[HISTORY: Adopted by the City Council of
the City of Greensburg 12-30-1981 by Ord. No. 1153; amended in its
entirety 1-13-2003 by Ord. No. 1861. Subsequent amendments noted where
applicable.]
GENERAL REFERENCES
Trees — See Ch. 246.
A shade tree policy is hereby established for
the City of Greensburg.
As used in this chapter, the following terms
shall have the meanings indicated:
A permit, in writing, as issued by the City Administrator
on forms to be furnished by the City Administrator of the City of
Greensburg.
Any individual, firm, association or corporation.
Any shade tree, shrub or other woody plant within the lines
of any public highway or street, including the sidewalk area, in the
City of Greensburg or that part of any shade tree, shrub or other
woody plant which extends over, upon or within the line of any public
highway or street, including the sidewalk area, in the City of Greensburg.
The application for any permit required hereunder
shall be made, in writing, to the City Administrator upon forms furnished
by him and shall specify the particular kind of work or operation
the applicant desires to perform thereunder and shall state the exact
location and species of any shade tree or trees affected. Permits
shall be effective for such length of time as the City Administrator
shall determine in each case, which shall be indicated on the permit,
and such permit may be revoked at any time at the direction of the
City Administrator upon satisfactory proof that the terms and conditions
upon which the permit had been issued are or have been violated. The
City Administrator may, in his discretion as a condition precedent
to the issuance of the permit, require the applicant to file a bond
satisfactory to the City Administrator or to deposit security satisfactory
to the City Administrator to guarantee the compliance by the applicant
with the terms and conditions upon which the permit is issued.
It shall be unlawful for any person, without
first obtaining a permit from the City Administrator, to cut, plant,
transplant, remove or damage any shade tree; to cut down or interfere
in any way with the main roots of any shade tree; to spray with any
chemicals or insecticides any shade tree; to place any rope, guy wire,
cable, sign, poster or other fixture on a shade tree; or to injure
or misuse or remove any device placed to protect such shade tree,
except in case of immediate necessity for protection of life and property.
This chapter shall be administered by the City
Administrator.
The City Administrator may, with the approval
of the Council, employ and pay or make contract for such personnel
and professional services as may be required in the proper performance
of the duties devolving upon it, and may make, publish and enforce
regulations for the planting, care and protection of the shade trees
of the City. No such regulation shall be enforced until approved by
the Council and until it has been published at least twice as prescribed
by law.
Whenever the City proposes to plant, transplant
or remove shade trees, notice of the time and place of the meeting
at which the work is to be considered shall be given by a publication
in a newspaper published in the City two weeks immediately preceding
the time of the meeting. The notice shall specify in detail the hour
and place of the meeting and streets or sidewalks or portions thereof
upon which trees are proposed to be so planted, replanted or removed.
The cost of furnishing, planting, transplanting
or removing any shade trees or the necessary curbing or grading for
the protection thereof and of the replacing of any pavement or sidewalk
necessarily disturbed in the execution of such work or of the erection
of necessary and suitable guards shall be paid by the owner of the
real estate in front of whose property the work is done. The amount
each owner is to pay shall be ascertained and certified by the City
Administrator to the Council and to the City Treasurer; upon the filing
of the certificate with the Council, the City Administrator shall
cause 30 days' written notice to be given by mail to the person against
whose property an assessment has been made. The notice shall state
the amount of the assessment and the time and place of payment and
shall be accompanied with a copy of the certificate. The amount assessed
against the real estate shall be a lien from the time of the filing
of the certificate with the City Council, and, if not paid within
the time designated in the notice, a claim may be filed and collected
in the same manner as municipal claims are filed and collected. All
shade tree stumps shall be removed to a level of four inches below
the surface of the earth so that the stump shall not project above
the surface of the earth.
A.
Costs and expenses in caring for shade trees after
they have been planted shall be paid by the owner of such property
that a shade tree has been planted upon.
B.
All shade trees shall be kept trimmed by the owners
of the property on or in front of which they are located as follows:
(1)
So as not to interfere with the proper lighting of
public highways by streetlights.
(2)
So that the minimum clearance of any overhanging portion
upon any public highway or street or alleyway shall be 12 feet, provided
that the Municipal/Consulting Engineer shall have the authority to
designate a higher clearance on any public way where heavy traffic
or other conditions make it expedient.
[Amended 9-14-2015 by Ord. No. 2057]
C.
No owners of property shall permit to remain standing
diseased shade trees or parts of trees which would in any way endanger
vehicular or pedestrian traffic on any sidewalk, street or alley opened
to the public.
D.
If any property owner shall neglect or refuse to trim
any shade tree, upon notice, in writing, from the City, with the time
limit specified in such notice, the City may cause such trimming to
be done, at the expense of the owner, and the entire cost thereof
shall be a lien upon said premises, and a claim therefor shall be
filed and collected by the City Solicitor as in the same manner as
municipal claims are filed and collected.
In connection with any building operation or
the performance of any work whatsoever in the City in the vicinity
of any shade trees, before any such work shall be commenced, guards
shall be placed at all shade trees which may be affected by such works
so as to effectively prevent injury.
Any person who shall violate or fail to comply
with any of the regulations of this chapter shall, on conviction thereof,
pay a fine or penalty not exceeding $600 for each and every offense
or be imprisoned for a period not exceeding 90 days, or both such
fine and imprisonment, and, whenever such person shall have been notified
by the City Administrator or by service of a summons or prosecution
or in any other way that he is committing any such violation, each
day in which he shall continue such violation shall constitute a separate
offense punishable by a like fine or penalty. All penalties or assessments
imposed under this chapter shall be paid to the City Treasurer to
be placed to the credit of the general account, subject to be drawn
upon by the City Administrator for the purposes authorized in this
chapter.
A.
The following species and varieties of shade trees are prohibited from being planted within rights-of-way, as described in § 74-2 of this chapter: sycamore, silver maple, box elder, tree of heaven, European Mountain Ash, Asiatic or Chinese Elm, horse chestnut, black locust, all edible fruit trees, all Catalpa varieties, all Morus varieties, all Populus varieties and all Salix varieties.
B.
It shall be unlawful for any person or persons, association,
firm or corporation to plant or cause or allow to be planted, along
any of the streets or alleys in the City of Greensburg or at any location
upon private grounds from which the roots thereof can endanger any
sewer or water main located upon any street or alley, any willow tree
or any Carolina poplar tree.
C.
Removal by City; costs. The owner of property upon
or abutting which any restricted tree species is planted in violation
of any of the provisions of this section shall be responsible for
removing such tree upon notice to do so from the City, in default
of which the City may remove or cause such tree to be removed and
collect the cost of such removal, with an additional amount of 10%
from such defaulting property owner.
