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ORDINANCE NO. 3 41
AN ORDINANCE A14ENDING THE CODE OF ORDINANCES OF THE
CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 35,
VEGETATION, AND ENACTING IN LIEU THEREOF A NEW
CHAPTER 35, VEGETATION.
BE IT ORDAINED by the City Council of the City of
Waterloo, Iowa:
1
That Chapter 35, Vegetation, of the Code of Ordinances of
the City of Waterloo, Iowa, is hereby repealed in its
entirety; that new Chapter 35, Vegetation, is hereby
enacted in lieu thereof as follows:
CHAPTER 35 - VEGETATION
ARTICLE I. VEGETATION IN GENERAL
Division 1. Generally
Sec. 35-1. Definitions.
Unless otherwise expressly stated or the context
clearly indicates a different intention, the following
terms shall have the following meanings in this chapter:
(a) PERSON is any individual, firm, partnership,
association, corporation, company or organization of any
kind and their legal representatives.
(b) PRIVATE PROPERTY OWNER shall mean the contract
purchaser if there is one of record, otherwise the record
holder of legal title as shown by the Waterloo City
Assessor 's records.
(c) PUBLIC PROPERTY shall include any and all
property held in the name of the City by any of the
departments , commissions or agencies within the City
Government and any and all property managed by the City by
agreement with other governmental agencies or private
persons.
(d) PRIVATE PROPERTY shall include all non-public
property as defined above.
(e) STREET shall mean the entire width between
property lines of every public way of whatever nature
within the city when part thereof is open to the use of the
public as a matter of right, for the purpose of vehicular
or pedestrian traffic.
Sec. 35-2. Penalty for Violations
Any person violating or failing, refusing or
neglecting to comply with any provision or requirements of
any section or subsection of this Chaspter, in addition to
any other remedy, shall be punished by a fine not to exceed
one hundred dollars ($100.00) or imprisoned for not more
than thirty (30) days for each and every offense; each and
every day during which a violation occurs shall be a
separate and distinct offense.
BOOK 256 pact 343
ARTICLE II . TREES AND SHRUBS
Division 1. Generally
Sec. 35-3. Definitions .
Unless otherwise expressly stated or the context
clearly indicates a different intention, the following
terms shall, for the purpose of this article, have the
following meanings:
(a) TREES AND SHRUBS shall include all woody
vegetation except where otherwise indicated.
(b) HAZARD shall be defined as any tree or shrub
which interferes with any sidewalk or the traveled portion
of any roadway or alley or with visibility at any
intersection, traffic control light or sign, or otherwise
endangers life or property.
(c) NUISANCE shall mean any tree or shrub or portion
thereof, which due to death, disease, manner of growth or
any other factor may cause or promote the spread of insects
or disease or may cause an annoyance to the general
public.
Division 2, Forestry Division
Sec. 35-4. Powers of Park Commission; Establishment of
Forestry Division and City Forester
(a) The Waterloo Park Commission shall have charge ,
custody and control of all trees and shrubs growing now or
hereafter in any park, street or public property in the
city and shall have power to supervise, plant, remove, care
for and otherwise maintain such trees and shrubs.
(b) The Forestry Division shall be established within
the Park Commission. The Forestry Division shall be
supervised by the City Forester who shall be appointed by
and be responsible to the Director of Parks. The City
Forester shall have the authority and primary
responsibility to implement the procedures of this
ordinance and supervise the general care of all trees and
shrubs under the jurisdiction of the Park Commission as
provided by this ordinance.
Sec. 35-5. Authority of City Forester.
(a) The City Forester shall be authorized to
organize, direct and regulate the planting, maintenance,
care and removal of any and all trees under the
Jurisdiction of the Park Commission. The City Forester
shall be authorized to direct the removal of any tree or
shrub, or portion thereof, whether diseased, dead or
healthy, if such tree is located on private property and is
declared a nuisance or hazard as defined in this
ordinance.
(b) The City Forester shall be authorized to prepare
specifications, requirements, guidelines and prolicies
pertaining to the planting, maintenance, care and removal
of any and all trees and shrubs covered by this ordinance.
