City Of Greeley
 

Ordinances Relating To The Homeowner

One of our primary responsibilities in the community forest is to monitor the health and safety of our trees. Throughout the year we generate many work notices to homeowners alerting them of particular code violations on their property in reference to vegetation problems. We discover specific problems either as routine inspections or on a complaint call basis.

Obviously, hazardous trees are our biggest priority. Almost daily we discover new hazard situations. Suppression of disease and insect breakouts are also a high priority for us.

The Greeley Forestry program is based on good sanitation efforts. Most health and safety issues can be avoided by keeping the urban forest clean and properly maintained. The following ordinances are the essential tool that we use to control, manage, and beautify our Urban Forest.

We believe our program is one of the best in the state, and we attribute that to useful ordinances and an effective sanitation program. The Culture, Parks and Recreation Director has designated the Forestry Manager as responsible for carrying out ordinances related to tree care.

  1. It shall be the duty of the Forestry Manager to inspect all trees, shrubs and plants within the City to determine whether they are afflicted with insect pests, scale, fungus or other disease detrimental to the growth, life and health of such trees, shrubs and plants and to make such inspections for the additional purpose of discovering any dead trees or boughs dangerous to persons or property and for the purpose of identifying any boughs overhanging any sidewalks lower than eight (8) feet from the surface thereof or overhanging any streets lower than thirteen (13) feet from the surface thereof.

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  3. It shall be the duty of the Forestry Manager to notify the owner or other persons in possession of the premises where such conditions are described and to direct the owner or other person in possession to eradicate, remove, destroy and otherwise correct the condition described, within the timeframe specified by the Forestry Manager.

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  5. It shall be the duty of the Forestry Manager to perform or cause to be performed any spraying, removal or other work as is necessary to correct any condition described if the owner or other person in possession fails to do so within the time set forth.

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  7. It shall be the duty of the Forestry Manager to provide the Director of Finance with a statement of the costs incurred by the City in correcting any such conditions which the owners or other persons in possession fail to correct, in order to enable the Director of Finance to prepare the assessments provided.

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  9. It shall be the duty of the Forestry Manager to trim, remove or treat any trees or other plant growth in emergency situations in which there is an immediate danger to persons or property caused by such trees or plant growth. The Forestry Manager will, upon completion of trimming, removing or treating, provide the Director of Finance with a statement of the cost incurred by the City in order to enable the Director of Finance to prepare the assessment provided for.

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  11. It shall be the duty of the Forestry Manager to perform other acts as are reasonably required to carry out and enforce these ordinances.

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  13. The Forestry Manager, and all persons acting under his or her direction or authority, shall have the right to enter upon any premises, including privately owned premises, at reasonable times, for the purpose of inspecting trees, shrubs, plants and boughs and for the additional purpose of performing or causing to be performed any spraying, removal or other work as is necessary to correct a condition which the owner or other person in possession fails to correct.

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  15. It shall be the duty of all owners or persons in possession of property within the City to comply with the directions of the Forestry Manager contained in a notice sent pursuant to these ordinances, within the time stated in the notice and in the manner directed therein.

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  17. It shall be the duty of all owners or persons in possession of property within the City to pay the City any amounts incurred by the City in correcting the conditions described in a notice sent by the Forestry Manager, such payment to be made within the time specified in the assessment notice.

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  19. It shall be the duty of all owners or persons in possession of property within the City to trim and care for any trees or shrubs in the parkway, whether or not planted by the owner or person in possession; any trimming required shall be done under the supervision of the Forestry Manager.

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  21. It shall be the duty of all owners or persons in possession of property within the City to refrain from planting trees in parkways unless the trees planted are at least thirty-five (35) apart in the case of shade trees and at least twenty-five (25) feet apart in the case of ornamental trees and unless such trees are in line with each other and with trees previously planted in the parkway. The foregoing provisions shall apply to trees voluntarily planted by the owner as well as to planting ordered by the City Council.

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  23. It shall be the duty of all owners or persons in possession of property within the City to refrain from planting trees or woody plants within five (5) feet of the back of the curb or, in the absence of a curb, to refrain from planting on any portion of the right-of-way, until such time as curbing is installed.
     
  24. It shall be the duty of all owners or persons in possession of property within the City to refrain from removing or trimming trees in parkways unless such removal or trimming is to be done by a licensed tree trimmer who has obtained a permit from the Forestry Manager for such removal or trimming.

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  26. It shall be the duty of all owners or persons in possession of property within the City to refrain from interfering with the performance by the Forestry Manager.

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  28. If any property owner or person in possession of property fails to comply with the duties imposed by the Forestry Manger within the times and in the manner provided therein, such owner or person in possession is guilty of a code infraction violation.

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  30. If the City incurs expenses and costs by reason of providing services or causing services to be provided and providing materials or causing materials to be provided, such total costs and expense shall be set forth in a written assessment notice to be prepared by the Director of Finance and to be mailed by him or her to the owner or person in possession whose duty it is to provide such services and materials. All such assessment notices shall declare that the full amount is due and payable within thirty (30) days after mailing. Failure to pay any such assessment shall become a lien against the lot, block or parcel of land owned or occupied by the person to whom the assessment notice was mailed, and such lien shall have priority over all other liens, except the general taxes and prior special assessments. Such liens shall be enforced in the same manner as the lien of special assessments are enforced.

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  32. The City may bring civil suit against the owner or person in possession for the assessment or the unpaid portion thereof at any time after the thirty-day period.

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  34. No person shall import or bring into the City any trees, vines, shrubs or seeds which are infected or are in such a condition as to be dangerous to the life or health of plants or trees in the City, and no person shall sell any such items. The Forestry Manager shall have the right to order any person to cease and desist from importing, receiving for resale or selling any such infected trees, vines, shrubs or seeds. It is unlawful for any person to whom such order is delivered to violate the terms thereof, and such person shall be subject to punishment.

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  36. The Director of Culture, Parks and Recreation shall have the authority to promulgate rules, regulations and specifications for planting, trimming, and removing of trees and woody plants on public rights-of-way in the City. It is also the responsibility of the Director to hear all appeals unless a citation is issued regarding the violation of this Chapter.

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  38. No one shall plant trees or woody plants on the public right-of-way without a tree planting permit. Such permit may be obtained from the Community Development office.

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  40. The entire City shall be considered as the specific area or zone within which Elms are to be protected. Trees, or parts thereof, of Elm in a dead or dying condition that are or may serve as breeding places for the European elm bark beetle are a public nuisance and shall be removed and destroyed or buried by the owner of the tree or trees.

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  42. The administrative authority shall examine and inspect all trees within the City on both public and private property for signs of breeding of Elm bark beetles.

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  44. It is unlawful for any owner or occupant of any premises within his control to maintain trees or store wood furnishing breeding places for the Elm bark beetles. Such trees or wood shall include the following:
    (a) Dead or dying or obviously weakened Elm trees, regardless of species or variety;
    (b) Dead or dying or obviously weakened branches in otherwise healthy Elms;
    (c) Stumps of cut trees on which the bark remains;
    (d) Elm wood cut from trees, whether or not they were diseased, that is cut and piled for fireplace wood whether stored indoors or out.

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  46. It shall be the duty of all owners or persons in possession of property within the City to refrain from planting trees of any Populus genus that would eventually bear a cotton like substance such as plains cottonwoods and silver poplar; except that quaking aspen may be planted in residential areas, but not on parkways.