HomeMy WebLinkAboutD-199 Trees Shrubs/Sts.&Sidew 181
04 O=IN C . NO. doo '15
~ o~INANCE REGULATING THE PLATING OF T~ES AND SHRUBS BET~EN~
ST~ETS ~D SIDEW~KS-
BE IT O~AINED by the Co.on council of the City of Carmel,
to-wit:
Section 1. - Planting of Trees and Shrubs
within the City of Carmel, no person shall plant trees or
shrubs between the street and the sidewalk and/or property line ex-
cept that the owner or person in control of the dominant real estate
between the street and the sidewalk and/
may plant trees, or shrubs. · · ~ no tre ~_ shrub shall exceed
~r property line provided that. ~! ) .~_ ~a~b~ no shrub exceed-
a m~ximum height of 18 feet at maturl~ --~r't~ee is planted at '
· - ~ .... h~ht of 3 feet at maturity _ _ .. ~,~l~
lng.a ma~m~ ,~ ehan 20 feet from any other tree or shrub/~-
a d~stance o~ ~= ......
Section Duty of Property Owners
The' owner or person in control of the dominant real estate
adjacent to the area between the street and the sidewalk and/or
property line on which any tree or shrub is planted pursuant to
Section 1 above shall be responsible for the maintenance and re-
moval of the tree or shrub if such removal is necessary. If after
notice from the City, the said owner or person in control fails
to remove a dead tree or shrub or any dead or dangerous limbs or
branches thereon, the City may remove said shrub or limbs and col-
lect the cost thereof from the owner- ~ ~
.... t ~ C ~5
Section 3. - Obstruction of V~s~b~lz Y ~f~%~
' r~~~s~ant t? Section 1 above shall,
If any tree or ~ · ~% nf t~e Citv of Carmel, create
in the oplnlon of t~. ~~h~h-mav endanger vehicular
a hazardous obstruc=lon to ¥~o~on wh ....
or pedestrian traffic, then said tree or shrub shall be appropriately
trimmed or removed pursuant to the procedure as describ~d~in Sec-
tion 2 above. This Instrument Recorded ~'~/ 1979
~ R
Section 4. - Damage to Street and/o~~' REu0RDE, HAMILION COUN~. IND.'
If any tree or shrub planted pursuant to Section 1 above shall
cause damage to any street, cu~ 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 Sec-
tion 2 above.
Section 5. - Access to Affected Area
The City of Carmel and all public utilities retain their owner-
ship and right to access to the area between the street and the
property li~e of the dominant owner and retain the right to reason-
ably remove any tree or shrub impeding necessary work ~o be per-
......... ~ =~/~ all public utilities, or other
street and the sidewalk and/or property line shall be liable to
the owner of the dominant real estate for any damages done to trees
or shrubs, located upon City property between the street and the
sidewalk and/or p~operty line as a result of the actions of the
City of Carmel or any public utility or other authorized user or
their agentS or employees in the performance of their duties.
Section 7~ - Penalty
violation of any provision of this ordinance shall be deemed
a misdemeanor and any person violating the provisions hereof shall
be fined an amount not to exceed $10.00 for such violation.
This ordinance shall be in full force and effect from and
after its passage and'publication for two consecutive weeks pursuant
to State Statute.
, 1979.
Dated this
day of
f~icer
ATTEST:
Smith
APPROVED: ~ m.j~k=tt, y /
DATED:
STATE OF INDIANA )
) SS:
COUNTY OF HAMILTON)
I, Peggy Lou Smith, hereby certify that I am the duly elected
and acting Clerk-Treasurer of the City of carmel, Indiana and that
the attached Ordinance was~2Y adopted by the Common council of
said City on the /~ _ day of~~' -L 1979.
This Instrument Recorded ~9/1979 J/ ,~, .
~ARY L. CLAR~, REOO~D~' HAM!LTO~ GOU~, ~ND. '~d[~--~ ~ ~'~'/._
-. Clerk-Treasurer