HomeMy WebLinkAboutD-1092 DEFEATEDOrdinance D' ~O9 2j
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF ARMEL,
INDIANA, AMENDING CHAPTER 6, ARTICLE 4, SECTION 6-64,
ENTITLED, PLANTING AND REMOVAL OF TREES AND SHRUBS
WHEREAS, the selection, planting, maintenance and remova. ~rees,
and shrubs along public ways and on public grounds s ~ntially
affect such matters as pedestrian and vehicle City
liability for that safety, the location and mainten. of utility
services, tree maint cost, the 'dence o ee diseases,
the general appearance ~e cityscap and the !ral quality of
life of the City; and,
WHEREAS, i t i s hereby f c
planting, maintenance and
over which the City should
Ordinance.
NOW, THEREFORE, BE
Carmel , Indiana,
Section 6-64
ermined
are mat
'ise the
the C~
suc elections,
~ City e concern
'. set this
co '
u he C1 ty of
(a)
The City
planting '
not
be
a dvan t
ada
exi s
,vide a 1~ 'of tre
c places the city
~d wel These
for plan
to
~ecause of :ain cha
lands
· ks
undesirable for
to insure the
e trees shall
their use shall
can be used to
of
ibi 1 i ty with
(b)
The
sp
desi
vari
· ence
lists
tra t es
tee species, varieties and
i c spaces. Other
be added or deleted as
ty.
(d)
· es sr t-~ .~ ~
rabl e ?es m ~. plan
ten ~ ~rmLn
If sul ~ecial permi~ lasn been received, the cost of
re ~nd replacement .... the undesirable trees shall be
to the individual or firm who planted the trees·
on the City's list of
as Street Trees without
~e City.
(e)
~ner or person in control of the dominant real estate
3ent to the area between the street and the sidewalk
/or property line on which any removal of the tree or
~rub if such removal is necessary. If after notice from the
rity, the said owner or person in control fails to remove a
dead tree or shrub or any dead or dangerous limbs or branches
(f)
(g)
(h)
(i)
(k)
thereon, the City may remove said shrub or limbs and collect
the cost thereof from the owner.
If any tree or shrub planted pursuant to this Section shall,
in the opinion of the Board of Public Works and Safety,
create a hazardous obstruction to vision which may endanger
vehicular or pedestrian traffic, then said tree or shrub
shall be appropriately trimmed or removed pursuant to the
procedure as described in subsection (e).
If any tree or shrub planted pursuant to this Section shall
cause damage to any street, curb or sidewalk, then said tree
or shrub causing such damage shall be removed and the damage
repaired by the dominant land owner or person in control as
set forth in subsection (e).
The City of Carmel and all public utilities retain their
ownership and right to access to the area between the street
and the property line of the dominant owner and retain the
right to reasonably remove any tree or shrub impeding
necessary work to be performed by the City and/or all public
utilities, or other properly authorized users.
Public utilities are not exempt from the responsibility for
the replacement of Street Trees which must be removed due to
construction and maintenance unless otherwise directed by the
City.
Public utilities may trim Street Tree roots and branches as
necessary for the maintenance of utility service as prescribed
by state law and the City of Carreel. The cost of such tree
care is not the responsibility of the City.
Penalty. Violation of any provision of this Section shall be
deemed an Ordinance Violation and any person violating the
provisions hereof shall be fined an amount not to exceed Fifty
Dollars ($50.00) for such violation
PASSED by the Common Council of the City of Carmel, Indiana this
of , 1994.
ATTEST:
T.E. Johnson, Presiding Officer
Susan W. Jones, Clerk-Treasurer