The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

“Boulevard (parkway)” means that part of the public right-of-way not covered by a sidewalk or other paving lying between the property line and the curbline of any street. In the absence of a curb, the curbline of the street shall be deemed to be the edge of that portion of the public right-of-way maintained and open to the use of the public for purposes of vehicular travel.

“Director of public works” means the designated official for the city assigned to carry out the enforcement of this article.

“Nuisance” means the doing of an act, failure to perform a legal duty, or the allowance or creation of a condition which injures, endangers, or hinders the public health, safety or welfare in the use and enjoyment of rights-of-way by the general public.

“Private trees” means any and all trees growing on private property within the city limits as of or after the effective date of the ordinance from which this section or successor sections derives and which are not defined or designated in this chapter as street trees, park trees or public trees.

“Property owner” means the person owning such property as recorded at the county register of deeds office.

“Public places” means all other grounds owned by the city.

“Public trees” means all shade and ornamental trees, shrubs and woody vegetation growing on any street or any public area.

“Public utility” means any public, private or cooperatively owned line, facility or system for producing, transmitting or distributing communication, power, electricity, light, heat, gas oil products, water, wastewater or stormwater which directly or indirectly serves the public or any part thereof within the corporate limits of the city.

“Public works department” means the designated department for the city under whose jurisdiction public trees fall.

“Rights-of-way” means any city owned, controlled, or maintained easement or right-of way.

“Street” means the entire width of every public way or right-of-way when any part thereof is open to the use of the public, as a matter of right for the purpose of vehicular and pedestrian traffic.

“Tree topping” means the specific reduction in overall size of a tree and or the severe cutting back of branches or limbs to such a degree as to remove the normal canopy and disfigure the tree.

(Ord. No. 2001-2795, § 2(24.04), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

It is the purpose of this article to promote and protect the public health, safety, and general welfare by providing for the regulation of the planting, maintenance, and removal of trees, shrubs, and other woody vegetation within the city.

(Ord. No. 2001-2795, § 2(24.01), 1-3-2001)

This article provides full power and authority over all trees, shrubs and woody vegetation within the street rights-of-way, parks and public places of the city, and to trees, shrubs and woody vegetation located on private property that constitutes a hazard or threat as described in this article.

(Ord. No. 2001-2795, § 2(24.03), 1-3-2001)

The city manager shall designate the city forester.

(Ord. No. 2001-2795, § 2(24.02), 1-3-2001)

Upon recommendation of the director of public works, the governing body may treat violations of this article which occur on privately owned property as nuisances and may cause the nuisances to be abated pursuant to chapter 13 of this Code, and may cause any costs of such abatement to be assessed as provided by such section.

(Ord. No. 2001-2795, § 2(24.11), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

Property owners abutting rights-of-way shall be responsible for maintaining trees, shrubs and other woody vegetation within such right-of-way in a manner which promotes safe and healthy plants and which protects the health, safety and welfare of the public. Such property owners shall not allow such plants to hinder or obstruct the rights-of-way or to create a nuisance. Further, the provisions contained in this article shall not exempt or otherwise waive any other duties and responsibilities imposed upon such property owners by the city Code.

(Ord. No. 2001-2795, § 2(24.09), 1-3-2001)

(a)   It shall be unlawful for any person to cut away trees, shrubs or bushes from any park, street, alley or parking or from any public grounds of the city, without permission of the director of public works or city manager in the absence of the director of public works.

(b)   The city shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The director of public works 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 lights, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest.

(Ord. No. 2001-2795, § 2(24-8.10), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

Stumps of all removed trees shall be cut to at least six inches below the ground. Surface and soil shall be replaced and the area leveled. If the area where the tree is removed is to be paved, the stump shall be removed to meet general construction standards.

(Ord. No. 2001-2795, § 2(24-8.11), 1-3-2001)

It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines within the city without first having obtained a license therefor as provided in this article.

(Ord. No. 2001-2795, § 2(24.05), 1-3-2001)

A written application for a license for the license required by this article shall be filed with the city clerk. The application shall meet the following requirements:

(1)   The name, business address and phone number of the applicant.

(2)   Filing of a certificate of liability insurance.

(3)   Evidence of the possession of workers compensation insurance, if required by law.

(4)   Evidence of the possession of a class 3A state applicator’s license if involved in the spraying of trees and shrubs.

(5)   Payment of the required license fee.

(Ord. No. 2001-2795, § 2(24-5.1), 1-3-2001)

Licenses required by this article, shall be issued by the city clerk only after the director of parks and recreation or tree board has approved the application.

