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Street Tree Regulations - 1994City of Carmel December 2, 1994 TO: Board of Works City of Carmel FROM: Michael Hollibaugh DOCD I would request your consideration and approval of the attached Street Tree Regulations. For your information, I have attached copies of the City Code (D-1091 and D-1121) amendments which reference the adoption of such regulations. Gordon Byers, City Attorney, has reviewed the document, and his suggestions have been incorporated in the regulations as presented. Thank you for your consideration. ONE CIVIC SQUARE CARMEL, INDIANA 46032 317/571-2400 CITY OF CARMEL, INDIANA STREET TREE REGULATIONS Section 1 Definitions "Tree" means a perennial plant having a woody supporting main stem or trunk, ordinarily growing to heights greater than 12'. "Street Trees" are herein defined as trees planted on real estate owned or controlled by the City, and trees planted within a dedicated street tree easement, excluding real estate owned or controlled by the Carmel Park and Recreation Department, (except for an area on either side of any paved through streets or roadways within any park or recreational facility owned and operated by the Department, fifteen (15) feet in depth by parallel lines to the edge of the pavement); The word "shall" is always mandatory and not merely suggestive. The word "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. The words "Tree Care" means the treating, spraying, removal, pruning and any other tree maintenance or horticultural work intended for the enhancement or preservation of trees and the removal and prevention of any and all damages to any Street Trees caused by tree pests, blights and diseases. The word "Topping" is defined as the cutting back of the leading shoot or shoots of major limbs which form the natural canopy of the tree so as to disfigure the tree's crown. "City's forester" - a person trained, educated or skilled in forestry, horticulture, arboriculture, or Landscape architecture; who is primarily charged with the responsibility of aiding with the implementation of this ordinance as agent for the Board of Public Works; a person to be appointed by the Mayor. Section 2 Interference with City's Forester 2.1 It shall be the duty of the City's forester (forester) to enforce these regulations, and prosecutions the City of Carmel of these regulations may be initiated by the forester or department in which the forester is located. 2.2 It shall be unlawful for any person to prevent, delay or interfere with the City's forester, while engaging in inspecting, surveying, planting, cultivating, mulching, pruning, spraying or removing of any street tree or tree on public grounds as authorized in these regulations. Section 3 Prohibited Tree Species and Conditions. 3.1 The following tree species shall not be used by anyone for planting along any public street, place, alley, or right-of-way: Acer negundo (box elder), Acer saccarinum (silver maple), Ailanthus altissima (tree of heaven), Betula papyrifera (paper birch), Betula pendula (European white birch) Catalpa bignoniodcs (southern catalpa), Morus species (mulberry), Platanus occidentalis (American sycamore), Populus nigre 'Italica' (Lombardy poplar), Populus deltoides (cottonwood), Populus eugenic (Carolina poplar), Quercus palustris (pin oak), Salix species (willows) and Ulmus pumila (Siberian elm). Other species of trees, especially those which are found to be intolerant to the urban condition or posses shallow or aggressive root systems, may be excluded by the forester. 3.2 The City shall not place nor permit to be placed, any tree or other vegetation which will cause or tend to cause a hazardous or unsafe conditions for either pedestrian or motorists. Section 4 Duties of Property Owner 4.1 The owner of any private property in the City of Carmel which borders or lies adjacent to any public street, place, alley, or right-of-way and upon which any trees may be standing, shall trim or cause such trees to be trimmed, either at the property line, or to clear a height of at least eight (8) feet above the surface of any right-of- way, and fourteen feet above the any public street or alley. All branches or parts thereof which overhang any portion of a public street, place, alley, right-of-way, or place, or which obstruct or interfere with the passage of light from any street lighting system, shall be trimmed or cut. No person shall plant or maintain any tree so close to any property line as to obstruct the vision or free passage of pedestrians or motorists along the streets or public right-of-way. The City of Carmel or its contractual agent or agents may enter upon private property to do such cutting or trimming as may be necessary to remove any offending and obstructing tree that is prohibited by the provisions hereof. 