CHAPTER XIII. STREETS AND SIDEWALKSCHAPTER XIII. STREETS AND SIDEWALKS\ARTICLE 3. TREES & SHRUBS

(a)   That there is hereby created and established a city tree board for the City of Bucklin, Kansas, which board shall consist of seven (7) members, who are citizens and residents of said city, and who shall be appointed by the mayor with the approval of the council.

(b)   That the term of office of the seven (7) members of said city tree board to be appointed by the Mayor shall be three (3) years except that the term of two (2) of the members appointed to the first city tree board shall be for only one (1) year and the term of two (2) members of the first city tree board shall be for only two (2) years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term. Members of the city tree board shall serve without compensation.

(c)   It shall be the responsibility of the city tree board to study, investigate, counsel and develop a written plan to provide a guide for the proper development and maintenance of the tree environment of the city, including the care, preservation, trimming, planting, replanting, removal or disposition of trees and shrubbery in public ways, streets, avenues, and alleys. Upon completion of such plan, it shall be presented to the city council for approval. Thereafter, the city tree board shall review and update such plan, as necessary, and shall submit the same annually to the city council for approval. The city tree board, in accordance with such plan, shall control all planting, pruning and removal of all trees and shrubbery located within the streets, avenues, alleys and public places within said city. An owner of land abutting thereon may, when acting within the provisions of this section and the approved plan, prune, spray, plant or remove trees and shrubbery in that part of the street rights-of-way, easements and alleys abutting his or her land not used for public travel. An owner of property intending to deviate from the provisions of this article must first secure written approval for such deviation from the city tree board.

(d)   The city tree board shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings and provide a copy thereof to the city council. A majority of the members of the city tree board shall be a quorum for the transaction of business.

(e)   The following list constitutes the official street tree species for the city, and no species other than those included in the following list may be planted as street trees without written permission of the city tree board, to-wit:

Small Trees

Medium Trees

Large Trees

Evergreen Trees

Apricot

Green Ash

Littleleaf Linden

Austrian Pine

Autumn-Olive

Northern Catalpa

Cottonwood (Cottonless male)

Baldcypress

Flowering Crabapple

Hackberry

Silver Maple

Pinyon Pine

Godenraintree

Hybrid Honeylocust

Bur Oak

Norway Spruce

Washinton Hawthorn

(Moraine, Skyline and Shademaster)

Japanese Lilac

Linden (American & Redmond)

Paper Mulberry

Mulberry (red, fruitless, male)

Bradford Pear

Japanese Pagodatree

Purpleleaf Plum

Lacebark Elm

Eastern Redbud

Chinkapin Oak

Amur Maple

Osage Orange

Cockspur Hawthorn

Chinese Pistache

Kentucky Coffeetree

Western Soapberry

(f)   Street trees shall be spaced and planted in the tree lawn where there is more than six (6) feet between the edge of the sidewalk and the curb of the street, and street trees shall be spaced and planted no closer than three (3) feet from a sidewalk or a street. No street tree shall be planted closer than thirty-five (35) feet from any street corner, measured from the point of the nearest intersection of curbs or curb lines, and no street tree shall be planted closer than ten (10) feet from any fireplug.

(g)   The city shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubbery within the lines of all streets, avenues, alleys, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of such any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect disease, or other pest.

(h)   The owners of any tree overhanging any street or right-of-way within the city shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to trim any tree or shrubbery on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.

(i)    Whenever the city tree board or any competent state or federal authority shall file with the governing body of the city a written statement based on laboratory test or other supporting evidence that trees or tree material or shrubbery located upon private property are infected or infested with or harbors any tree or plant disease or insect pest or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or destruction of other trees or shrubbery in the community, describing the same and where located, the city clerk shall be directed to forthwith issue a written notice requiring the owner or agent of the owner of the premises to treat or remove any such designated tree, tree material or shrubbery within sixty (60) days after receipt of such notice. Notice shall be served by a law enforcement officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner is a nonresident of the city, then the city clerk shall notify the owner by mailing a written notice by certified mail to his or her last known address.

(j)    If the owner or agent of the owner shall fail to comply with the requirements of the written notice within the time specified in the notice, then the governing body of the city may proceed to have the designated tree, tree material or shrubbery treated or removed and charge the cost of removal or treatment on the property owner's property tax notice.

(k)   The city clerk shall, at the time of certifying other city taxes to the county clerk, certify any unpaid costs for treatment or removal performed under the authority of subsection (j) hereof, and the county clerk shall extend the same on the tax roll of the county against the subject lot or parcel of ground. The cost of such work shall be paid from the general fund or other property fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.

(l)    It shall be unlawful for any person to prevent, delay or interfere with the city tree board, or any of its agents, or servants, while engaging in and about the planting, cultivation, mulching, pruning, spraying, or removing any street trees, or trees on private grounds, as authorized by this article.

(m)  All stumps of street 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.

(n)   The governing body of the city shall have the right to review, modify or repeal the conduct, acts and decisions of the city tree board. Any person may appeal from any ruling or order of the city tree board to the governing body within thirty (30) days after such ruling or order of the city tree board is made.

(Ord. 747; Code 2017)

The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.

(Code 2017)

Whenever any competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction or other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice.

(Code 2017)

Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address.

(Code 2017)

If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the city superintendent shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work.

(Code 2017)

No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city shall be permitted to remain on the premises, but shall immediately be removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease.

(Code 2017)

(a)   Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the Street from a street light, or interferes with visibility of any traffic control device or sign.

(b)   The city shall have the right to cause the removal of any dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice.

(Code 2017)

The city shall have the authority to treat or to remove any tree as defined in section 13-302, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large.

(Code 2017)

The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-305 or 13-307 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefor are received or when such assessments are collected and received by the city.

(Code 2017)

No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city.

(Code 2017)

No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction.

(Code 2017)