HomeMy Public PortalAbout21-Amend Title 7 TreesORDINANCE NO. 21426 i6
AN ORDINANCE OF THE TOWN OF ERIE, COLORADO, REPEALING
AND RE-ENACTING PROVISIONS OF THE MUNICIPAL CODE OF THE
TOWN OF ERIE, AT TITLE 7, "PUBLIC WAYS AND PROPERTY,"
CHAPTER 3, "TREES AND SHRUBS," AND SETTING FORTH DETAILS
IN RELATION THERETO.
WHEREAS, the Board of Trustees of the Town of Erie has determined that adoption of
the below provisions is necessary for the preservation of the health, safety, and welfare of the
Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ERIE, COLORADO, AS FOLLOWS:
Section 1. Title 7, "Public Ways and Property," Chapter 3, "Trees and Shrubs" is
hereby repealed in its entirety and re-enacted to read as follows:
7-3-1: DEFINITIONS
The following words and phrases, whenever used in the chapter, shall have the meanings as set
forth herein:
OWNER: Any person owning, occupying, having the right of possession and/or control of any
property located within the town boundaries.
PARK TREES: All trees and all other woody plants situated in all public parks, facilities, and
open spaces or areas or tracts of land owned by the town, or open to the general public as a park
or other public recreational area.
STREET TREE: All trees and all other woody plants located within any portion of the entire
width of a public right of way.
TREE: Any perennial woody plant, usually, but not necessarily, single stem and long-lived, with
a height greater than overall spread.
WOODY PLANT: A plant having hard lignified tissues or woody parts especially stems.
TOPPING: Inappropriate pruning technique to control the height of a trees canopy by cutting the
tree back to buds, stubs, or laterals that are not large enough to assume apical dominance.
PUBLIC RIGHTOF WAY: The full width of all streets, roadways, and alleys and all other areas
dedicated, designated or reserved for present or future use by the public, as a matter of right, for
the purpose of vehicular or pedestrian travel. The public right of way includes all traveled portion
thereof, all portions used for sidewalks, and all portions lying between the adjacent property line
and any improved portions of the right of way.
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SHALL: Denotes a mandatory requirement.
TOWN ARBORIST: A tree care professional who possesses the technical competence through
certification education, experience, and related training to provide for or supervise the
management of trees and other woody plants in the residential, commercial, and public landscape
for hire. The town administrator or his designee shall serve as the town arborist.
7-3-2: AUTHORITY OF TOWN TO PLANT, MAINTAIN, TREAT, PRESERVE AND
REMOVE TREES AND OTHER WOODY PLANTS:
The town shall have the right to care for, including the cutting, trimming, spraying, removing,
planting, pruning, fertilization, relocation, protection, and other maintenance and treatment of:
A. All park trees at such times, for such reasons and in such manner as the town may, in its sole
and absolute discretion, decide from time to time.
B. All street trees at such times for such reasons and in such manner as the town may, in its sole
and absolute discretion, decide from time to time.
7-3-3: TREE BOARD:
A. Board Created; Membership; Appointment; Qualifications: There is hereby created a tree
board for the town The tree board shall consist of seven (7) members Each member of the tree
board shall be appointed by the town board of trustees. All seven (7) members shall be bona fide
residents of the town, and if any member shall cease to reside in the town, his or her membership
shall immediately terminate.
B. Teims Of Offices The initial board appointed pursuant to this chapter shall hold terms as
follows: four (4) members shall be appointed for terms expiring at the first meeting of the board
of trustees following the general election of the town held April, 2018, and three (3) members
shall be appointed for terms expiring at the first meeting of the board of trustees following the
general election of the town held in April, 2020. Thereafter, the members of the commission
shall be appointed to serve four (4) year terms. Members shall be appointed by the town board of
trustees at the first meeting of the board of trustees following a general election of the town
C. Removal From Offices The board of trustees may, by a majority vote of those present, remove
any member of the tree board for the following reasons: 1) a conflict of interest violation; 2) any
violation of law, regulation, or policy; 3) nonattendance to duty; 4) failure to attend three (3)
consecutive regularly scheduled meetings without a leave of absence approved by a majority of
the tree board; 5) being a plaintiff or being actively involved or participating in a lawsuit against
the town, or 6) any other cause.
