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Beautification Committee - Ordinance No. 1168

AN ORDINACE FOR THE ESTABLISHMENT OF A BEAUTIFICATION COMMITTEE AND FOR THE MANAGEMENT OF THE COMMUNITY FOREST RESOURCES FOR THE CITY OF EASTBOROUGH, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF EASTBOROUGH, KANSAS:

Section 1. Definitions.

Street trees: "Street trees" are defined as trees, shrubs, bushes, and all other woody vegetation lying on land with right of way designation within the city limits.

Park trees: "Park trees" are defined as trees, shrubs, bushes, and all other woody vegetation in public parks, and all areas owned by the City.

Section 2. Creating and Establishment of a Beatification Committee.

There is hereby created a City Beautification Committee for the City of Eastborough, Kansas, which shall consist of five members, citizens and residents of the City. Each Council person shall appoint a member and the chairman therefrom shall be appointed by the Mayor.

Section 3. Term of Office.

The term of the five persons shall be coincidental with that of the person making the appointment. In the event that a vacancy shall occur during the term of any member, a successor shall be appointed for the unexpired portion of the term by the person who appointed the member who is creating the vacancy.

Section 4. Compensation.

Members of the Beautification Committee shall serve without compensation.

Section 5. Duties and Responsibilities.

It shall be the responsibility of the Beautification Committee in an advisory capacity only to develop and/or update annually, a written plan for the care, replacement, maintenance, and removal or disposition of trees and shrubs in parks, along streets, and in other public area. Such plan shall be presented annually to the City Council or as the City Council may require and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Eastborough, Kansas.

Section 6. Operation.

The Beautification Committee shall choose its own officers, make its own rules and regulations, and keep a journal of its proceedings. A majority of the member shall be a quorum for the transaction of business.

Section 7. Street Tree Species to be Planted.

The City of Eastborough, Kansas, shall maintain a list of recommended trees for planting in public areas. This list shall be available to residents of the City upon request to aid in the selection of trees for private properties. The list of recommended trees shall be update periodically to reflect new developments or species.

Section 8. Distances and Clearing for Planting.

Street trees shall be planted no closer than three feet from a street.

1. No street tree shall be planted closer than 35 feet from any street corner, measured from the point of the nearest intersection of curbs or curblines.
2. No street tree shall be planted closer than 10 feet from any fireplug.
3. Permission must be obtained from the City when planting street trees within 10 feet of any point on a line on the ground immediately below any overhead utility wire, or within 5 lateral feet of any underground water line, sewer line, transmission line or other utility. Existing trees do not come within the purview of this ordinance.

Section 9. Public Tree Care.

The City shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within right of way of all streets, as may be necessary to insure the public safety or to preserve or enhance the beauty of such public grounds.

Section 10. Clearance Over Streets.

Clearance over streets shall be the responsibility of the abutting property owner. A clearance of 12 feet must be maintained over streets. Property owners are responsible for trees on their own property as well as trees on rights of way that abut their property.

Section 11. Dead or Diseased Tree Removal.

The City shall remove or cause to be removed any dead or diseased tree, below ground level, within the city limits. Diseased trees are defined as those trees that may constitute a hazard to life and property, or harbor insects or disease which represent a threat to other trees within the City.

Section 12. Abatement Notice-Time Limit.

1. When in the opinion of the Chief of Police, a dead or diseased tree exists, as prohibited in this chapter, it is his duty to give notice in writing addressed to the property owner or owners complained against, specifying in what manner a violation is alleged to exist. The notice shall direct the removal by the property owner or owners of the tree or trees, which constitutes the violation. The notice shall provide that such tree or trees shall be removed within 15 days.
2. The property owner shall be allowed 15 days in which to comply with said notice provided that any person receiving such notice may, within said 15-day period, submit a written request to the City Clerk for a hearing before the City Council to appeal the application of the ordinance and/or request a variance.

Section 13. Abatement by City-Assessment.

1. If, within 15 days after the mailing of the notice by the Chief of Police, the owner of the lot has failed to remove the tree or trees, or to request a hearing before the City Council as provided above, then the Chief of Police shall cause the tree or trees to be removed.
2. In the event the owner requests a hearing before the City Council and it is determined a prohibited condition exists and/or that a variance should not be granted, then the owner or owners shall remove the tree or trees within 15 days from the date of the hearing.
3. The cost of removal of the tree or trees shall be certified by the Chief of Police to the City Clerk who shall cause the costs to be assessed against the particular lots from which the tree or trees were removed.

Section 14. Penalty.

The failure of the owner to remove a tree or trees after a final determination has been made that a prohibited condition exists and after the expiration of the appropriate removal time set out in Section 13 shall constitute an offense punishable by a penalty of $10 dollars and every day said owner fails to remove it shall be a separate and distinct offense.

Section 15. Access.

It shall be unlawful for any person to prevent, delay or interfere with access to private property by the City or its representative in the legal performance of any section of this ordinance.

Section 16. Constitutionality.

If any part of this ordinance is found unconstitutional, then only that portion shall be declared void and the remainder of this ordinance shall stand and the part so stricken shall be severed from this ordinance.

Section 17.

This ordinance repeals Ordinance#938.

PASSED by the City Council this 18th day of December, 2001.

DATED: December 18, 2001