The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.
(Code 2016)
Whenever any competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.
(Code 2016)
Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his or her last known address.
(Code 2016)
If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the chief of police shall proceed to have the designated tree, tree material or shrub, treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.
(Code 2016)
No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city, shall be permitted to remain on the premises, but shall be immediately treated, removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.
(Code 2016)
(a) Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or right-of- way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.
(b) The city shall have the right to cause the removal of any dangerous, dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing about the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.
(Code 2016)
Private property owners shall be responsible for all aspects of tree care on private property and including trees that have been planted and maintained in the public right-of-way abutting their private property. Such responsibilities include, but are not limited to planting, watering, fertilizing, pruning, treating for infestation or disease, and removing dead limbs, trees and stumps.
(a) Trees shall be pruned/trimmed by property owners so as not to impede vehicular and pedestrian traffic on the public ways.
(b) In order to provide for unimpeded parking, safe passage of vehicles, and access by street maintenance equipment, no limbs shall be permitted over any streets less than fifteen feet (15’) above the top of the curb/edges of pavement.
(c) No limbs shall be permitted to overhang any street in such a manner as to impede a vehicle operator’s view of traffic signals, signs, or other such devises.
(d) No limbs shall obstruct the light from a street (illumination) lamp.
(e) In order to provide for safe pedestrian travel, no limbs shall be permitted over public sidewalks less than nine feet (9’) above the surface of the sidewalk.
(f) Private property owners shall be responsible to remove limbs damaged by storms (hangers) in trees on their property and abutting the public ways, as such limbs may fall from the tree, becoming a hazard to the public.
(g) Private property owners shall be responsible for the disposal of branches, limbs, brush, etc. removed from the trees and shrubbery, from their private property or from the public right-of-way abutting their property at their expense.
(h) Private property owners shall be responsible for compliance with remediation requirements of the City of Wellsville in the event a tree is inspected and found to be infested, diseased or damaged, and the property owner is appropriately notified.
(i) Private property owners hall be responsible to locate utilities prior to digging. This can be accomplished by contacting one agency that notifies all registered public utilities. The “One Call” in Kansas should be made to 1-800-DIG SAFE (1-800-344-7233).
(j) Private property owners should plant trees appropriate for the restrictions of a particular site. The “Recommended Tree List” maintained by the City should be reviewed prior to planting to facilitate compliance with this provision.
(Code 2016; Ord. 934)
The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-304:306 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.
(Code 2016)
No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.
(Code 2016)
No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.
(Code 2016)