HomeMy WebLinkAbout2012-06-25 12-220 ORDINANCECOUNCIL ACTION
Item No. 12-220
Date: June 25, 2012
Item/Subject: Ordinance, Amending Chapter 284 of the Code of the City of Bangor,
Dangerous Trees and Branches
Responsible Department: Legal
Commentary:
The City's ordinance regarding dangerous trees and branches references dangers and hazards to
private property as well as public property and public right of ways. Increasingly, the Public
Works Department and the City Forester have been drawn into disputes between neighbors
involving private trees on private property. Often these disputes center on nuisance complaints
such as leaves falling from a tree onto a neighbor's property and the neighbor wanting the tree
removed, rather than safety issues for the public.
If approved, this ordinance amendment will limit the City's responsibility with regard to
dangerous trees and branches to those affecting the public right of way and public property
only.
Manager's Comments:
Associated Information:
Budget Approval:
Legal Approval:
Introduced for
Passage
First Reading
Referral
Department Head
1�. o1- (P).�
City Manager
Page _ of _
Finance Director
Solicitor
12-220
JUNE 25, 2012
r
Assigned to Sprague
CITY OF BANGOR
ED.
(TITLE.) Ordinance, Amending Chapter 284 of the Code of the City of Bangor, Dangerous Trees and
Branches
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR THAT,
Chapter 284 of the Code of the City of Bangor be amended as follows:
ARTICLE I, Dangerous Trees and Branches
§ 284-1. 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 so as to prevent hazards or injury to persons and their
property in their use and occupancy of public ways and publiceF ate property.
§ 284-2. Inspections.
The City Forester shall, from time to time, seek entry to private property in order to inspect the trees
and shrubs located thereon. The Forester shall first seek the property owner's permission to conduct
such an inspection. 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 compliance with the warrant requirement would pose a serious imminent danger to persons
and their property using or occupying public ways or public -er-priyate property.
§ 284-3. Nuisance.
A tree located on privately owned 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 publice mate property; or
B. Is not pruned to a height of 14 feet above the traveled portions of the public ways and 8 feet
b� ove public sidewalks.
§ 284-4. Removal.
Upon the finding that any tree, or part thereof, constitutes a nuisance as defined in §284-3 hereof, the
City Forester shall notify the property owner of said nuisance. The Forester shall cause said notice to
12-220
JUNE 25, 2012
be served as provided for process under Rule 4 of the Maine Rules of Civil Procedure. The notice shall
identify the property in question, contain a brief description of the nuisance and 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 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 charged to the
property owner.
§ 284-5. Appeals.
Any person aggrieved by a decision or notice of the City Forester under this article may appeal said
decision or notice to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil
Procedure.
§ 284-6. Violations and penalties.
Any person violating any provisions of this article by failing, neglecting or refusing to comply with any
notice herein provided for, in addition to the costs of removal, shall be subject to a civil penalty of not
less than $100 for each offense. A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
Additions are underlined and deletions are 5teu91,r;
IN CITY COUNCIL
June 25, 2012
xjag Read '
CITY CLERK
IN CITY COUNCIL
JULY 9, 2012
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9-0
COUNCILORS VOTING YES: BALDACCI, BLANCHETTE, DURGIN,
GALLANT, GRATWICK, LONGO,HAWES, SPRAGUE, WESTON
COUNILORS VOTING NO: NONE
PASSED
CITY CLERK
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