[HISTORY: Adopted by the City Council of the City of Mendota
as Ch. 6, §§ 6.27 through 6.31, and Ch. 31, § 31.20,
of the 1998 Code. Amendments noted where applicable.]
A.
PLACE
PUBLIC HIGHWAYS
TREES
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any parking lot, parkway or other property under the control
or jurisdiction of the City of Mendota.
All land lying between the property line on either side of
all public streets, boulevards and alleys.
Shall not include shrubs which do not grow higher than 15
feet.
B.
Injury to trees and shrubs.
(1)
No person shall molest, break, deface, destroy, interfere with or
in any manner disturb or injure any tree, shrub or plant upon the
public highways or places of the City, nor shall any person set fire
to or permit any fire to burn where such fire or its heat will injure
any portion of any such tree or shrub.
(2)
No person shall knowingly permit any leak to exit in a gas pipe or
main within the root zone of any such tree or shrub.
(3)
No person shall permit any toxic chemical, either solid or liquid,
to seep, drain, or be emptied on or about any tree or shrub.
(4)
No person shall knowingly permit any wire designed to carry electric
current to come in contact with any such tree or shrub unless protected
by approved methods.
(5)
No person shall attach any electric insulation to any tree or shall
excavate any ditches, tunnels, or trenches, or lay any drive within
a radius of 10 feet from any tree or shrubs without first obtaining
a written permit from the City Forester.
(6)
Nothing in this subsection shall be construed so as to apply to the
removal, under the direction of the Forestry Department, or by the
Forestry Department, or any other department or subdivision thereof,
of any tree, shrub or plant or part thereof when such removal shall
be necessary for the construction of any sidewalk, sewer, main, conduit,
or public improvement.
C.
Planting and treating.
(1)
No person shall plant, prune or do surgery work on any tree on any
public highway or place without first obtaining a written permit from
the Forestry Department. The application for such permit shall designate
the location and the species of the trees, shrubs, or plants to be
planted and the method proposed to be followed. The Forestry Department
shall have the authority to refuse the granting of such permit, when
such planting is likely to create a public danger or nuisance or be
detrimental to the growth of adjacent trees.
(2)
It shall be the duty of the Forestry Department to remove or cause
to be removed all trees, shrubs or plants planted upon the public
highway and public places within the City when, in its judgment, such
removal shall be beneficial to the peace, health, and safety of the
public and public improvements, or where the trees, shrubs, or plants,
are detrimental to the growth of adjacent trees.
D.
Permit. Every permit granted by the City Forester shall describe
the work to be done, specify the species or variety, size, grade,
and location; briefly specify the method of planting, method of support
in trimming of all trees and shrubs concerned; and contain a definite
date of expiration. Any permit may be declared void if its terms are
violated.
E.
Conditional permit to remove trees and shrubs. As a condition to
any permit to remove any trees or shrubs, the City Forester may require
that the permittee plant another tree or shrub in place of the one
removed. Whenever such tree has been destroyed or removed pursuant
to any conditional permit, the permittee shall plant another tree
or shrub of the type, size and at the location specified in the permit
within five months of the date of the issuance of the permit.
F.
Fastening materials to trees. No person shall hitch any animal to
a tree or shrub, nor fasten to, for purpose of anchorage, any wire,
rope, chain, or cables, nor shall any person fasten any cards, signs,
posters, boards, or any other article to any tree, shrub or plant
upon any public highway or place within the City.
G.
Protection during building.
(1)
No person shall excavate any ditches, tunnels or trenches within
a radius of 10 feet from any tree, shrub or plant growing upon any
public highway or place within the City without a written permit from
the Forestry Department.
(2)
All trees, shrubs or plants within the limits of any public highway
or place near an excavation shall be safeguarded with a good, substantial
frame box not less than four feet square and six feet high, and all
building material or other debris shall be kept at least four feet
from any tree, shrub or plant.