D. Vacancies: Vacancies occurring other than through the expiration of the term of the member
shall be filled for the remainder of that member s term by appointment by the board of trustees.
F Compensations All members of the board shall serve as such without compensation
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F. Meetings, Organization and Rules:
1. Chairman: The tree board shall elect its chairman fiom among the appointed members and
create and fill such other of its offices as it may determine. The term of the chairman shall be one
year, with eligibility for reelection.
2. Meetings and Rules The board shall hold at least one regular meeting in each month The
board shall determine the yearly schedule of meetings and provide such schedule to the town
cleric for publication. Conduct of all meetings shall be pursuant to rules of conduct as adopted by
the board of trustees The board shall keep minutes and a record of its resolutions, transactions,
findings and determinations, which minutes and records shall be a public record. Such minutes
and records shall be turned over to the town clerk for keeping.
3. Quorum: A quorum shall be one-half (1/2) of the total number of actual members of the tree
board, rounded up to the nearest whole. No meeting shall be held without a quorum.
4. Action by Majority• All board actions shall be approved by a majority of those present at a
meeting at which a quorum is present
G. Duties and Functions*
1 The tree board shall furthermore serve as an advisory board to the board of trustees with the
following duties and responsibilities:
a. The tree board shall investigate available grants, loans or contributions from other
governmental agencies, public or private corporations, or individuals; and recommend the
expenditure of any proceeds toward the accomplishment of the tree board's purpose.
b The tree board is responsible for organizing and conducting the annual Arbor Day celebration
c. The tree board is responsible for any community educational programs and/or literature
concerning community forestry, and is authorized to arrange, advertise and conduct any
educational programs which are a part of the annual work plan approved by the board of trustees.
d The tree board shall submit an annual report of its activities and recommendations to the board
of trustees and shall submit copies of its minutes and proceedings of its regular and special
meetings.
f. The tree board shall also as requested from time to time by the board of trustees, study,
consider, and investigate, and make findings, reports and recommendations upon and concerning
any and all matters items and things coming within, or covering, concerning, or relating to, the
aforesaid duties and responsibilities.
2. In addition, the tree board shall have the express duties, authority and jurisdiction hereinafter
set out in this chapter.
H. Reappointment• Members of the tree board may be reappointed at the discretion of the board
of trustees.
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I. Committees: The board of trustees, alone, may appoint ad hoc committees from among the
members of the tree board.
J. Public Input: The public attending a tree board meeting shall be allowed to address the tree
board prior to the tree board's consideration of regular business items. Persons wishing to address
the tree board shall state their name and address for the record.
K. Relationship to Board of Trustees and Staff:
1. The tree board shall advise and recommend to the board of trustees exclusively on those
matters pertinent to the tree board's duties and subject area, as set forth herein, as well as on the
town's budget.
2. The tree board shall biannually prepare a written report which shall then be presented orally to
the board of trustees at a board of trustees meeting, with the first report and presentation
occurring after the first of the year and the second prior to the start of the town's budget
consideration for the following year.
3. Staff will be available to attend tree board meetings quarterly at the request of the tree board
chairperson.
4. A member of the board of trustees shall be appointed as the board of trustees' liaison to the tree
board. The liaison will attend regular board meetings and be the conduit of bidirectional
information to and from the board of trustees The liaison is not a member of the tree board, nor
is the liaison entitled to a vote.
7-3-4: AUTHORITY, POWERS AND DUTIES OF THE TOWN ARBORIST:
A. The town arborist shall have jurisdiction and supervision over all trees and other woody
plants growing on public property within the town and over all trees and other woody plants
located on private property that constitute a safety hazard to persons or property, a health hazard
to other trees and plants, or that prevent the safe use of any public property or place.
B. The town arborist shall have the authority to cut, trim, spray, remove plant, prune,
fertilize, relocate, and protect all trees and other woody plants upon the public right of way of any
street, alley, sidewalk, or other public place, or to require the owner of property abutting on the
public right of way of any street alley, sidewalk or other public place to cut trim, spray, remove,
plant, prune, relocate, and protect all trees and other woody plants at the expense of such owner
C. The town arborist shall have the power to establish and enforce rules, regulations,
standards and specifications of arboricultural practices affecting the cutting, trimming, spraying,
removing, planting, pruning, fertilization, relocation, protection and other maintenance and
treatment of trees and other woody plants upon the public right of way of any street, alley,
sidewalk or other town -owned property in the town Such rules, regulations, standards and
specifications shall be in writing and shall be available to the public through the office of the
town arborist.