After approval by the Park Commission, these documents will
become known as the WATERLOO TREE AND SHRUB CARE
GUIDELINES. Said documents may be revised or amended at
any time by the Park Commission.
(c) The City Forester shall cause the provisions of
this article and the WATERLOO TREE AND SHRUB CARE
GUIDELINES to be enforced.
Bov 256 PACE 344
(d) The City Forester shall, at the direction of the
Park Commission, be authorized to organize, direct and
supervise the sale of any trees or shrubs under the
jurisdiction of the Park Commission as provided by this
ordinance.
Division 3. Tree Trimmers.
Sec. 35-6. License required; exceptions enumerated; annual
fee; license year
No person shall engage in the business of removing,
cutting or trimming of trees in the City without first
obtaining the required license. The license shall allow
the removing, cutting and trimming of trees on both private
and public property. The license shall be issued uon
payment of an annual license fee of fifty dollars (p$50.00)
and upon proof of bonding and coverage for workmans
compensation. License fees shall be due and payable on the
first day of April of each year.
The above shall not apply to the following cases :
(1) Any governmental body or official representative
of such while in pursuit of official duties.
(2) Persons trimming trees on their private
property.
(3) Any person performing labor or services on or in
connection with trees at the direction and/or
under the personal supervision of a licensed tree
trimmer.
(4) Any person performing trimming adjacent to his or
her private property as defined in Section 35-1.
Sec. 35-7. Written examination prerequisite to license;
form and administration of examination; passing
score
No license required by this ordinance shall be issued until
the applicant has taken a written test to determine the
applicant's understanding of the basic principles of proper
tree removal, cutting and trimming. The test shall be
prepared by the City Forester in question and answer form
and administered by the Park Commission. A license shall
be granted upon the applicant correctly answering seventy
percent (70%) or more of the questions provided that all
other requirements of this ordinance are met.
Sec. 35-8. Job permit required; exemption; persons
eligible for permit
No person shall remove, cut or trim any tree or shrub in
any park, street, or public property in the city, except
such persons as are exempt from the requirements of a
license pursuant to this division, without a permit issued
by the City Forester. No permit required by this section
for the removal, cutting or trimming of trees shall be
issued to any person who does not hold a license pursuant
to this article. No permit shall be required for the
removal of wood deposited by the Forestry Division for the
purposes of public distribution.
Sec. 35-9. Removal of Trimmings
Any person having a permit required by this division
shall immediately, at his or her own expense, remove all
trunks, limbs, branches, twigs or brush and dispose of them
in accordance with the City Code of Ordinances.
BOOK 256 as 345
Sec. 35-10. Bond required; amount; terms and conditions
Any person, before engaging in the business or occupation
of removing, cutting or trimming trees in the city, shall
deposit with the clerk a bond in the sum of five thousand
dollars ($5, 000.00) conditioned upon faithful compliance
with the provisions of this division, and further
conditioned to indemnify, save and keep harmless the city
and its officers from any and all claims, damages, losses
and actions, by reason of any acts or things done under or
by authority or permission granted pursuant to this
division.
Sec. 35-11. Workmen' s compensation policy required
Any person, before engaging in the business or occupation
of removing, cutting or trimming trees in the city, shall
furnish satisfactory evidence to the clerk that the workmen
employed by him are covered by a suitable workmen' s
compensation policy according to the laws of the state, or
of the state of the domicile of the person performing the
work.
Division 4. Regulations
Sec. 35-12. Planting trees and shrubs on public property;
notification of City Forester required ; City
Forester to inspect planting site; planting to
conform with code; removal of trees and shrubs
in conflict with code; private persons to
locate underground utilities .
(a) No person shall plant any tree or shrub in any
park, street or public property in the city without first
notifying the City Forester. The City Forester, upon
receiving such notification shall inspect the proposed
planting site and determine the exact location, if any, for
the tree or shrub to be planted.
(b) The planting of any tree or shrub in any street ,
park or public property in the city shall conform to this
code and the WATERLOO TREE AND SHRUB CARE GUIDELINES.
(c) In the event that any person shall plant a tree
or shrub in conflict with this ordinance, the City Forester
may declare said tree a nuisance or hazard and direct its
immediate removal by the Forestry Division.
