Public Notice

PUBLISHED IN THE CLAREMORE DAILY PROGRESS, CLAREMORE, OKLA., DECEMBER 29, 2006.

City of Claremore,

Ordinance No. 2006-22

AN ORDINANCE AMENDING CLAREMORE MUNICIPAL CODE CHAPTER 102 PROVIDING FOR THE GENERAL MANAGEMENT OF TREES AND SHRUBS WITHIN THE CITY OF CLAREMORE.

THE CITY OF CLAREMORE HEREBY ORDAINS:

SECTION 1

Amending Claremore Municipal code as follows:

§ 102.02 STREET OR PARK TREES SPECIES TO BE PLANTED.

The following list constitutes the official street tree species for the city. No species other than those included in this list may be planted as street trees without written permission of the City Tree Board Urban Forester. A variety of trees will be planted.

§ 102.03 STREET OR PARK TREES SPECIES NOT TO BE PLANTED.

(A) The following species of trees shall not be planted in the street right-of-way, parks, parkways or where such trees will injure sewers or drains of the city:

§ 102.04 SPACING.

The spacing of street trees will be in accordance with the tree species size classes listed in § 102.02 of this chapter, and no trees may be planted closer together than the following without written approval from the City Urban Forester:

§ 102.05 DISTANCE FROM CURB AND SIDEWALK.

The distance a tree may be planted from curbs or curbs lines and sidewalks will be in accordance with the tree species and size class listed in § 102.02 of this chapter, and no trees may be planted closer to any curb or sidewalk than the following without written approval from the City Urban forester:

§ 102.07 DISTANCE FROM UTILITIES.

No street trees other than those species listed as small trees in § 102.02 of this chapter may be planted under or within ten lateral feet of any overhead utility wire or any underground transmission line, or over or within 25 lateral feet of any underground water line, sanitary sewer line, or storm sewer line without written approval from the City Urban Forester.

§ 102.08 PUBLIC TREE CARE.

The city shall have the right to plant, trim, spray, preserve and remove street trees and park trees. The City Tree Board City Manager or his designee may order the trimming or removal of any street or park tree which is deemed by the City Tree Board or by the city horticulturalist City Urban Forester, to be detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic.

§ 102.09 TREES DETRIMENTAL TO PUBLIC WELFARE.

A tree shall be deemed by the City Urban Forester to be detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, if the tree, or any limb or part of the tree:

(A) Constitutes a hazard to life or property;

(B) Harbors insects or disease which constitute a potential threat to other trees within the city;

(C) Is not trimmed to a height of nine feet above the surface of any street or right-of-way;

(D) Obstructs the view of any street intersection, traffic control device or sign, or the light from any street lamp;

(E) Obstructs a curb, gutter, street or sidewalk; or

(F) Obstructs or interferes with the use of or is, or will be, injurious to sewers, water lines, overhead utility lines, or any other public utility line or improvement or inhibits the flow of in creeks, ditches, waterways, and other parts of the City’s Stormwater Conveyance System.

§ 102.10 PROCEDURE FOR TRIMMING, REMOVAL OF DETRIMENTAL TREES.

If the City Tree Board City Urban Forester, which is hereby designated as the administrative body agent of the city to carry out the duties set forth herein, determines that a tree located on private property is detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, the City Tree Board City Manager or his designee may, by administrative order cause the property owner where the tree originates, to trim or remove any limb or part of the tree determined to be detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, to be trimmed or removed in accordance with the following:

(A) After the issuance of the administrative order at least ten days’ notice shall be given to the owner of the property where the tree originates by mail at the address shown by the current year’s tax rolls in the County Treasurer’s office before the city shall cause the tree to be trimmed or removed. The notice shall order the property owner to trim or remove the tree, as may be appropriate to eliminate the detriment to the health, benefit and welfare of the public and the community, or the hazard to traffic, and said notice shall further state that unless such work is performed with ten days of the date that such notice shall be given, the work shall be done by the city or contracted agency of the City and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing to the city for work performed. The notice shall be sent by certified mail, return receipt requested, and shall be deemed given to the property owner upon receipt or refusal by the property owner. However, if the property owner cannot be located does not resolve the problem within ten days from the date of mailing, notice may shall be given by posting a copy of the notice on the property and shall be deemed given on the date of posting.

(B) The owner of the property may give written consent authorizing the trimming or the removal of the tree, as may be appropriate to eliminate the detriment to the health, benefit and welfare of the public and the community, or the hazard to traffic. By giving such written consent, the owner waives the right to hearing by the City Council.

(C) The property owner shall have the right to appeal the administrative order issued by the City Tree Board decision by the City Urban Forester determining that a tree located on private property is detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, to the City Council City Manager by filing a written notice of appeal with the City Clerk within ten days after the notice to the property owner has been given from the City Tree Board shall have been given. In the even that an appeal from the administrative order of the City Tree Board decision from the City Urban Forester shall be taken, the City Council Manager shall hold a hearing after ten days notice to the property owner and shall determine whether or not the tree is detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic.