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D. The town arborist shall have the authority to supervise and inspect all work done under a
forestry peiiiiit or arborist license issued in accordance with the terms of this chapter.
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1. Whenever any person or contractor who engages in the business of tree care within the
town has failed to obtain the proper license or permit, who violates any provision of this Chapter
or any provision of The American National Standards Institute documents, as adopted by
reference by the Town of Erie, the town arborist may issue an order to immediately stop work on
any property.
2. The stop -work order issued by the town arborist shall be in writing and specify the
provisions of this Chapter or other provisions allegedly in violation. Such written order shall be
posted on the subject property and a copy provided to the property owner or occupant, or the
person or contractor who is allegedly in violation After a stop -work order has been posted and
delivered to the property owner or occupant, or the person or contractor allegedly in violation, no
work shall proceed on the subject property, except to correct any violation(s) noted in the stop -
work order.
3. It is a violation of this section to fail to comply with the stop -work order issued by the
town arborist. Once the condition(s) that are the subject of the stop -work order have been
corrected, as determined by the town arborist or designee, the town arborist shall rescind the
stop -work order.
F The town arborist shall have the authority to enforce provisions of the American National
Standards Institute documents, A300 (Part 1-2008) Pruning, A300 (Part 2-2004) Fertilization,
A300 (Part 3-2006) Support Systems, A300 (Part 4-2008) Lightning Protection and Z133.1-
2006 Safety Requirements, published by the American National Standards Institute, 11 West
42nd Street, New York, New York 10036, as adopted by reference by the town of Erie.
7-3-5: INTERFERENCE WITH THE TOWN ARBORIST:
No person shall hinder, prevent, delay, or interfere in any way with the town arborist or designee
while engaged in carrying out the execution or enforcement of this chapter.
7-3-6 STANDARDS AND SPECIFICATIONS FOR ARBORICULTURAL PRACTICES:
A. Approved tree list. The town arborist shall maintain a list of recommended trees for the
town All street trees shall be in accordance with the street tree requirements set forth in the most
recent version of the Town of Erie Standards and Specifications Trees that are denoted as not
acceptable street trees shall not be planted as street trees without the approval of the town
arborist.
B. Arboricultural practices. The American National Standards Institute documents, A300
(Part 1-2008) Pruning, A300 (Part 2-2004) Fertilization A300 (Part 3-2006) Support Systems,
A300 (Part 4-2008) Lightning Protection, and Z133.1-2006 Safety Requirements, published by
the American National Standards Institute, 11 West 42nd Street, New York, New York 10036,
was adopted by reference by the Town of Erie. The purpose and subject matter of these
standards include regulating tree care and safe working practices through comprehensive
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provisions and standards regulating pruning, removal, spraying, injecting preservation, planting
and maintenance of trees and providing greater safety to the public by standardizing
arboriculture. The town arborist shall maintain a set of the current ANSI standards which shall be
available for review at the offices of the town arborist.
7-3-7: LOCATION AND SPACING OF TREES:
All locations and spacing of trees planted in the public right of way shall be in accordance with
the specifications and requirements set forth in the most recent version of the Town of Erie
Standards and Specifications.
7-3-8: MUTILATION AND TOPPING OF STREET TREES:
A. Mutilation. It shall be unlawful for any person to abuse, destroy, or mutilate any street
tree or park tree or to attach or place any rope, wire, nails, advertising posters, or other
contrivance, or to cause or permit any wile charged with electricity to be placed or attached to
any such tree, or allow any gaseous, liquid, or solid substance which is harmful to such trees to
come in contact with their roots, trunks, or leaves.
B. Tree Topping. It shall be unlawful for any person to top any street tree or park tree. It
shall be an affilivative defense to any charge brought under this section that the tree(s) in
question were damaged by storms or other causes, or were trees located under utility wires or
other obstructions where other pruning practices are impractical.