4.2 An owner shall, and the city may, remove from trees all dead, decayed, broken or dangerous limbs, branches or parts thereof or any that overhang or are close to any public street, alley, right-of-way, or place, and, when any such tree is dead, the owner shall completely remove the same, or after notice to and failure of the owner so to do, the forester or its lawful agents may cause such removal and charge the cost thereof to the owner by filing a lien against the property. Section 5 Injuring or trimming tree 5.1 No person shall damage, remove, deaden, destroy, break, carve, cut , deface, trim or in any way injure or interfere with any tree that is located in or on any public street, alley, right-of-way, place or within the consolidated city without the written consent of the forester first obtained, except as may be necessary in an emergency to remove or abate any dangerous or unsafe condition. 5.2 No person owning or controlling any public utility lines upon, above or below the earth's surface, and which are within the right-of-way of any public street, alley, right- of-way, or place, shall trim any tree or cause it to be trimmed or its roots to be cut or excavate below the earth's surface within drip line feet of any existing tree without first having submitted to the forester a plan of the work to be done and receiving a permit therefor. 5.3 The City of Carmel shall have the authority to perform any trimming and cutting of tree growing in or obstructing any public street, alley or right-of-way as may be desirable to facilitate traffic movement and safety within the public right-of-way in the City and assess cost against the owners by filing a lien. Section 6 Protection during building operations In connection with the erection, alteration or repair of any building or structure, or other construction activity, the owner thereof, or his agent or independent contractor, shall take all necessary steps to prevent injury to any flora growing in any public street, alley, way, place or public park. Section 7 Attaching animals or signs; permitting damage by animals It shall be unlawful for any person to fasten or attach in any manner to any tree growing in any public street, alley, way, place or park any rope, sign, poster or handbill or other object or animal or pet, or in any other way to injure or deface any such tree. Section 8 Interfering with protective devices It shall be unlawful for any person to remove, damage or misuse any guard or device at any time placed around or intended to protect any flora growing in or on any public street, alley, place in the City of Carmel without the written consent of the forester first obtained. Section 9 Electrical devices near tree Without the written consent of the department, no person shall attach any electric wire, insulator or other device for holding an electric wire to any flora growing in or on any public street, alley, place in the City of Cannel. So far as practicable, every person owning or maintaining any wire or wires charged with electricity shall securely fasten and place them so that they will not damage or come in contact with any tree in or on any public street, alley, or place or constitute a hazard to any person or animal, all in accordance with established safety standards. Section 10 Damaging or destroying Trees It shall be unlawful for any person in the City of Cannel to willfully damage or destroy any tree or to use any chemicals of any kind, or other hazardous materials, which in any way tend to damage, destroy or kill trees in or on any public street, alley, or place. Section 11 Destruction of diseased or hazardous flora The City shall have the exclusive authority to destroy trees in or on places if infected by disease or injurious insects or if, in the judgment of the forester, it represents a dangerous condition or hazard to the public. Such destruction may also be effected when necessary for the protection of other trees or in any other case when the public safety, health or welfare is or may be adversely affected. Section 12 Preliminary notice of violation If the forester determines that a violation of section 3 through 11, inclusive, of this chapter, exists upon private property or property owned by the United States Government which is occupied, the director of the department or his or her delegate (hereinafter referred to as the "responsible party") may give a preliminary notice to the owner or occupant of such property, either verbally or by posting the notice on the property. Such preliminary notice shall state the nature of the alleged violation, the action deemed necessary to correct the condition complained of and fix a date not sooner than two (2) calendar weeks thereafter, when the property will be reinspected to determine if compliance has been effected. If, upon reinspection, it is determined that the violation has been corrected, the owner or occupant shall not be liable for any charges by reason of the preliminary notice procedure. Section 13 Formal notice of violation If any violation of section 3 through 11, inclusive, is not corrected as a result of the preliminary notice, or no preliminary notice is given, or the condition exists on a vacant lot or unoccupied improved real estate, the responsible