|
|
|
 |
TREES AND VEGETATION
Sections:
8.06.010 Definitions.
8.06.020 Authorization for trimming, planting and similar
activities.
8.06.030 Rules and regulations-Promulgation authority.
8.06.040 Injury or destruction-Notice-Repair or replacement.
8.06.050 Elm firewood prohibitions.
8.06.060 Disease inspection and tests.
8.06.070 Disease control required.
8.06.080 Second correction notice.
8.06.090 Noncompliance action.
8.06.100 Projection into public way.
8.06.110 Application for license.
8.06.120 Licensing fee.
8.06.130 Applicant to furnish liability insurance.
8.06.150 Insurance-Nonrenewal.
8.06.170 Denial, suspension, or revocation of license.
8.06.180 Regulation-Pesticides.
8.06.200 Unlawful acts.
8.06.010 Definitions.
The following definitions will be applicable throughout this chapter:
"Agent" means any person other than the owner, in charge of, or having
the control and supervision of, the premises. An occupant or tenant of the premises,
except hotels, apartment houses, office buildings and other multi-unit dwellings
and business buildings shall, for all purposes, be considered an agent.
"Director" means the Director of Community Resources for the city
or his designee.
"License" means as specified in this chapter and required for tree
contractors working within the city.
"Owner" means the recorded owner of property as shown by the records
of the Clerk and Recorder of Jefferson County and shall also include, but not
be limited to, the person having the possession of property.
"Person" means any person, firm, partnership, association, corporation,
company or organization.
"Plant" means and includes any tree, shrub, vine, weed, grass, herbaceous
plant, or other ornamental vegetation.
"Public way" means and includes all streets within the city as defined
in Section 1.04.010 of this code and all public rights-of-way and easements,
public footpaths, walkways and sidewalks, public roads, public alleys, public
drainageways, public parks, medians and open space. It shall not include utility
easements on private property not located within any other public way or privately
owned ditch canals.
"Standards" means acceptable arboricultural performance practices
for tree contractors.
"Test" means any test or survey conducted by the forestry maintenance
supervisor or his designee to determine if any tree is infested with a communicable
disease or insect infestation capable of causing widespread damage.
"Tree" means a single or multi-stemmed woody plant that attains a
minimum mature height of fifteen feet with a mature trunk diameter of four inches
measured six inches above the ground.
"Tree contractor" means any person who performs for hire any tree
or shrub maintenance or removal service within the city. (Ord. O-94-16 §§
1-4, 1994; Ord. O-89-3 § 3, 1989; Ord. O-82-46 § 1 (part), 1982; Ord.
O-73-34 § 1 (part), 1973).
8.06.020 Authorization for trimming, planting and similar
activities.
The Director or his designee is granted the authority to trim, spray, remove,
plant and protect vegetation and to trim, spray and remove weeds upon the public
way. (Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).
8.06.030 Rules and regulations-Promulgation authority.
A. The Director shall have the nonexclusive authority to promulgate such reasonable
rules and regulations as may be necessary or proper for the following purposes:
1. To protect and promote the enhancement of vegetation within Lakewood;
2. To regulate all aspects of the tree service business directly affecting the
public health and safety, and requiring the use of such safety appliances, apparatus
and equipment as are reasonably necessary for the protection of the workers
engaged in such work performed within the city; and
3. To set out standards for arboricultural practices to be used within the city
by licensees.
B. Copies of the rules and regulations shall be on file in the city clerk's
office and available for public inspection during regular business hours. (Ord.
O-94-16 § 5, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 §
1 (part), 1973).