(d) It shall be the responsibility of any person
planting a tree or shrub on any park, street or public
property in the city to locate all buried utilities .
Sec. 35-13. Trimming, care, maintenance and removal of
trees and shrubs on public property
(a) All trimming, maintenance, care, removal or
otherwise disturbance of any tree or shrub in any park,
street or public place of the city shall conform with this
code and the WATERLOO TREE AND SHRUB CARE GUIDELINES.
Where any tree or shrub is growing in conflict with this
ordinance or the WATERLOO TREE AND SHRUB CARE GUIDELINES ,
the City Forester shall direct appropriate actions to
eliminate the variance.
(b) All trees or shrubs growing now or hereafter in
the streets or public property in the city shall be
trimmed and pruned by the adjacent property owner so that
in no case shall the branches be less than eight (8) feet
from the sidewalk or traveled portion of the roadway or
alley.
BOOK 256 PAGE 346
Sec. 35-14. Hazard prohibited; trimming trees and shrubs
on private property
(a) It shall be unlawful for any owner of any
property in the city to maintain, cause or permit any trees
or shrubs under such circumstances that said trees or
shrubs are or may become a hazard.
(b) All trees or shrubs growing now or hereafter on
private property in the city shall be kept trimmed and
pruned by the property owner. In no case shall the
branches be less than eight (8) feet above the sidewalk or
traveled portion of the roadway or alley.
Sec. 35-15. Nuisance prohibited ; nuisance complaint
procedure
(a) No person shall maintain, cause or permit any
tree or shrub to be maintained in such a manner as to be
considered a nuisance.
(b) In the event that such a nuisance occurs, a
written complaint, describing said nuisance and signed by
the complainant, must be filed with the City Forester.
(c) Upon receipt of a complaint, a notice shall be
issued to the owner of the property describing the property
and the nuisance which shall request the abatement of the
nuisance within fourteen (14) days of receipt of the
notice. The owner shall receive a signed copy of the
complaint form.
(d) In the event the owner of the property refuses to
abate the nuisance within fourteen (14) days of receipt of
the notice, the complainant may charge the property owner
with a violation of this section by signing the appropriate
citation.
Sec. 35-16. Abuse of trees and shrubs in streets or public
places of the city prohibited
No person shall damage any tree or shrub growing now or
hereafter in the streets or public property in the city by
abuse or by impeding the free passage of water and oxygen
to the roots or by contaminating the surrounding soil with
any harmful substance.
A permit shall be obtained from the City Forester for the
attachment of any rope, wire, nail, staple, electrical
installation or other matter to said trees and shrubs . In
the event that such damage does occur, the City Forester
shall direct the offending party to immediately, and at his
or her own expense, repair or replace the affected tree or
shrub and/or to remove any and all unauthorized
attachments.
Sec. 35-17. Protection during construction
During all building and construction operations, the
contractor or builder shall protect all trees and shrubs in
the streets or public places of the city by erecting
suitable barriers or other protective methods as determined
by the City Forester. If loss occurs, reimbursemet shall
be made to the city as determined by the City Forester.
Sec. 35-18. Permit required for trimming and removal of
trees and shrubs by utilities
Any private or public utility company must obtain written
permission from the City Forester to treat, trim, prune or
remove any tree or shrub in any street or public place of
the city. Said work shall be limited to the actual
necessities of the utility company to maintain service.
The City Forester may, if necessary, inspect and supervise
the provisions of the permit.
BooK 256 PAGE 347
1 '
Sec. 35-19 Sale of public firewood prohibited
Firewood deposited for free distribution to the public by
the Forestry Division shall be for personal use only. No
person shall sell or trade said firewood for personal
gain.
ARTICLE III . WEEDS
Division 1. Generally
Sec. 35-20. Definitions
Unless otherwise expressly stated or the context
clearly indicates a different intention, the following
terms shall, for the purpose of this article, have the
following meanings :
(a) WEEDS shall include all herbaceous vegetation
that is not maintained and cared for under normal
horticultural practices.