7-3-9: REMOVAL OF STUMPS:
All stumps of street and park trees shall be removed below the surface of the ground so that the
top of the stump shall not project above the surface of the ground. Utility locates shall be
conducted prior to grinding.
7-3-10: MAINTENANCE OF TREES AND WOODY PLANTS:
A. Town's Right to Prune.
The town shall have the right to prune any tree or other woody plant located on private property,
at the point where the vegetation projects beyond the private property line, when it interferes with
the spread of light along the street from a street lamp or interferes with the visibility of any traffic
control device or street sign. Such pruning shall be from the right-of-way, or public property,
unless the owner/occupant of the property consents to entry onto the property for the purpose of
pruning pursuant to this subsection.
B. Maintenance Responsibility for Public Right of Way.
The cost of maintenance of trees and woody plants located in the public right of way shall be the
responsibility of the owner of the property abutting the public right of way adjacent to any public
street, alley, or sidewalk. Such maintenance may include, but is not limited to cutting, trimming,
spraying, removing, planting, pruning, fertilization, relocation, protection, and other maintenance
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and treatment of trees and other woody plants located upon such public right of way, whether or
not planted by the owner.
C. Duty of Property Owner to Maintain Trees and Woody Plants; Notice.
1. Duty: It shall be the duty of the owner of any private property within the town to cut, trim,
spray, treat, remove, plant, prune, relocate, and protect all trees and other woody plants as
necessary located upon the property of such owner in order to provide for the safe and convenient
use of streets, alleys, sidewalks, walkways, trails or other town -owned property. Tree and other
woody plant growth shall be maintained so as not to obstruct the visibility of any traffic control
device or sign, the view for traffic at any street or alley intersection; the passage of pedestrians on
sidewalks, walkways, or trails; the access of any town -owned utility or the light from any street
lamp in accordance with the specifications and requirements set forth in the most recent version
of the Town of Erie Standards and Specifications
2. Dead, dying or structurally unsound trees, limbs, or other woody plants. It shall be the duty
of the owner of any private property to remove any dead dying, or structurally unsound trees,
limbs, or other woody plants from the premises when said trees, limbs, or other woody plants are
dangerous to life, limb, or property. Whenever the town arborist after investigation, determines
that any trees, limbs, or other woody plants are in any of the conditions described herein, he may
notify the property owner in writing, addressed to the last known address of the property owner,
mailed via first class mail, postage prepaid. Such written notice shall advise the owner of the
obligation to correct any noted condition of any specific tree(s) or other woody plant(s) on the
property by a specified date. When dead, dying, or structurally unsound trees, limbs, or other
woody plants have the potential to affect adjacent property, and are dangerous to life, limb, or
property, the owner shall remove trees, limbs or other woody plants so as to avoid injury or
damage to or on the adjacent property as directed in the written notice to the owner It shall be
unlawful for any owner to fail to comply with the written notice issued by the town arborist.
3. Maintenance by town
a. In the event the owner/occupant of property fails to cut, trim, prune, remove or otherwise
take such action as directed in the written notice issued by the town arborist to eliminate the
interference, obstruction, or dangerous condition of the tree or other woody plant by the deadline
specified in the written notice, the town may take action to abate such nuisance pursuant to the
provisions of section 7-3-14 of this chapter.
b. Failure to comply with the written notice issued by the town arborist is deemed to be a
public nuisance, subject to abatement pursuant to section 7-3-14 of this chapter.
4. Infected Vegetation
a. Inspection. The town arborist, or designee, is authorized to inspect any trees or other woody
plants, logs or branches existing or growing upon private property within the town Before entry
to private property for the purpose of inspection, the town arborist shall seek consent to enter
from the owner/occupant of said property. The town arborist, or designee, shall from time to
time conduct surveys to determine if any destructive or communicable disease or other pestilence
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exists which may be detrimental to or endanger the good health and well-being of trees or other
plant life in the town.
b. Notice to owner Upon discovery of any destructive or communicable disease, or other
pestilence which endangers the growth, health, life or well-being of other trees or other woody
plants, or which is capable of causing an epidemic spread of communicable disease or insect
infestation, the town arborist shall provide the owner of the property written notice, of the
condition of the tree(s) and/or other woody plant(s), and shall direct such owner to eradicate,
remove, or otherwise control such condition by the date specified in the written notice.
c. Abatement. In the event the owner/occupant of the subject property fails to comply with
the written notice of the town arborist to eradicate, remove or otherwise control a condition as
direct in the written notice pursuant to subsection C.4.b. of this section, the town may take action
to abate such condition pursuant to the provisions of section 7-3-14.
