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XIII. PERMITS
<br />PRINCIPLE: Permits provide a way to make certain that anyone who
<br />plants, does work on or removes a public tree (and sometimes private
<br />trees) is knowledgeable and capable of doing the job right. Permits also are
<br />a means to assure compliance with standards and specifications, allow for
<br />follow-up inspections, and generally serve as a tool for enabling a
<br />community to control the future of its urban forest.
<br />Example: No person except the City Arborist, his/her agent, or a contractor hired
<br />by the City Arborist may perform any of the following acts without first
<br />obtaining from the City Arborist a permit for which no fee shall be
<br />charged: (treatments and actions are listed, each one specifying
<br />whether it applies to trees on public land or to any tree, public
<br />or private).
<br />Note: An example of a permit form is included in the MAUFS/ISA
<br />"Municipal Tree Ordinance Manual,"
<br />XIV. ENFORCEMENT
<br />PRINCIPLE: For an ordinance to be more than a piece of paper, authority
<br />must be given to the city forester or other official to enforce the provisions.
<br />This includes the right to issue notices of violations, notices to perform work
<br />and to stop work.
<br />Example: The city forester shall have the power to promulgate and enforce rules,
<br />regulations and specifications concerning the trimming, spraying,
<br />removal, planting, pruning and protection of trees, shrubs, vines,
<br />hedges and other plants upon the right-of-way of any street, alley,
<br />sidewalk, or other public place in the city. (Details about the process of
<br />rule -making, review and approval by the governing body, and
<br />enforcement need to be included.)
<br />XV. PENALTIES, CLAIMS AND APPEALS
<br />PRINCIPLE: Enforceable, meaningful ordinances must contain provisions
<br />for penalties and violations. Most cities have standard statements that will
<br />work in a tree ordinance, or one may be written specifically related to
<br />trees. There needs to be a process for the city to do needed workif a
<br />landowner fails to comply with an order; and an appeal route.
<br />Examples: Violations —Any person who violates any provision of this ordinance
<br />or who fails to comply with any notice issued pursuant to provision of
<br />the ordinance, upon being found guilty of violation, shall be subject to
<br />a fine not to exceed $500 for each separate offense, Each day during
<br />which any violation of the provisions of this ordinance shall occur or
<br />continue shall be a separate offense. If, as the result of the violation
<br />of any provision of this ordinance, the injury, mutilation, or death of a
<br />tree, shrub, or other plant located on city -owned property is caused,
<br />the cost of repair or replacement, or the appraised dollar value of
<br />such tree, shrub, or other plant, shall be borne by the party in
<br />violation. The value of trees and shrubs shall be determined in
<br />accordance with the latest revision of A Guide to the Professional
<br />Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens,
<br />as published by the International Society of Arboriculture.
<br />Assessment of Claim —In the event that a nuisance is not abated by
<br />the date specified in the notice, the City Arborist is authorized to
<br />cause the abatement of said nuisance. The reasonable cost of such
<br />abatement shall be filed as a lien against the property on which the
<br />nuisance was located. In addition, the owner of the property upon
<br />which the nuisance was located shall be subject to prosecution.
<br />Appeals —(Include your municipality's standard appeals process.)
<br />XVI. OTHER,
<br />Because circumstances vary so widely between municipalities, there may be
<br />other sections necessary to fashion an ordinance to the needs of your commu-
<br />nity. These range from sections that local government may require in all its
<br />ordinances (such as a severability clause that states that if any section of the
<br />ordinance is found to be invalid or unconstitutional, it does not affect the
<br />validity of remaining sections) to how the urban forestry program is to be
<br />financed. The ordinance must fit your town's needs,
<br />Permits help make sure everyone knows
<br />the rules and best practices before
<br />doing tree work.
<br />The legal process to be used against
<br />violators must be clearly spelled out.
<br />Provisions may be made in an
<br />ordinance for unpaid bills incurred by
<br />city removals or replanting to be placed
<br />as a lien on the property and added to
<br />its tax statement.
<br />Each community's ordinance must be
<br />written to serve that community's unique
<br />needs and circumstances.
<br />TREE CITY USA BULLETIN No. 9 • National Athol- Day Foundation • 7
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