8.06.040 Injury or destruction-Notice-Repair or replacement.
Any person who injures, damages or destroys any vegetation other than weeds
and noxious vegetation within any public way within the city shall promptly
notify the forestry maintenance supervisor or his designee of such fact and
within a reasonable time as specified by the forestry maintenance supervisor
or his designee repair or replace said vegetation. If such person fails or refuses
to repair or replace such damaged or destroyed vegetation, the forestry maintenance
supervisor or his designee may take the necessary steps to repair or replace
said vegetation. Cost of repair or replacement shall be paid by the person who
has caused the injury plus a five-percent charge for inspection and incidental
expenses. In the event of the failure of any person to make payment as required
hereunder, the city may recover the same in an action at law in a court of competent
jurisdiction, including the five-percent charge and attorney's fees. (Ord. O-94-16
§ 6, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part),
1973).
8.06.050 Elm firewood prohibitions.
It is unlawful for any person to import into the city or to store or sell any
species of elm firewood within the city with the bark intact. (Ord. O-82-46
§ 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).
8.06.060 Disease inspection and tests.
The Director or his designee is authorized and empowered to inspect any vegetation
upon any property whether public or private within the city and to conduct such
tests and surveys and to take such samples of vegetation as may be necessary
or desirable to determine if any Dutch Elm disease or other communicable disease
or epidemic insect infestation exists. Tests may also be made to determine if
trees are structurally deficient and are capable of causing major property damage
to private or public property. (Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34
§ 1 (part), 1973).
8.06.070 Disease control required.
Where any such inspection, test, or survey reveals the existence of Dutch Elm
disease or other communicable disease capable of causing an epidemic spread
or epidemic insect infestation or imminent structural hazard, the forestry maintenance
supervisor or his designee shall notify the owner of the premises in writing
of the condition that exists and the correction required. Said notice shall
require the correction to be completed within fourteen days from the owner's
receipt of the notice. (Ord. O-94-16 § 7, 1994; Ord. O-82-46 § 1 (part),
1982; Ord. O-73-34 § 1 (part), 1973).
8.06.080 Second correction notice.
If conditions set out in the first notice have not been corrected within fourteen
days from the owner's receipt of the notice, the forestry maintenance supervisor
or his designee shall issue a second notice allowing an additional period of
time, not to exceed fourteen days, to make the corrections. The second notice
shall state that if corrections are not made within the additional specified
time, the forestry maintenance supervisor or his designee will proceed to make
such corrections and the costs shall be assessed against the owner. (Ord. O-94-16
§ 8, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part),
1973).
8.06.090 Noncompliance action.
Should the owner of the property refuse or fail to comply with the terms of
the second notice, the forestry maintenance supervisor or his designee may enter
the premises and remove, treat or dispose of, or otherwise care for vegetation
in order to make the required corrections. (Ord. O-94-16 § 9, 1994; Ord.
O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).
8.06.100 Projection into public way.
Where any vegetation upon private property projects into or encroaches upon
any public way in such a manner as to impair, obstruct or endanger pedestrian
or vehicular traffic or to present a potential hazard or potential damage to
public or private property, the forestry maintenance supervisor or his designee
shall give written notice to the owner of the premises upon which the same are
located, requiring such owner to remove, trim, or otherwise treat such vegetation
within fourteen days of owner's receipt of the notice. If the correction set
out in the first notice has not been made within fourteen days of the owner's
receipt of the notice, the forestry maintenance supervisor or his designee shall
issue a second notice allowing an additional period of time, not to exceed fourteen
days, to make the correction. The second notice shall state that if the correction
is not made within the additional specified time, the forestry maintenance supervisor
or his designee shall enter upon the premises and remove, trim, or otherwise
treat such vegetation and the costs shall be assessed against the owner. (Ord.
O-94-16 § 10, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 §
1 (part), 1973).
8.06.110 Application for license.
Tree contractors shall make application to the Forestry Supervisor for a license
on forms furnished by the Forestry Supervisor. The Forestry Supervisor shall
not accept an application which is not complete in every detail. Upon receipt
of an application, the Forestry Supervisor shall evaluate the applicant's qualifications.