party shall give to the owner or owners of such real estate written notice of the existence of the condition. Such notice shall be given by certified mail, return receipt requested, directed to the owner at this or her last and usual place of residence as determined by resort either to the records of the City Utilities Department, or the Hamilton County Assessor's Office. The notice shall state the nature of the violation, describe the real estate upon which the condition exists, demand the abatement of the condition and set a date, not sooner than two (2) calendar weeks after the date of such notice, when the property shall be reinspected to determine if abatement has been effected. If the certified mail is not returned within thirty (30) calendar days or if the address of the owner is unknown and cannot be ascertained after due diligence, it shall be sufficient to give notice to any offending owner by publication once in a newspaper of general circulation in Hamilton County. The owner or owners notified by publication shall have ten (10) days from the date of the published notice in which to abate the offending condition. Section 14 Action on failure to abate If, upon reinspection of the offending real estate, and, where notice has been given by publication after the elapse of the ten (10) day notice period, it is determined by the responsible party that abatement has not occurred, the responsible party, or its contractual agent, shall enter upon such private property or property owned by the United States Government and abate the offending condition. Section 15 Procedural and labor charges For its services rendered in the enforcement of this chapter to any owner or owners, the owner or owners so affected shall pay to the applicable Department under which the forester is located the following fees and charges: (a) Ten Dollars ($10.00) for each inspection to determine compliance with the provisions of this chapter. (b) Any out-of-pocket costs for publication of notice pursuant to section 13. (c) Ten dollars ($10.00) for services performed in perfecting a lien. (d) Three dollars ($3.00) for each time a first class letter is mailed to an owner or owners. (e) (f) (g) Five dollars ($5.00) for preparing and sending a certified letter. Ten dollars ($10.00) per man hour, or fraction thereof, for services rendered in the abatement of a violation. The actual costs incurred by the City for the use of each piece of equipment used for abating a violation. Section 16 Violations, penalty 16.1 The failure of any person, firm, corporation or partnership or any officer or director thereof to fail, refuse or neglect to abate or otherwise correct a condition on private property which exists in violation of this chapter, after notice thereof in accordance with the terms hereof, shall be deemed to be a misdemeanor, and, upon conviction thereof, any such person, firm, corporation or partnership or an officer or director thereof may be punished by a fine of not to exceed twenty-five hundred dollars ($2500.00). Moreover, to the extend that a violation of this chapter results in the loss or damage to any tree, the person, firm, corporation or partnership, or an officer or agent thereof responsible for such loss or damage, may be additionally required to make restitution to the extent of such loss or damage. 16.2 Any person, firm, corporation or partnership or any officer or director thereof who violates any provision of these regulations with respect to trees on public property shall be subject to the enforcement provisions of section 17. Section 17 Enforcement 17.1 The forester shall have the right to inspect all trees covered by these regulations for compliance with the regulations promulgated pursuant hereto. 17.2 Any violations of this regulation or of the regulations promulgated pursuant hereto, not othenvise covered in section 12, shall be subject to the penalties of section 1-8 of this regulation and shall carry a fine not to exceed twenty-five hundred dollars ($2500.00). 17.3 In addition to the penalties prescribed in subsection (b), the forester may enjoin or abate any violation of this chapter by appropriate action. 17.4 The forester may take appropriate legal action, including but not limited to an action to recover attorney's fees. ATTACUMENT B Ord=nance O-(071 AN ORDINANCE OF TEE COMMON COUNCIL OF TEE CITY OF CARMEL, INDIANA, AMENDING CEA2TER 2, ARTICLE 2, BY TEE INCLUSION OF SECTION 2-22, ENTITLED STREET TREE COMMITTEE WHEREAS, the selection, planting, maintenance and removal of trees, and shrubs along public ways and On public grounds substantially affect such matters as pedestrian and vehicle safety, City liability for that safety, the location and maintenance of utility ser -ices, tree maintenance cost, the incidence Of tree diseases, the general appearance Of the cityscape, and the general quality Of life of the City; and, WHEREAS, it is hereby found and determined that such selections, planting, maintenance and removal are matters of City-wide concern over which the City should