Chapter 12.20
TREES ON PUBLIC PROPERTY
Sections:
12.20.030 Establishment of city tree committee.
12.20.040 Duties of committee.
12.20.050 Enforcing authority.
12.20.080 Tree care, planting, removing and replacement.
12.20.010 Purpose.
It is for the best interests of the city of Colfax and of the citizens and public thereof that a comprehensive plan for the planting and maintenance of trees on public properties within said city should be developed and established. The ordinance codified in this chapter is adopted, therefore, for the purpose of developing and providing for such a plan and program, and for the purpose of establishing rules and regulations relating to the planting, care and maintenance of such trees. (Ord. 1058 §1, 1979).
12.20.020 Definitions.
As used in this chapter, the following words and phrases shall have the meanings ascribed to them in this section:
A. "City" means the city of Colfax.
B. Number. The singular number includes the plural and the plural includes the singular.
C. "Owner" means the legal owner of real property fronting or abutting on any property of the city, and any lessee of such owner.
D. "Person" means an individual, a firm, an association, a corporation, a copartnership, and the lessees, trustees, receivers, agents, servants and employees of any such person.
E. "Public property" means all roads, streets, avenues, boulevards, alleys, parkways, public rights-of-way, treelawns, parking strips, or any public property or portion thereof, of the city.
F. "Treelawn" means that part of the street or avenue not covered by sidewalk or other paving, lying between the property line and that portion of the street or avenue usually used for vehicular traffic. (Ord. 1058 §2, 1979).
12.20.030 Establishment of city tree committee.
There shall be created a committee to be known and designated as the city tree committee composed of five members. Three of these members shall be appointed by the mayor with council confirmation. The fourth member shall be the city supervisor who shall be an ex officio member, and the fifth member shall be a member of the park board appointed by the mayor. The three members appointed by the mayor shall be appointed as follows: One for two years; and for three years; and one for four years, and each shall serve until their successors are duly appointed and approved by the council. Successors to those members appointed by the mayor shall thereafter be appointed for terms of four years. Vacancies caused by death, resignation or otherwise shall be filled for the unexpired term in the same manner as original appointments are made. All members of the committee shall serve without pay. Within a reasonable time after the appointment of said committee and the approval of the members thereof, upon call of the mayor, said committee shall meet and organize by the election of a chairman. The committee shall then provide for the adoption of rules and procedures and for the holding of regular and special meetings as said committee shall deem advisable and necessary in order to perform the duties set forth. (Ord. 1058 §3, 1979).
12.20.040 Duties of committee.
The duties of said city tree committee shall be as follows:
A. To study the problems and determine the needs of the city in connection with its tree-planning program;
B. To recommend to the proper authority the type and kind of trees to be planted upon public property;
C. To assist the properly constituted official of the city, as well as the council and citizens of the city, in the dissemination of news and information regarding the selection, planting and maintenance of trees within the city, whether the same are on private or public property, and to make such recommendations from time to time to the city council as to desirable legislation concerning the tree program and activities for the city;
D. To provide regular and special meetings at which the subject of trees insofar as it relates to the city may be discussed by the members of the committee, officers and personnel of the city, its divisions and all others interested in the tree program. (Ord. 1058 §4, 1979).
12.20.050 Enforcing authority.
The city supervisor, or his duly authorized representative, shall be charged with the enforcement of this chapter. (Ord. 1058 §5, 1979).
12.20.060 Master tree list.
The city tree committee is charged with the duties of promptly determining the types and species of trees suitable and desirable for planting and the areas in which and conditions under which such trees shall be planted on public property. The city tree committee will make such determinations after consulting with those familiar with the subject of such plantings, such as landscape architects, arborists, nurserymen, the city park board and park committee. The city tree committee will prepare a manual containing guidelines and regulations, which it may add to, delete from, or adjust in the best interests of the city of Colfax with ratification of the city council. When approved by the city council, said manual will be known as "A Community Tree Program, Colfax, Washington," and will be the master tree list. The manual will be placed on file in the office of the city supervisor, and shall thereafter be the official manual of the city tree committee. All trees hereafter planted on public property must be on the master tree list, unless a written permit from the city tree committee is first obtained to plant a tree not on said list. (Ord. 1058 §6, 1979).
12.20.070 Jurisdiction.
The city tree committee shall have jurisdiction and control of the planting, setting out, location and placement of all trees on public property and treelawns of the city, and shall have supervision, direction, and control of care, trimming, removal and relocation and replacement thereof. (Ord. 1058 §7, 1979).
12.20.080 Tree care, planting, removing and replacement.
No person, other than the city tree committee or its duly authorized agent, may cut, trim, prune, spray, brace, plant, move, remove or replace any tree located on public property on which grows upon private property to the extent that they encroach upon such public properties or treelawns until a written permit so to do has first been obtained from the city tree committee or its agent. Any such permit may be rescinded if its terms are violated. Such permits are free. (Ord. 1058 §8, 1979).
12.20.090 Tree destruction.
It is unlawful for any person to break, injure, deface, mutilate, kill or destroy any tree or set fire or permit any fire to burn where such fire or the heat thereof will injure any portion of any tree on public property or treelawn, nor shall any person place, apply, attach or keep attached to any such tree, or to the guard or stake intended for the protection thereof, any wire, rope (other than used for the support of a young or broken tree), sign, paint, or any substance, structure, thing or device of any kind or nature whatsoever. (Ord. 1058 §9, 1979).
12.20.100 Inspection.
The city tree committee may inspect any tree upon or which overhangs any public property or treelawn in the city to determine whether the same or any portion thereof is in such a condition as to constitute a hazard or impediment to the progress or vision of anyone traveling on public property. Any tree or part thereof growing upon private or public property, but overhanging or interfering with the use of public property which, in the opinion of the city tree committee, endangers life, health, safety or property shall be declared a public nuisance. If the owner of such private property does not correct or remove such nuisance within ten days after receipt of written notice from the tree committee, or its authorized agent, the tree committee shall cause the nuisance to be corrected or removed and the cost shall be assessed to such owner. Nothing contained herein shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree upon his property or under his control in such a condition as to prevent of from constituting a public nuisance as hereinabove defined. (Ord. 1058 §10, 1979).
12.20.110 Appeals.
Any person aggrieved by any act or determination of the tree committee may appeal such decision within fifteen days thereafter to the board of adjustment pursuant to CMC 17.24.070. (Ord. 1401 §1, 1996: Ord. 1058 §11, 1979).
12.20.120 Violation--Penalty.
Any person violating any of the provisions of this chapter or failing to comply with them shall, upon conviction thereof, be punished by a fine not to exceed one hundred dollars for each offense and/or day that a violation of this chapter occurs. (Ord. 1058 §12, 1979).