There is created and established a City Tree Board, which shall consist of three (3) Council Members of the City of St. Francis, Kansas, who shall serve on the tree board for a term as appointed from year to year by the mayor with the advice and consent of the city council.
(Ord. 462; Code 2003; Code 2015)
The tree board shall have the power to promulgate rules, regulations and specifications concerning the trimming, spraying, removal, planting, pruning and protection of trees, shrubs, vines, hedges, and other plants upon the public right of way of any street, alley, sidewalk, or other public place in the city subject to the approval of the city council. Such rules, regulations and specifications shall be available to the public through the office of the city clerk.
(Ord. 462; Code 2003; Code 2015)
It shall be the duty of the owner of property abutting the right of way of any street, alley, sidewalk or other public place to maintain and care for all trees and shrubs on such abutting right of way. The tree board shall have the power to require any such property owner to perform such maintenance on any such tree or shrub on the right of way abutting such owner’s property as may be necessary. The tree board shall further have the power to require any property owner to trim, remove or protect any tree or shrub on such owner’s property which may project beyond the property line onto or over the right of way abutting the same. Trees and shrubs must not obstruct the clear view at any intersection. A clear view is defined as 150 feet in both directions of the intersecting road from a point of 10 feet from the beginning of the intersection. The tree board shall cause a notice requiring such work to be performed to be served upon the property owner in accordance with Section 8-710 and such work shall be done within a reasonable time specified in this notice. Nothing in this chapter shall be construed as requiring the owner of the property to trim any trees or shrubs when such trimming is required on public ways because of city utility lines, traffic control signs or devices and it shall be the duty of the city to do any trimming on public ways as required for such utilities or signs or traffic control devices.
(Ord. 462; Code 2003; Code 2015)
It shall be the duty of the owner of any property abutting the right of way of any street, alley, sidewalk or other public place to remove any dead or dying trees, limbs or roots that are heaving sidewalks or that are dangerous to life, limb or property located upon the premises of such owner or upon the right of way of any street, alley, sidewalk or other public place abutting the property of such owner of property. The tree board shall give notice to the property owner for such removal when required in accordance with Section 8-709. Such work shall be performed within such reasonable time as may be specified in such notice.
(Ord. 462; Code 2003; Code 2015)
It shall be the duty of the owner of any property to ensure that no trees or shrubs are planted or allowed to grow on or over any underground utility lines in the city.
(Code 2003; Code 2015)
Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth, health, life or well-being of trees or plants in the city, or which is capable of causing an epidemic spread of communicable disease or insect infestation such as Dutch Elm Disease, the tree board shall at once cause written notice to be served upon the owner of the property upon which such diseased tree or trees are situated or the property abutting the right of way of any street, alley, sidewalk or other public place upon which such diseased tree or trees are situated, which notice shall require such property owner to eradicate, remove or otherwise control such condition within a reasonable time to be specified in such notice.
(Ord. 462; 8-705; Code 2003; Code 2015)
It shall be unlawful for any person to fail to comply with the requirements of any notice given pursuant to Sections 8-703, 8-704 and 8-706 of this chapter within the time specified in such notice.
(Ord. 462; 8-706; Code 2003; Code 2015)
Any notice given by the tree board pursuant to Sections 8-703, 8-704, or 8-706 shall allow at least 30 days for the property owner to perform the work required after the time the notice is served on the property owner unless an extension is granted. During such period the property owner shall have the right to appeal the order of the tree board to the whole city council by filing with the city clerk a notice that the property owner desires to appeal from such order. Such appeal shall be submitted in writing to the city clerk within five (5) days from the date of the service of the order. If any property owner files a notice of appeal with the city clerk, the tree board shall schedule a hearing to consider such appeal within ten (10) days. Until a final and unanimous determination by the city council, the work required to be done by the tree board shall not be required and if the city council unanimously sustains all or any part of the order of the tree board, the city council shall then set the time within which the work required to be done shall be done.
(Ord. 462; 8-707; Code 2003; Code 2015)
Any notice authorized by Sections 8-703, 8-704, and 8-706 may be served by delivering a copy of such notice to the record owner of such property or by leaving a copy of such notice at such owner’s usual place of abode with some member of his family over the age of 18 years. In case there is more than one owner of a property, a service upon any one owner shall be adequate service upon all co owners. If the owner of any property cannot be found in the city, service may be made by mailing a copy thereof to such owner, postage pre-paid, certified mail, addressed to his last known address, and by posting a copy of such notice in a conspicuous place on the premises involved. Notice by mail shall be completed five (5) days after the date the notice is deposited in the mail and posted on the premises.
(Ord. 462; 8-708; Code 2003; Code 2015)
If any work required under Section 8-703, 8-704, and/or 8-706 is not accomplished within the time specified in the notice, the tree board shall cause the work to be done and the cost of the same shall be collected from the property owner. Any notice given pursuant to this Chapter shall state that if the work required is not done within the time specified, the city will cause the same to be done at the expense of the property owner. If the tree board causes the work to be done, it shall submit the cost thereof to the city clerk who shall send a statement in such amount to the property owner at his last known address. Any such statement shall be paid by the property owner within 30 days and any unpaid amount shall bear interest at the legal rate. If any property owner is unable to pay the cost of work within 30 days, he may enter into an agreement for the payment of the same in monthly installments over a period not to exceed three (3) years; and the unpaid cost shall by such agreement, be made a lien on the land of such property owner. Any unpaid balance due under such agreement shall bear interest at the legal rate. The agreement shall be filed in the Office of the Register of Deeds of Cheyenne County, Kansas.
(Ord. 462; 8-709; Code 2003; Code 2015)
If any cost to do the required work remains unpaid and an agreement for the payment of the same is not entered into within thirty (30) days of the completion of the work, the city clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the cost to the county clerk who shall extend the same on the tax rolls of the county.
(Ord. 462; 8-710; Code 2003; Code 2015)
In order to accomplish the purpose of this chapter, the tree board or its designated official is authorized to go upon any property in the city for the purpose of inspecting trees, shrubs and other plants.
(Ord. 462; 8-711; Code 2003; Code 2015)
Should any person fail to comply with notice given pursuant to this notice or request a hearing, a city official may file a complaint in the Municipal Court of the City against such person and upon conviction of any violation of the provisions of this Article, said person may be fined in an amount not to exceed $100 or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after the notice has been served shall constitute an additional or separate offence.
(Ord. 462; 8-712; Code 2003; Code 2015)