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HomeMy WebLinkAbout1983-10-12 83-351 ORDINANCE83-351 Introduced by Ccumilor Willey, October 12, 1983 CITY OF BANGOR (TITLE.) 1Clrbi=tCPr_...Amenaing_ chapter. Via, ..Article._H._-_Ordinances........ _o£,., the..city. of. Target, -ReAFoyaS 9f Dangerous Trees.. and. Branches.... Be a ordaiud by the City Canard of the City ofBamyar, as fouome: THAT the provisions of Chapter VII be amended by adding a new Article 8 as follows: ARTICLE 8 - REMOVAL OF DANGEROUS TREES AND BRANCHES Sec. 1 Property Owner Responsible. Every property owner shall maintain the trees on his r her property in a safe and healthy manner, and keep trees properly trimmed and pruned so as to prevent hazards or injury to persons and their property in their use and occupancy of public ways and other public.property. 'Every property owner shall also obey every lawful order -of the City Forester pursuant to this Ordinance. Sec. 2 Inspection. The City Forester shall, from time to time, seek entry to private property in order to inspect the trees and shrubs located upon property adjacent to public ways and other publicly -owned property. The Forester shall first seek the property owner's permission to conduct such an inspection. Should the property owner object to the inspection, the Forester may seek an administrative inspection warrant as permitted bylaw. 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 compliance with the warrant requirement would pose a serious imminent danger to persons and their property using or occupying public ways or other publicly -owned property. Sec. 3 Nuisance. A tree located on privately owned property ext to a public way or other public property 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: IIn City Council October 12,1983 R6fered to public safety committee ,. nei$er. races, regular meeting Styj��PH.,� Clay J In City Council October 24,1983 Refered to Public Safety 'committee consider neat regular meeting aitv Clerk In City Council November 14,1983 Refered to Public Safety Committee consider 1st meeting in December city clerk 0-/� In City Council December 12,1983 Amended by substitution and Passed Amended copy attached" vote for Passage 9 Yes voting yes Meqarthy,Davis,Piankel,,wiI1e, Mc ea[thy, Tilley,4keele[, Wil ley ity Cl 83-351 ORDINANCE (a) is likely to fall onto adjacent public ways or public 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 anuisance s defined in Section 3 hereof, the City Forester shall order the property owner to remove the trees, or any portion thereof, that creates said nuisance. The Forester shall use said order to be served as provided for process under Rule 4, Maine Rules of Civil Procedure. The Order 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 case of serious imminent danger to persons and their property using or occupying public ways or public property, 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 provided by law, cause removal of said tree Or portions thereof. The costs of this service by the Forester, including labor, equipment and materials, shall be a liability of, and shall bechargedto the property owner. Sec. 5 Costs.- If the costs incurred by the City in abating the nuisance are not paid within thirty (30) days after demand therefor by the City Forester, the unpaid charges shall be referred to the City Solicitor for collection. Sec. 6 Appeals. Any person aggrieved by a decision or order of the City Forester under this Ordinance may appeal said decision or order to the Superior Court i accordance with Rule 80B, Maine Rules of Civil Procedure. Sec. J Penalties., Any person who shall violate any provisions Of this Ordinance shall be subject, upon conviction, in urt of competent jurisdiction, to.a fine not exceeding the sum of $500.00. All fines levied under this Ordinance shall inure to the benefit of the City of Bangor. CITY OF BANGOR (TITLE.) MrMUMWPy.. smendiag..Chapter. VII, of,_the City of Bangor Remq al cf Dangerous Trees -ARS11 BranQhes.... Be U ordained by Re City Cousmi! of We COY of Bangor. as folow: —THAT the provisions of Chapter VII be amended by adding a new Article 8 as follows: - CHAPTER VII ARTICLE 8 - REMOVAL OF DANGEROUS TREES AND BRANCHES Sec. 1 Property Owner Responsible. Every property owner shall maintain the trees on his rher property in a safe and healthy manner, and keep trees properly trimmed and pruned so as to prevent hazards or injury to persons and their property in their use and occupancy of public ways and other public property. Sec. 2 Inpsection. The City Forester shall, from time to time, eek entry to private property in order to inspect the trees and shrubs located upon property adjacent to public ways and other publicly -owned property. The Forester shall first seek the property owner's permission to conduct such an inspection, 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 compliance with the warrant requirement would pose a serious imminent danger t0 persons and their property using or occupying public ways or other publicly-ownedproperty. Sec. 3 Nuisance. A tree located on privately owned property ext to a public way or other public property shall be deemed a nuisance if it, or any part of it, by reason of its condition and in the professional judgment of the Foresters y (a) is likely to fall onto adjacent public ways or public 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 n Section 3 hereof, the City Forester shall notify the property owner r 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 betaken, 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 case of serious imminent danger to persons and their property s using or occupying public ways or public property, 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 provided by law, cause removal of said tree or portions thereof. The costs of this service by the Forester, including labor, equipment and materials shall not be charged to the property owner. Sec. 5 meals. 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 n accordance with Rule SOB, Maine Rules of Civil Procedure. t2w.r 83-351 �( AMENDED COFt - CITY OF BANGOR (TITLE.) (DrM MtCPt...: Amending. chaptex..sll,...Article..E.._...nrdinances..........- Of„the City _of_Bangor— -_Rem vat of Dangerous Treee,a d sranches_... Be it ordains! by Ut City Counncit of the City of Bangor, as folhunt —THAT the provisions of Chapter VII be amended by adding a new Article 8 as follows: CHAPTER VII ARTICLE 8 - REMOVAL OF DANGEROUS TREES AND BRANCHES Sec. 1 Property Owner Responsible. Every property owner shall maintain the trees on his r her property in a safe and healthy manner, and keep trees properly trimmed and pruned so as to prevent hazards or injury to persons and their property in their use andoccupancyof public ways andother public property. Sec. 2 Inpsection. The City Forester shall, from time to time, seek entry to private property in order to inspect the trees and shrubs located upon property adjacent to public ways and other publicly -owned property. The Forester shall first seek the property owner's permission to conduct such an inspection, 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 compliance with the warrant requirement would pose a serious imminent danger to persona and their property using or occupying public ways or other publicly-ownedproperty. Sec. 3 Nuisance. A tree located on privately owned property next to a public way or other public property 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 or public 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 l of said n The Forester a shall c said notice to beserved 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 case of serious imminent danger to persons and their property s using o occupying public ways or public property, 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 provided by law, cause removal of said tree or portions thereof. The costs of this service by the Forester, including labor, equipment and materials shall not be charged to the property owner. Sec. 5 appeals. 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 BOB, Maine Rules of Civil Procedure.