HomeMy WebLinkAbout1990-09-24 90-329 ORDINANCEy9-24-90V
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Item No. 90-329
Item/Subject: Amending Chapter VII of the
Laws 6 Ordinances of the
City of Bangor -- Removal of Dangerous Trees and Branches
Responsible Department: Legal
Commentary:
The purpose of this ordinance amendment
is to impose a
responsibility on property owners to r e dead trees which
Bate a hazard to adjacent private properties. Currently,
the ordinance only applies to dead trees which a nstitute a
hazard a interference with the use and
occupancy of
publiclyrowned property and public ways.
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Manager's Comments:
Associated Information:
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Budget Approval:
nee ovasor
Legal Approval
Cory Serino,,
Introduced For
st e
First tReadin9 Page _ot_
Referral
90-329
Assigned to Councilor Sexi, September 24, 1990
CITY OF BANGOR
(TUTEE.) Mai1b1IIM CP Amending. Chapter vii of the caws & Ordinances
of the City of Bangor --.Removal of Dangerous Trees and Branches
Be Bordaiwd 6yW C1ey Cnametl oft" Ci wBanyor,"fMouc,
TBAT Chapter VII of the Laws & Ordinances of the City of Bangor is
hereby amended to read, as follows:
Sec. 1 Property owner Responsible. every property owner
shall maintain the
trees on his or her property in a safe and healthy
manner, and keep trees properly trimmed and pruned
o as to prevent hazards or injury to persons and
their property in their use and occupancy of public
ways and public or
Private property,
Sec. 2 Inspection. The City Forester shall, from time to
time, seek entry to private property
in order to inspect the tress and shrubs located
Fngpge}y_exeed-Fxe@eafy
thereon. The Forester
�aha33-first—seek the property owner's permission to
conduct such an inspections• If entry is
refused. the Forester may seek an administrative
inspection warrant as permitted by law. Should a
condition of extreme danger be known to exist, the
warrant requirements of this section may be
dispensed with, but only if there is a reasonable
cause to believe that the delay involved in
compliances with the warrant requirement would pose
a serious imoinent danger to persons and their
property using or occupying public ways, es -ether
Fag}}ely_ewxea-gaeperty or public or private
property,
90-329
Sec. 3 Nuisance. A tree located on privately awned
property aext-te-a-pnh}#e-way-ex
etAew-pnB}#e-paepeasy shall be deemed a nuisance
if it, or any part of it, by reason of its
condition and in the professional judgment of
the Forester,
(a) is likely to fall onto adjacent public
ways es-pub}#e-pxeperty . Public o
Private property, or
(b) is not pruned to a height of 14 feet
above the travelled portions of the
public ways and public sidewalks.
Sec. 4 Removal. Upon the finding that any tree, or part
thereof, constitutes a nuisance as
defined in Section 3 hereof, the City Forester
shall notify the property owner of said nuisance.
The Forester shall cause said notice to be served
as provided for process under Rule 4, Maine Rules
of Civil Procedure. The Notice shall identify the
property in question, contain a brief description
of the nuisance, the remedial action to be taken,
and shall state the deadline for compliance. The
deadline for compliance shall depend upon the
degree of danger created by the nuisance., but
shall in no case be longer than sixty (60) days.
In caof serious iminent danger to persona and
their property ne#n§-er-eeenpy#ag-paB}#e-xaye-er
put}#e-pxepestyt the City Forester shall have
authority to require immediate compliance by the
property Owner. If, upon expiration of said
deadline, the nuisance has not been abated, the
Forester may, in addition to other remedies pro-
vided by law, cause removal of said tree or
Portions thereof. The costs of this service by the
Forester, including labdrn equipment and materials.
shall net be charged to the property owner.-'
Sec. 5 Massie.. Any person aggrieved by a decision or
notice of the City Forester under this
Ordinance may appeal said decision or notice to the
Superior Court in accordance with Rule 80e, Maine
Rules of Civil Procedure.
Sec 6 Penalty. Any Person violating a revisions of
this Ordinance by faflinan neglecting
refusing to comply with any notice herein
Provided for, in addition to the coats of removal.
shall be subject to a civil Penalty of not less
than $100 for each offense,
A separate offense
shall be deemed comaittedan each day dgrim or
on which a violation occurs or continues
90-329
i"IN CITY COUNCIL ' ORDINANCE
September 26-, 1990
&eceivzd let teasing. ( T=, am•
6 Ordinances of the City of Bangor- &emoval
CITY `LERK
of Dangerous Trees and Branches
In City Council October 10,1990 Zab'RbM6i and ft1w Ey
Basead by the folloning Yes and
No vote
9 Yea voting yes Cohor(jm n
Bladecoi,B]anchette,Cohen,
Elgland,9axyec,6axl,50anmud,
Btone.sallivan
I
Clerk
V4,