exercise the control set forth in this Ordinance. WHEREAS, it is hereby found that it is in the best interest of the community to have citizen input in government decision making, including the planting and care of trees within the street right- of-way. NOW, THEREFORE, BE IT ORDAINED by the Cczr:.on council of the City of Carmel, :nd_'ara, as follows: Section 2-22 Street Tree Committee There is hereby created a Street Tree Committee for the City )/ of Carmel, Zndiana. g The Committee shall be composed of seven (7) members, ci-re A r-- _ _ r,,,, :l-----=-`"-- narr. who shall be appointed by the Mayor,--' ^_"-----s -_� °� Ch- Citi, ---i:. Committee members shall serve without compe_r_sation. Cc..rr"' J (c) The term of the seven persons appointed by the mayor shall be three years, beginning September 1, 1994, except that the term of two members acpointed to the first committee shall be one year and the term of two members of the first board shall be for two years. (d) The committee shall designate its own officers and organize itself in a wav that allows it to meet not less than Ince per cuarter ger calendar year in order to assist the City in the development and aG-lniscr^n Of• a comprehensive co.' unity tree management program for the care of trees on cit! owned Property. Theforester shall employee e r - '- (e) City's £o__st_- be an amclovee e_ the ______ Deca:t_-:e-^_t. The forester shall have the power to _ __mu -'gate and enforce rules, regulations and specifications concerning the planting, trimming, maintenance, and removal of trees, shrubs, and other plants upon the right-of-way of any street, or alley in the City. Such rules, regulations, and specifications shall be in writing and shall noc be effective until approved by the Board of Public Works. Copies of such regulations, rules and specifications shall be available to the public through the Ct____C Dom_ rtra^` officer PASSED by t1'= Common Council of the City of Carmel, Indiana this oflin , 1994. T.E. Johnson) Presiding Officer ATTEST: ATTACHMENT C Ordinance D- 11 21 AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA, AMENDING CHAPTER 6, ARTICLE 4, SECTION 6-64, ENTITLED; PLANTING AND REMOVAL OF TREES AND SHRUBS REGULATIONS. Wtit.REAS, the selection, planting, maintenance and removal of trees, and shrubs along public ways and on public grounds substantially affect such matters as pedestrian and vehicle safety, City liability for that safety, the location and maintenance of utility services, tree maintenance cost, the incidence of tree diseases, the general appearance of the cityscape, and the general quality of life of the City; and, WHEREAS, it is hereby found and determined that such selections, planting, maintenance and removal are matters of City-wide concern over which the City should exercise the control set forth in this Ordinance. WHEREAS, Ordinance D-1091, adopted by the Common Council in August of 1994, authorized the Carmel Board of Public Works to promulgate and enforce rules, regulations and specifications concerning the planting, trimming, maintenance and removal of tree, shrubs, and other plants upon the public ways and on public grounds. NOW, THEREFORE, BE IT ORDAINED by the Common council of the City of Carmel, Indiana: Section 6-64, Amended as follows. (a) Within the City of Carmel, no person shall plant trees between the street and the sidewalk and/or property line unless they are in compliance with regulations, rules and specifications adopted by the Carmel Board of Public Works and Safety pursuant to Ordinance D-1093.. (b) 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 removal of the tree or shrub is planted shall comply with the rules and regulations adopted by the Carmel Board.of Public Works and Safety;•, pursuant to Ordinance D-1091. : (c) If any tree or shrub Planted pursuant to this Section shall, in the opinion of the Board of Public Works andSafety, create a hazardous obstruction_ to vision which mav endanger vehicular or pedestrian traffic, then said tree or shrub shall be appropriately trimmed or removed pursuant to the riles adopted by the Carmel Board of Public Works and Safeco. (d) 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 sec forth by the Carmel Board of Public Works and Safety. (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. (f) 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. (g) Public utilities may trim Street Tree roots and branches as necessary for the maintenance of utility service as prescribed by state law and the rules and regulations adopted by the Carmel Board of P •lic Works and Safety. The cost of sucl tree care is .-_S the responsibility of th_e'SoV/ (h) Penalty. Viola • op of any provision of this Section she' deemed an Ordinance Violation and any person violating th provisions hereof shall be fined an amount not to exceed $2500.00 for each independent offense or violation. PASSED by the Common Council of the City of Cannel, Indiana this 7 of `4±2_, 1994. T.E. Johnson, Presiding Officer AMST: S sari W. Jones, C1eJP-Treasurer