7-3-11: ENTRY TO PREMISES:
A. In the event the town arborist or designee, determines that a condition relating to this
chapter exists on private property which requires entry upon private property to examine any
trees or other woody plants located on said property for the purposes of inspection prior to such
entry, the town arborist, or designee, shall notify the property owner in writing of the intent to
enter and secure permission from the owner/occupant for entry.
B. When the property owner/occupant has failed to timely comply with a written notice
issued by the town arborist pursuant to this chapter, the town arborist, or designee may enter the
property of the owner/occupant to abate the nuisance that exists on the property, pursuant to the
provisions of section 7-3-14.
C. When the town arborist determines that a condition relating to this chapter exists on
private property, and such condition constitutes an emergency endangering the health, safety or
welfare of persons or property the town arborist, or designee, may enter the premises to examine
any trees or other woody plants on said property that are reasonably believed to be the source of
the emergency endangering the health, safety or welfare of persons or property. Entry onto such
property shall be for purposes of inspection of the emergency condition(s) and emergency
abatement pursuant to section 7-3-14.D.
7-3-12: PERMIT REQUIRED PLANTING, REMOVING, OR TREATING TREES AND
WOODY PLANTS:
It shall be unlawful for any person to plant, cut trim, prune, treat, remove, destroy or cause to be
planted, cut, trimmed, pruned, treated removed or destroyed any tree or woody plant originating
within the public right of way of any street, sidewalk, or alley, or upon other town -owned
property within the town without having first obtained a written permit from the town arborist.
Peuuits are free of charge and are available to the public through the office of the town arborist.
7-3-13: LICENSING:
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It shall be unlawful for any contractor to engage in the business of planting, cutting, trimming,
pruning, removing, spraying, or otherwise treating or maintaining trees within the Town without
procuring an arborist license issued by the town arborist. The requirements of this section shall
not apply to private landowners performing such work themselves on trees located wholly on
their own private property or on public right of way.
A. Pesticide applicator's license required.
Any contractor that engages in the business of applying pesticides within the town shall carry a
current Pesticide Applicators License issued by the State of Colorado pursuant Title 35, Article
10 known as the Pesticide Applicators' Act.
7-3-14: VIOLATIONS; ABATEMENT PROCEDURES:
A. Violation: It shall be unlawful, and a public nuisance, for any person to fail to comply
with any provision of this chapter, or any written notice issued by the town administrator, town
arborist, or designee Any owner/occupant of property who fails to comply with any provision of
this chapter, or any written notice issued by the town administrator, town arborist, or designee,
may subject the property to abatement of nuisance, pursuant to the provisions of this chapter.
B. Abatement.
1. Whenever the town arborist determines that there is a violation of this chapter, or that any
tree or woody plant located on private property constitutes a safety hazard to persons or property,
a health hazard to other trees or woody plants or prevents the safe use of any public property or
place, he may issue a written abatement notice to the owner and/or occupant of the subject
property of such violation or condition
2. Written notice of a violation of this chapter, including notice to bring any tree or woody
plant into compliance with the provisions of this chapter, shall:
a. include the property address;
b. describe the violation(s) and/or condition of any tree(s) and/or woody plant(s) that
constitute a safety hazard to persons or property, a health hazard to other trees or woody plants,
or prevents the safe use of any public property or place;
c. include an order to bring any violation into compliance, and/or correct the specified
condition of any tree(s) and/or woody plant(s) by a specific date;
d. inform the owner/occupant of the right to appeal pursuant to this section;
e. include a statement of the town's right to abate any violation or condition of any tree or
woody plant and file a lien in accordance with this section.
3. Service of the written notice shall be by first class mail postage prepaid, to the
owner/occupant as reflected on the town's records. Besides service by mail, the town arborist
may provide a copy of the written notice by hand delivery, or by posting such notice on the
subject property, or by other means reasonably calculated to provide notice.