(b) WEED COMPLAINT shall mean the Weed Nuisance
Complaint form as described in the WATERLOO WEED COMPLAINT
POLICIES.
(c) COMPLAINANT shall mean that person who files a
Weed Nuisance Complaint form as described in the WATERLOO
WEED COMPLAINT POLICIES.
(d) HAZARD shall be defined as any weed, grasses or
other herbaceous vegetation which interferes with any
sidewalk or the traveled portion of any roadway or alley or
with visibility at any intersection, or traffic control
light or sign or otherwise endangers life or property.
(e) NUISANCE shall mean any weeds which, due to the
manner of their growth, cause an annoyance to the general
public.
Division 2. Weed Complaints
Sec. 35-21. Park Commission to Administer Weed Complaint
Processing and Inspection
(a) The Waterloo Park Commission shall be responsible
for the administration of this Article including the
receiving, processing and inspection of weed complaints on
private property.
(b) The Park Commission shall be authorized to
prepare a format for the resolution of weed complaints .
The documents contained in this format shall become known
as the WATERLOO WEED COMPLAINT POLICIES.
(c) The implementation of the provisions of this
ordinance and the WATERLOO WEED COMPLAINT POLICIES shall be
the responsibility of the Weed Inspector who shall be
appointed by and responsible to the Director of Parks. The
Weed Inspector shall have the authority to cause the
procedures of this ordinance to be enforced and shall be
authorized to direct the removal of any weeds, grasses or
other herbaceous vegetation if such vegetation is located
on private property and is declared a nuisance or hazard in
accordance with this ordinance.
BOOK 256 PACE 348
Division 3. Regulations
Sec. 35-22. Nuisance Prohibited; nuisance complaint
procedure
(a) It shall be unlawful for any owner of any
property in the city to maintain, cause or permit weeds
under such circumstances that the weeds are a nuisance.
(b) In the event that such a nuisance occurs, a
written weed complaint which describes said nuisance and
is signed by the complainant must be filed with the city.
(c) Upon receipt of a complaint, a notice shall be
issued to the owner of said property describing the
property and the nuisance which shall request the abatement
of the nuisance within fourteen (14) days of receipt of the
notice. The owner shall receive a signed copy of the
weed complaint form.
(d) In the event the owner of the property refuses to
abate the nuisance within fourteen (14) days of receipt of
the notice, the complainant may charge the property owner
with a violation of this section by signing the appropriate
citation.
Sec. 35-23. Hazard Prohibited
It shall be unlawful for any owner of any property
within the city to maintain, cause or permit any weeds,
grasses or other herbaceous vegetation to grow under such
circumstances that said vegetation is or may become a
hazard.
ARTICLE IV. VEGETATION ON PUBLIC RIGHT OF WAY
Division 1. Generally
Sec. 35-24. Definitions .
Unless otherwise expressly stated or the context
clearly indicates a different intention, the following
terms shall, for the purpose of this Article, have the
following meanings:
(a) PUBLIC RIGHT OF WAY shall mean all public
property included in the following:
(1) streets,
(2) the entire flood control levee system of the
city,
(3) any miscellaneous public property not
managed or maintained by other governmental
bodies, private persons or agencies of the
city.
(b) PARKING STRIP shall mean that portion of the
street between the curb line, shoulder line or traveled
portion of the roadway or alley and the private property
line, excepting ditches.
(c) DITCH shall mean any portion of a street designed
or maintained for the purpose of drainage and water
holding.
(d) FLOOD CONTROL LEVEE SYSTEM shall include all
areas relating to the City of Waterloo Flood Control
Program including but not limited to levees, holding ponds ,
drainage areas and associated properties.
(e) HAZARD shall be defined as any vegetation which
interferes with the traveled portion or maintained shoulder
of any roadway or the visibility at any intersection,
driveway or traffic control light or sign or which
otherwise endangers life or property.
B(w 256 PAcE 349
• d
(f) NUISANCE shall mean any vegetation which, due to
manner of growth, causes an annoyance to the general
public.
Division 2. Management of Right of Way Vegetation.
