead utility wire, or over or within five lateral feet of any
underground waterline, sewer line, transmission line or other utility.
D.Â
Distance from curb and sidewalk. The distance trees may be planted
from curbs or curblines and sidewalks will be in accordance with the
three species size classes listed in this chapter, and no trees may
be planted closer to any curb or sidewalk than the following: small
trees, two feet; medium trees, three feet; and large trees, four feet.
E.Â
Topping. It shall be unlawful as a normal practice for any person,
firm or city department to top any street tree, park tree, or other
tree on public property. "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 obstructions where other pruning practices are impractical,
may be exempted from this subsection at the determination of the Village
Tree Board.
F.Â
Preservation. Developers may be required to preserve a percent of
forested tracts, plant trees in open space, or pay into a Cuba Village
tree planting fund so that there is no net loss of tree cover.
G.Â
Permission to tap sugar maple trees within Cuba Village rights-of-way,
parks and public places must be obtained from the Village Board. There
will be no tapping of sugar maple trees that are under 10 inches in
diameter. There will be no tapping of sugar maple trees with dead
branches or other signs of decomposition.
H.Â
Trees may not be enclosed with blacktop or other substance that will
prevent proper watering or space for growth.