4. It shall be the duty of the owner/occupant of any property that is the subject of the written
abatement notice issued by the town arborist, to abate the same within the time specified in the
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written notice. Timely filing of an appeal from the abatement notice shall extend the time for
abatement until a final ruling on the appeal is issued. In addition to any other available sanction
or relief, if such owner/occupant fails to comply with the requirements of the abatement order
within the specified time, he or she commits a violation of this chapter.
5. The town administrator, or designee, shall be duly authorized to abate any nuisance
specified in this chapter, which shall include authority to engage the necessary assistance and
incur necessary expense therefor.
6. The expense incurred by the town in abating any nuisance as provided herein may be
recovered by proper action from the owner/occupant of the property.
7. The town administrator, or designee, shall certify to the town clerk the costs incurred in
the abatement of the nuisance, including administrative costs and attorney fees and five percent
(5%) administrative fee for inspection and other incidental costs in connection therewith.
8. Any appeal of an abatement notice and order filed by the owner/occupant shall be filed
with the office of the town clerk within five days of the date of the notice. Failure to file an
appeal by the deadline shall be a waiver of the right to appeal. The appeal shall be heard and
determined by a hearing officer appointed by the town administrator. The hearing officer shall
determine the procedure applicable to the administrative hearing. The hearing shall be informal,
the rules of procedure related to formal court cases shall not apply, nor shall the rules of
evidence The hearing officer shall determine, in a written order whether the basis of the
abatement notice and order is supported by the evidence The standard of review shall be by a
preponderance of the evidence If the hearing officer upholds the abatement notice and order, he
shall set the date by which the owner/occupant shall bring the property into compliance.
9. Notice of assessment; appeal of charges:
a. Upon receipt of the statement of charges, the town clerk shall mail to the owner/occupant
of record of the subject property a notice, stating the amount and grounds for the charges; the
deadline for payment of the assessment, and that in the event such payment is not made, the town
will assess the charges against the property; that any objection to the proposed assessment must
be made in writing filed with the town clerk's office within seven (7) days of the date of the
assessment. Upon the expiration of the seven (7) day period, if the town clerk receives no
objections and if payment in full has not been received, the town clerk shall certify such charges
to the cleric of the county treasurer who shall collect the assessment together with a ten percent
(10%) penalty for cost of collection, in the same manner as other taxes are collected.
b. If the property owner files a timely appeal with the town clerk, the appeal procedures set
forth at subsection B.8. of this section shall apply. The appellant canies the burden of proof to
establish that the charges are unreasonable, by a preponderance of the evidence The hearing
officer shall affirm, modify or vacate the charges to abate the nuisance. The written ruling of the
hearing officer shall be provided to the appellant and the town clerk If the hearing officer
affirms the assessment, in whole or in part the owner/occupant shall pay the amount in full by
the deadline established in the written order of the hearing officer. In the event timely payment is
not received, the town clerk may certify the charges to the clerk of the county treasurer as
provided herein
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C. Additional remedies.
In addition to the penal remedy and abatement procedures set forth in this chapter, any violation
of this chapter is a public nuisance, for which there is no adequate remedy at law, and therefore
any court of competent jurisdiction shall, upon the town attorney's application, enjoin the
nuisance, as defined in this chapter. Nothing in this chapter shall prevent the town attorney from
seeking other appropriate legal or equitable relief from any court of competent jurisdiction. In
addition, the owner/occupant of any property constituting a nuisance shall be liable to the town,
jointly and severally with every person creating or maintaining the nuisance, for the town's
reasonable expenses incurred in abating the nuisance and the town attorney may commence and
prosecute to final judgment an action at law in any court of competent jurisdiction to collect such
expenses As used in this subsection, court of competent jurisdiction includes, without limitation,
the Erie Municipal Court, which insofar as practicable, shall consider and determine applications
for legal or equitable relief according to procedures otherwise applicable to proceedings in
Colorado county courts.