(D) Upon the failure of the property owner to appeal the administrative order decision of the City Tree Board City Urban Forester to the City Council Manager, or upon the consent of the property owner to the trimming or removal of the tree, or upon the determination by the City Council Manager after appeal by the property owner that the tree is detrimental to the health, benefit and welfare of the public and the community, or a hazard to traffic, the agents or employees of the city shall have the right to enter upon the private property in order to trim the tree, or any limb or part of the tree, or remove the tree, as may be appropriate to eliminate the detriment to the health, benefit or welfare of the public or the city, or the hazard to traffic.

(E) The City Tree Board City Urban Forester shall determine the actual cost of such trimming or removal and of any other expenses as may be necessary in connection therewith, including the cost of notice and mailing. The City Clerk shall forward by mail to the property owner a statement of such actual cost and demanding payment. If the such trimming or removal is done by the city, the cost to the property owner for such trimming or removal shall not exceed the actual cost of the labor, maintenance, and equipment required. If such trimming or removal is done on a private contract basis, the contract shall be awarded to the lowest and best bidder.

(F) If payment is not made within 30 days from the date of the mailing of the statement, the City Clerk shall forward a certified statement of the amount of the cost to the County Treasurer and the same shall be levied on the property and collected by the County Treasurer as other taxes are authorized by law. Until fully paid, the cost and the interest thereon shall be the personal obligation of the property owner from and after the date the cost is certified to the County Treasurer. In addition the cost and the interest hereon shall be a lien against the property from the date the cost is certified to the County Treasurer, coequal with the lien of ad valorem taxes and all other taxes and special assessments and prior and superior to all other titles and liens against the property, and the lien shall continue until the cost shall be fully paid. At any time prior to the collection thereof the city may pursue any civil remedy for collection of the amount owing and interest thereon including an action in personam against the property owner and an action in rem to foreclose its lien against the property. A mineral interest, if severed from the surface interest and not owned by the surface owner, shall not be subject to any tax or judgment lien created pursuant to this section. Upon receiving payment, if any, the City Clerk shall forward to the County Treasurer a notice of such payment and directing discharge of the lien.

§ 102.11 INTERFERENCE WITH TREE BOARD.

It is unlawful for any person to prevent, delay or interfere with the City Tree Board Urban Forester, or any of its his agents, or servants while engaging in and about the planting, cultivation, mulching, pruning, spraying or removing of any street trees, park trees, or trees on private grounds, as authorized in this chapter.

§ 102.12 ARBORIST’S LICENSE AND LIABILITY INSURANCE.

(A) It is unlawful for any person or firm to engage in the business or occupation of trimming, pruning, treating, or removing street trees within the city without first applying for and procuring a license. The license fee shall be $25 annually in advance; provided, however, that no license shall be required of any public service company or city employee doing such work in the pursuit of their public service endeavors.

(B) Before any license is issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $5,000 for bodily injury and $5,000 property damage indemnifying the city or any person injured or damaged resulting from the pursuit of such endeavors as herein described.

(C) The proceeds from the collection of the annual license fees shall be deposited in the Tree Board Fund City Urban Forester’s budget to be used for planting projects within the City of Claremore.

§ 102.13 REVIEW BY CITY COUNCIL.

The City Council has the right to review the conduct, acts and decisions of the City Tree Board. Any person may appeal from any recommendations of the City Tree Board to the City Council who may hear the matter and make a final decision.

CITY TREE BOARD

§ 102.25 CREATION AND ESTABLISHMENT OF BOARD.

There is hereby created and established a City Tree Board for the city, which shall consist of five persons, who shall be appointed by the Mayor with the approval of the City Council.

§ 102.26 TERM OF OFFICE.

The term of the five persons to be appointed by the Mayor shall be three years except that the term of two members appointed to the first Board shall be only one year and the term of two members of the first Board shall be for two years. In the even that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.

§ 102.27 COMPENSATION.

Members of the Board shall serve without compensation.

§ 102.28 DUTIES AND RESPONSIBILITIES.

(A) It is the responsibility of the Board to study, investigate, counsel and develop or update annually a written plan for the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubs in public rights-of-way, streets and alleys. Such plan will be presented annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the city.

(B) The Board, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.

(C) The Tree Board shall have control of the expenditures of all monies placed to the credit of a Tree Board Fund. Such monies shall be paid out only upon warrants authorized by the Tree Board. The Tree Board shall have the authority to establish a petty cash fund, not to exceed the sum of $100 at any one time, for use in maintaining the Tree Board.

§ 102.29 OPERATION OF BOARD.

The Board shall choose its own officers and shall keep a journal of its proceedings. The Board shall adopt rules and regulations for its own guidance and for the governance and operation of the Tree Board, not inconsistent with this chapter, which shall be subject to the approval of the municipal governing body. A Majority of the Board members shall be a quorum for the transaction of business.

SECTION 2

All parts of Claremore Municipal Code Chapter 102 not amended by this ordinance shall remain unchanged.

Passed and approved, and the emergency clause ruled upon separately this 18 day of December, 2006.

City of Claremore,

Oklahoma

By: s/ Brant Shallenburger

Mayor

Attest: s/ Nan Pope

City Clerk

(SEAL)