HomeMy WebLinkAbout2009-11-09 10-008 ORDINANCECOUNCIL ACTION
Item No. 10 0 0$
Date: 11-09-2009 F -
N• Y.^
Item/Subject: Ordinance, Amending the Code of Ordinances, Chapter 284, Trees,
Section 284-17, Violations and Penalties
Responsible Department: Engineering
Commentary:
The City's Tree Ordinance sets forth penalties for damaging City Trees including a requirement
that restitution be paid in an amount equal to the replacement value of any tree that is
destroyed. The restitution provision has been problematic given the difficulty in determining
the fair value of large, mature trees. To address this issue, staff recommends that the
ordinance be amended to specify the formula to be used to determine restitution for destroyed
trees. The proposed formula would be: the diameter of the trunk in inches squared times $40
+ $200 up to a maximum amount of $2,500. For example, a 4 inch diameter tree would be: 4
squared = 16 times $40 =$640 plus $200 = $840. The $2,500 maximum recognizes that trees
beyond a certain size cannot be replaced.
A separate item on the agenda would also incorporate this language into the City's Street
Openings and Utility Connections Ordinance to ensure that utilities and their contractors, who
often work in close proximity to public trees, are aware of the penalties for damaging or
destroying public trees.
Department Head
Manager's Comments:
A similar change is being made in our utility location ordinance, and this amendment will apply
the same penalties to damage
/to City trees from other purposes.
1<City �Manager
Cal
Associated Information:
Budget Approval:
Finance Director
Legal Approval:
Solicitor
Introduced for
Passage
X First Reading Page _ of _
X Referral to Infrastructure Committee, 11-17-09 @ 5 p.m.
10 008
90Assigned to Councilor - Blanchette Nwenber_, 9, 2009
CITY OF BANGOR
o. -
9 OR4�g33�9,y,��
(TITLE.) Ordinance, Amending the Code of Ordinances, Chapter 284, Trees, Section 284-17,
Violations and Penalties
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT
Chapter 284-17 of the Code of the City of Bangor is hereby amended as follows:
§ 284-17. Violations and penalties.
A. Notwithstanding § 284-8 of this article, tieielatien a violator of any provision of this article shall
be punished by subject to a fine of not less than $100 nor more than $500. Each act of violation
shall constitute a separate offense. Any
such penalty shall inure to the benefit of the town; and
B. Should any public tree be destroyed, the person causing the destruction shall make restitution to
the City in an amount equal to the cost to the City to remove the destroyed tree plus its the
replacement value e f the destr_ ed tree. Replacement value shall be calculated as follows:
1. For a tree up to and including 2 inches in diameter measured at a distance of 4.5 feet from the
ground, the replacement value shall be $200:
2. The replacement value of a tree in excess of 2 inches in diameter as measured at a distance of
4.5 feet from the around shall be calculated by using the following formula: restitution =
($200) + (d2 x $40) not to exceed $2,500, where d equals the diameter of the trunk as
measured in inches.
Additions are underlined, deletions are str-uek threugh.
IN CITY COUNCIL
November 9, 2009
First Reading & Referral to
Infrastructure Committee Meeting
of /17/09 at 5pm
ITY CLERK
IN CITY COUNCIL
November 23, 2009
Motion Made and Seconded
for Passage
Vote: 3-6
Councilors Voting Yes:
Gratwick, Stone & Wheeler
Councilors Voting No:
Blanchette, Bronson, Hawes,
Nealley, Palmer & Weston
Failed Passage
CITY CLERK
ORDINANCE
(TITLE,)_Amending the Code of Ordinances,
['aUrpr 9R4 Tree-_ Section 284-17,
_. Violations and Penalties
Assigned to Couneiloir D��a A ,
a4l�a