[HISTORY: Adopted by the Council of the City of Beacon 1-17-1972
as Art. IV of Ch. 23 of the 1972 Code of Ordinances; amended in its entirety
3-16-1992 by L.L. No. 2-1992. Subsequent amendments noted where applicable.]
No shade or ornamental tree or shrub shall be planted in any of the
highways, sidewalks or public places of the City until such tree or shrub
shall have been first approved and the place where it is to be planted designated
by the Administrator and a permit granted therefor. The hole or excavation
prepared for planting such tree or shrub and the space outside the trunk thereof
shall be of such area and prepared in such manner as shall be designated by
the Administrator.
No shade or ornamental tree or shrub in any highway, sidewalk or public
place in the City shall be cut, pruned, broken, climbed, injured or removed,
nor shall the roots, stems, branches or leaves of such tree or shrub be cut,
broken or otherwise disturbed, until and unless a permit therefor has been
granted by the City Clerk.
No person not duly authorized thereto by the Administrator shall spray
any shade or ornamental tree or shrub in a highway, sidewalk or public place
with any chemical or insecticide, nor shall any person place any rope, sign,
poster or other fixture on either a tree or guard thereto, standing in a highway,
sidewalk or public place, or injure, misuse or remove any device placed to
protect such a tree or shrub.
In the erection or repair of any building or structure, the owner thereof
shall place such guards around nearby trees standing in any highway, sidewalk
or public place within the City as shall effectually prevent injury thereto.
A.
All wires charged with electricity extending over any
highway or public place within the City shall be so securely fastened with
wires or otherwise that they shall not come in contact with any tree or shrub
standing or growing in any highway, sidewalk of public place within the City.
B.
No person shall, without written permission of the Administrator,
attach any electrical or other wires, insulators or any device for the holding
of an electric or other wire, or attach or maintain any guy rope, cable or
other contrivance, to any tree growing or planted upon any highway, sidewalk
or public place within the City.
C.
Every person or corporation having any wire or wires
charged with electricity extending over a highway, sidewalk or public place
within the City shall, upon written notice from the Administrator, temporarily
remove any such wire or wires or discontinue the transmission of electric
current through the same when necessary for the safety of workmen engaged
upon trees or shrubs growing in any highway, sidewalk or public place within
the City, and the work of removing such wires or ceasing the transmission
of electricity through the same shall be completed within 24 hours after the
service of a written notice by the Administrator requiring the same.
No person shall prevent, delay or interfere with the Administrator or
his Department or with any of its employees in the planting, trimming, pruning,
spraying or removing of any trees or shrubs standing or growing in a highway,
sidewalk or public place within the City or in the removal of stone, cement
or other substance about the trunk of any such tree or shrub which, in the
judgment of the Administrator, tends to or may retard its growth.
[Added 7-15-1996 by L.L.
No. 8-1996; amended 9-7-2004 by L.L. No.
31-2004]
A.
All persons shall keep their premises, including vacant lots,
whether owned, leased, occupied or in their charge, clear of weeds (including
grass over 10inches tall), brush and unsightly or noxious growth, and if,
after written notice from the Code Enforcement Officer, the weeds (including
grass over 10 inches tall), brush and unsightly growth are not cleared away
within a period of five days from such notice, the Code Enforcement Officer
may cause such weeds (including grass over 10inches tall), brush
and unsightly or noxious growth to be cut and removed where necessary, and
the cost thereof shall thereupon be chargeable to and collected from the owner
of such premises or the persons leasing, occupying or having such premises
in their charge as other taxes or levies are or may be collected, and the
payment of any such charge to the City by any person failing to comply with
such notice shall not bar prosecution for the offense of failing to comply
with this section.
B.
Any property owner who disputes the cost assessed pursuant to this section shall have the opportunity to request a hearing pursuant to Chapter 34, Hearings.
C.
Service of notice. Written notice shall be affixed to or posted
upon such lot or land and shall be mailed to the owner, lessee or occupant
at the last known address of such owner, lessee or occupant via overnight
mail.
[Added 6-2-1997 by L.L. No.
3-1997]
The Street Superintendent shall direct that any trees, branches, shrubs
or other growth that, in the Superintendent's opinion, endangers the users
of a City street or right-of-way be remedied by the owner of said tree, shrub
or growth. In the event that the property owner fails to remedy said dangerous
condition within 10 days after the date of mailing said notice, the Street
Superintendent shall undertake the remediation of said dangerous condition.
The actual cost to the City of said remediation plus a sum equal to 5% of
such actual cost for inspection and other additional costs in connection therewith
shall be certified to the City Administrator. This amount shall become a lien
upon the property on which said tree, shrub or growth was remediated by the
City, and the total amount thereof shall be added to and become due and payable
with the taxes remitted by the property owner upon the next tax bill prepared
by the City.