Every owner of any tree, shrub or plant growing on private property
overhanging a public street within the City of Mendota shall trim
the branches so that they shall not obstruct the light of any street
lamp or obstruct the view of any street intersection, and so that
there shall be a clear space of 10 feet above the surface of the street
or sidewalk. The owner shall remove all dead, diseased, or dangerous
trees growing on private property and overhanging the public highway
within the City and shall remove broken or decayed limbs from such
trees which may be considered a menace to the safety of the public.
It shall be the duty of the Forestry Department to keep all
electric power lines within the City and belonging to the City clear
of all limbs of trees, shrubs or other plants.
No person shall prevent, delay or interfere with the City Forester
or the Forestry Department while engaging in carrying out the provisions
of this chapter.
A.
Nuisance. Trees of all species and varieties of Ulmus (elm) and Zelkova
affected with the fungus Ceratostomella Ulmi, as determined by laboratory
analysis, are hereby declared to be a public nuisance. Trees of all
species and varieties of Fraxinus (ash) infected with the emerald
ash borer are hereby declared to be a public nuisance. Trees so affected
or infested shall be removed and burned within 10 days following notification
of the discovery of such infection or infestation. It shall be unlawful
for any person, being the owner of property whereon such a tree is
situated, to possess or keep such a tree after the expiration of 10
days following notification of the discovery of such infection or
infestation.
B.
Elm bark beetle breeding places. Trees or parts thereof of Ulmus
(elm) or Zelkova in a dead or dying condition that may serve as a
breeding place for the European Elm Bark Beetle, Scolytus Multistriatus,
are hereby declared to be public nuisances, and it shall be unlawful
for the person owning property whereon the same is situated to possess
or keep the same.
C.
Enforcement by City Forester. The City Forester is charged with enforcement
of this section, and to that end may enter upon private property at
all reasonable times for purposes of inspecting trees thereon, and
may remove such specimens as are required for purposes of analysis
to determine whether or not the same are infected or infested. It
shall be unlawful for any person to prevent the City Forester or his
representative from entering on private property for purposes of carrying
out his duties hereunder, or to interfere with the City Forester or
his representative in the lawful performance of his duties under this
section.
D.
Removal of nuisances. The City Forester or his representative shall
give to the owner of the premises where the public nuisances described
in this section are found a written notice of the existence of such
nuisances, and requiring the removal and burning of same within 10
days following such notice, such removal and burning to be done under
the direction and supervision of the City Forester or his representative.
The notice shall also notify the owner of the premises that unless
such nuisance is removed and burned in compliance with the terms thereof
within such ten-day period, the City will proceed with the removal
and burning of such nuisance and assess the cost thereof against the
property owner.
E.
Notice of removal to owner. Service of such notice to remove the
nuisance shall be by personal service where the owner of the premises
is a resident of the City. Where the owner is a nonresident of the
City of Mendota, notice shall be served by registered mail, addressed
to the owner at his last known address, and by publication at least
one time in a newspaper of general circulation in the City. It shall
thereupon become the duty of the owner of the premises to cause the
tree or breeding place to be removed and burned, under the direction
and supervision of the City Forester or his representative. In lieu
thereof, the person charged with such removal and burning may request
that the same be done by the City Forester or his representative.
If the City shall remove and burn any tree or breeding place, all
expenses incurred in connection therewith shall be assessed against
the property owner.
F.
City trees. Trees on City-owned property shall be removed at the
expense of the City.
A.
It shall be unlawful to engage in the business of tree trimming or landscaping in the City of Mendota without first having obtained a license therefor. The annual fee for such license shall be set from time to time by the City Council, and application shall be made in compliance with the general provisions of Chapter 193, Licensing, Article I, of the City Code.
B.
No tree trimmer shall trim any tree on any public parkway or other
property owned by the City without permission of the Superintendent
of Streets.
C.
Any licensee hereunder shall be required to post a surety bond in
an amount set from time to time by the City Council and shall also
be required to provide evidence of liability insurance to the City.
D.
Any licenses issued under provisions of this chapter may be revoked
for repeated violations of this chapter or any provision hereof, or
any other ordinance relating to the work done.
