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HomeMy WebLinkAbout1990-09-24 90-329 ORDINANCEy9-24-90V - Dale 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. ixpnm roe '. Manager's Comments: Associated Information: rla�k2 �iI*r1(C 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,