D. Emergency abatement.
1. Whenever the town administrator, town arborist or designee, finds that a nuisance exists
under this chapter, and places the public health, safety or welfare in imminent danger, the town
administrator, town arborist or designee, may issue an emergency abatement order, which shall
comply with subsection B of this section, except the emergency abatement order shall:
a. allow a shorter time period, as is reasonable considering the circumstances, to abate the
nuisance•
b. state that if the nuisance remains unabated at the end of the time period given to correct
the nuisance, the town administrator, town arborist or designee, will cause abatement of the
nuisance according to this section;
c. state that due to the emergency need for abatement, a timely appeal, according to this
subsection B 8 of this section may be heard after the abatement
2. Timely filing of an appeal from the emergency abatement order shall not extend the time
for abatement.
3. If the nuisance remains at the end of the reasonable time given, the town administrator
shall cause abatement of the nuisance according to subsection B5 of this section
4. If the hearing officer, upon a timely and proper appeal finds that the emergency
abatement order is unjustified, the town clerk shall not certify and the town shall not recover
abatement costs as a charge or lien against property.
7-345: APPEALS:
A. If a forestry permit or arborist license is denied, suspended or revoked, the town arborist
shall issue written documentation stating the reasons for the denial, suspension, or revocation to
be provided to the applicant of licensee.
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B. Within ten (10) calendar days of the date of the written notice, the applicant or licensee
may file a written appeal of the decision made by the town arborist. The appeal notice shall
include, at a minimum, the following information: name, address, telephone number of applicant
or licensee, location of trees or other woody plants involved in the appeal, decision being
appealed, reference to any applicable code or ordinance, and a concise statement of the reasons
for appeal.
C. The appeal shall be heard by the town administrator, or his designee. The burden of proof
shall be on the appellant to demonstrate that the decision of the town is erroneous.
D. Written notice of the decision of the town administrator, or his designee, shall be
provided to the applicant or licensee within ten days of the hearing.
7-3-16: PENALTIES, COST RECOVERY:
A. It shall be unlawful and a strict liability offense for any person or business, including but
not limited to the property owner, any person performing the work and/or any other responsible
person, to violate any provision of this Chapter, any condition imposed upon any permit or
license issued hereunder, or to permit or cause a violation of this chapter The provisions of this
chapter shall be designated as noncriminal violations Upon conviction, penalties set forth at
subsection 1-4-4.A of this code shall apply.
B. Each day a violation of this chapter exists or continues shall be deemed a separate and
distinct violation
C. Upon conviction of any provision of this chapter, to include a guilty plea, the person so
convicted shall be subject to an order of restitution from the Erie municipal court, where
applicable.
D. Tree preservation, damages and cost recovery
1. Any person who injures, damages (including by excessive pruning or topping), or destroys
any tree located on town property or public right of way shall repair said damaged to the
satisfaction of the town arborist.
2 If the town arborist, or designee, deems a tree or other woody plant to be damaged beyond
repair, the responsible person shall compensate the town either the lost monetary value of the tree
or other woody plant, as determined by `The Guide for Estabhshing Values of Trees and Other
Plants" by the Council of Tree and Landscape Appraiseis (in effect at the time of violation), or
the cost of replacing the tree, as determined by the town arborist, or designee.
3. Any person causing removal of any tree or other woody plant on town property or public right
of way, without a permit or after being denied a permit to do so, shall be responsible for three
times the appraised value of said tree or other woody plant.
Section 3 Severance Clause. If an article, section, paragraph, sentence, clause or
phrase of this Ordinance is held to be unconstitutional or invalid for any reason, such decision
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shall not affect the validity or constitutionality of the remaining portions of this Ordinance. The
Board of Trustees of the Town of Erie, Colorado hereby declares that it would have passed this
Ordinance and each part or parts thereof, irrespective of the fact that any one part or parts may be
declared invalid or unconstitutional.
Section 4. Repeal. All other ordinances, or pans of any ordinances or other Code
provisions in conflict herewith are hereby repealed.
Section 5. Effective Date. This ordinance shall take effect thirty (30) days after
publication following final passage.
INTRODUCED, PASSED, ADOPTED AND ORDER PUBLISHED I FULL BY
THE ARD OF TRUSTEES OF THE TOWN OF ERIE THIS 12rMAY OF
, 2016.
PUBLISHED IN FULL ON THE arDAY OF , 2016.
ATTEST:
By.
Na cy J. P _ •, Town Clerk
TOWN OF ERIE, COLORADO, a Colorado
municipal corporation
I
l
By:
Tina Harris, Mayor
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