Sec. 35-25. Park Commission to administer management of
right of way vegetation; establishment of
Division of Right of Way Maintenance
(a) The Waterloo Park Commission shall be responsible
for the administration of this Article including the
management of all vegetation on public right of ways. The
Park Commission shall be authorized to organize, direct and
regulate said management and to enforce the provisions of
this Article.
(b) A Right of Way Maintenance Division shall be
established within the Park Commission and shall manage the
vegetation on all public right of ways in accordance with
this Article and guidelines set forth by the Park
Commission.
(c) Nothing in this Article shall be held or
construed to prevent or prohibit the city from entering
into agreement with other governmental agencies or private
persons to provide for the maintenance and management of
certain public right of ways by said agencies or persons .
Division 3. Regulations
Sec. 35-26. Parking strips ; construction authorized;
maintenance by adjacent property owner
required
(a) All private property owners in the city are
hereby granted the right to construct lawns or grass plots
on parking strips adjacent to their property and to
ornament said parking strips with vegetation.
(b) All private property owners in the city shall
maintain the parking strips adjacent to their property, and
the vegetation growing thereon, in a manner consistent with
this chapter and all other city ordinances including
keeping said parking strips free of holes and fences .
Sec. 35-27. Ditches maintained by adjacent property owner;
hazard prohibited
(a) All property owners in the city shall maintain
the vegetation growing in ditches adjacent to their
property in a manner consistent with this chapter and all
other city ordinances.
(b) It shall be unlawful for said property owners to
maintain, cause or permit the vegetation in said ditches
under such circumstances that the vegetation is or may
become a hazard.
Sec. 35-28. Nuisance prohibited; nuisance complaint
procedure; city to provide format for
resolution of nuisance complaints
(a) No private property owner in the city shall
maintain, cause or permit any vegetation in a ditch
adjacent to said private property under such circumstance
that said vegetation is a nuisance.
Boa 256 PAcE 350
(b) In the event that such a nuisance occurs, a
written complaint which describes said nuisance and is
signed by the complainant must be filed with the city.
(c) Upon receipt of a complaint, a notice shall be
issued to the owner of the property describing the property
and the nuisance which shall request the abatement of the
nuisance within fourteen (14) days of receipt of the
notice. The owner shall receive a signed copy of the
complaint form.
(d) In the event the owner of the property refuses to
abate the nuisance within fourteen (14) days of receipt of
the notice, the complainant may charge the property owner
with a violation of this section by signing the appropriate
citation.
Sec. 35-29. Removing or damaging herbaceous vegetation
prohibited; repair or replacement of damaged
or removed herbaceous vegetation required
No person shall damage or remove any herbaceous vegetation
contained on any public right of way in the city without
first obtaining permission from the Park Commission. In
the event that such removal or damage does occur, the
person responsible for such removal or damage shall
immediately and at his or her own expense, repair or
replace said vegetation to the satisfaction of the Park
Commission.
Sec. 35-30. City's rights reserved
Nothing contained in this Article shall be held or
construed to prevent or prohibit the city from managing the
vegetation contained in the public right of ways for any
purpose which shall, in the judgment of the city, be deemed
necessary or advisable.
PASSE AND ADOPTED by the City Council this 252 day of
1984, and approved by the Mayor this
day1984.
Del Bowers, Mayor
ATTEST:
ar 4Purge r, C' Clerk/Auditor
Certificate
I, .L.&r.c.J. .....• ,. 1 A.Y ( .d fes.............. City Clerk of the City of Waterloo, Iowa, do hereby certify
that attached hereto is a true and complete copy of......O.C..:...U.i.X?.�t 1..�...L................ No. .33. /4/��1....... as
passed and adopted by the Council of the City of Waterloo, Iowa, on the .... ..9........ day of...L."l.A..4/.,
Witnesq'My Haji$and Seal of Office this .........I........... day of .......... (.til .k 119 19....�.... ...
........, ... ...................
City Clerk
e�>< 256" ma 351
INDEXED X 146174
COMPARED
PAGED fj BLACK HAWK COUNTY, IOWA:SS
Fled for record4 19 8q
and recorded in
Book 07.5%
Page .�
DePWY
F=e x'17.00
BOOK Z56 PME 3052