The Forestry Supervisor or his designee shall evaluate the applicant's qualifications
based on his/her prior experience, or if the applicant has little or no prior
experience, the Forestry Supervisor or his designee shall administer a standard
test to determine applicant's qualifications. The Forestry Supervisor or his
designee shall approve or deny the license based on his evaluation of the applicant's
experience or test results. If the Forestry Supervisor finds the applicant has
met the requirements of this chapter and has been determined to be qualified,
the Forestry Supervisor shall issue the applicant a license. If the Forestry
Supervisor finds the applicant has not met the requirements of this chapter
or the Forestry Supervisor or his designee determines the applicant is not qualified,
the Forestry Supervisor shall deny issuance of the license. An applicant who
is denied a license shall be notified of the denial and the grounds therefore
in writing. An applicant may request review of the denial by the City Manager
or his designee in writing within ten days of his/her receipt of the notice
of denial. The decision of the City Manager or his designee shall be final.
(Ord. O-2003-34 § 1, 2003; Ord. O-94-16 § 11, 1994; Ord. O-82-46 §
1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).
8.06.120 Licensing fee.
Each applicant shall pay an annual license fee of twenty-five dollars. License
shall be valid for the current calendar year. (Ord. O-82-46 § 1 (part),
1982; Ord. O-73-34 § 1 (part), 1973).
8.06.130 Applicant to furnish liability insurance.
Each applicant must furnish at the time of application a certificate of insurance
stating the following minimum requirements:
A minimum limit of liability per occurrence of six hundred thousand dollars
for bodily injury and/or property damage;
The applicant may furnish such other evidence of financial responsibility as
shall be acceptable to the Risk Manager;
The applicant shall also furnish workmen's compensation in compliance with the
Compensation Law of the state; and
A minimum limit of liability per occurrence of six hundred thousand dollars
combined single limit for bodily injury and/or property damage for all vehicles.
(Ord. O-94-16 § 12, 1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34
§ 1 (part), 1973).
8.06.150 Insurance-Nonrenewal.
Prior to cancellation of or material change in any required policy a minimum
of thirty days written notice shall be given to the Risk Manager of the city
by means of certified mail, return receipt requested, which notice shall identify
the tree contractor's license to which it applies. (Ord. O-94-16 § 14,
1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).
8.06.170 Denial, suspension, or revocation of license.
The Forestry Supervisor may refuse to issue, suspend or revoke a license, as
the case may be, if a contractor has had his license suspended or revoked in
another state or city, has refused to provide the Forestry Supervisor with adequate
information as requested, or has provided false information regarding himself
or his firm in the application for a license. The Forestry Supervisor may also
suspend or revoke a license if it is determined that the licensee no longer
meets the requirements of this chapter or that he or his employees have engaged
in any fraudulent or illegal practices. Licenses will be immediately suspended
if insurance is allowed to lapse or if the standards for arboricultural practices
are not adhered to. (Ord. O-2003-34 § 2, 2003; Ord. O-94-46 § 16,
1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).
8.06.180 Regulation-Pesticides.
A. Any tree contractor licensed to do business in the city who applies pesticides
in the city shall register his current commercial applicator business license,
issued by the Colorado Department of Agriculture, with the Forestry Supervisor's
office.
B. Any commercial pesticide applicator who applies pesticides within the city
shall register his commercial applicator business license number with the Forestry
Supervisor's office. (Ord. O-2003-34 § 3, 2003; Ord. O-94-16 § 17,
1994; Ord. O-82-46 § 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).
8.06.200 Unlawful acts.
A. It is unlawful for any tree contractor to engage in any tree or shrub maintenance
or removal within the city without a tree contractor's license.
B. It is unlawful for any licensee hereunder to violate or neglect or refuse
to comply with any rules and regulations promulgated by the director pursuant
to Section 8.06.030 of this chapter. (Ord. O-94-16 § 19, 1994; Ord. O-82-46
§ 1 (part), 1982; Ord. O-73-34 § 1 (part), 1973).
 |
||
Americans with Disability Act (ADA) Notice |
||