(Ord. No. 2001-2795, § 2(24-5.2), 1-3-2001)

A license fee shall be paid annually in advance; provided, however, that no license shall be required of a public service company or city employee doing such work in pursuit of their public service endeavors or city employment. The license fee will be set by the governing body from time to time. The current fee may be obtained from the city clerk or the director of public works.

(Ord. No. 2001-2795, § 2(24-5.3), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

Each person who makes application for a license or renewal thereof shall furnish a certificate of liability insurance covering the work in which they are engaged and upon the terms and condition set out in this article. The certificate of insurance shall show that the applicant is covered by an effective liability insurance policy issued by a solvent corporation authorized to do business within the state and shall be issued with minimum limits set by the governing body. The governing body will set the minimum limits of insurance from time to time. The current minimum limits may be obtained from the city clerk or the director of public works.

(Ord. No. 2001-2795, § 2(24.06), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

A license granted under this article shall not be transferable. When there is a change in the business status of the licensee, the successor shall have 60 days within which to obtain a license as provided by the terms and conditions of this article; provided, however, that in the event of the death of an individual, the heirs or representatives shall be allowed 60 days within which to obtain a license and such additional times as may be granted by the city for cause within the city’s discretion.

(Ord. No. 2001-2795, § 2(24-6.1), 1-3-2001)

The license may be revoked or may not be granted under the following circumstances:

(1)   The licensee/applicant shall fail to furnish on acceptable written certification of workers compensation insurance and certificate of public liability insurance within 20 days from the date of notice is received from the city, that the insurance policy previously furnished by the licensee is to be canceled or terminated;

(2)   The licensee or any employee, solicitor, agent, or representative of the licensee has made any material misrepresentations for the purpose of defrauding any member of the public.

(3)   Failure to provide a permanent business address.

(Ord. No. 2001-2795, § 2(24-6.2), 1-3-2001)

In new subdivisions or when development of commercial property occurs, the director of public works shall review landscaping plans and may require street trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed and/or subdivided.

(Ord. No. 2001-2795, § 2(24.07), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

The city shall have the right to plant, trim, spray, preserve and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure safety when servicing city utilities or to preserve the symmetry and beauty of such public grounds. The director of public works 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 lights, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insects or other pest.

(Ord. No. 2001-2795, § 2(24.08), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

A list of preferred and recommended street tree species which shall consist of small, medium and large trees, shall be established from time to time by the director of public works. A copy of the current list shall be maintained in the office of the director of public works and copies of the list shall be provided without charge to persons requesting the same.

(Ord. No. 2001-2795, § 2(24-8.1), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

There are several species or cultivars and varieties of species, or sexes of species, that are not appropriate for planting in the parkway along the streets of the city. It is unlawful to plant any tree that is not approved by the city. The director of public works will maintain a list of species, cultivars and varieties of species, and sexes of species, that are not approved to be planted in the parking of the city. The list of unapproved species, cultivars and varieties of species and sexes of species may be changed from time to time as determined by the director of public works and approved by the governing body. It is hereby made lawful for any property owner to remove from the street parking in front of his property any tree on the lists of unapproved trees. An official list of preferred trees may be obtained from the director of public works at the city offices.

(Ord. No. 2001-2795, § 2(24-8.2), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

The spacing of street trees will be in accordance with the tree species size classes listed in this article, and no trees may be planted closer together than the following: small trees, 30 feet: medium trees, 40 feet: and large trees, 50 feet; except in special plantings designed and/or approved by a landscape architect or designed by city employees and approved by the director of public works.

(Ord. No. 2001-2795, § 2(24-8.3), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

Trees require adequate soil space to grow, maintain healthy roots, and not cause damage to property. Trees shall not be planted within the following specified distances based on their size as stated in section 21-93, tree species. Small trees shall not be planted closer than two feet from any curb or sidewalk, Medium trees shall not be planted closer than three feet from any curb or sidewalk, Large trees shall not be planted closer than four feet from any curb or sidewalk.

(Ord. No. 2001-2795, § 2(24-8.4), 1-3-2001)

No street tree shall be planted closer than 20 feet from any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than ten feet from any fireplug. No street tree shall be planted closer than 15 feet from any alley/street or driveway/street intersection.

(Ord. No. 2001-2795, § 2(24-8.5), 1-3-2001)

Every owner of any tree overhanging any street, sidewalk 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 14 feet above the surface of the street or right-of-way and eight feet above the sidewalks. Such 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 shrub on private property when it interferes with the proper spread of light along the street from a streetlight, or interferes with visibility of any traffic control device or sign, or interferes with visibility at any traffic intersection, such trimming to be confined to the area immediately above the right-of-way. All pruning and trimming practices shall conform to the International Society of Arboriculture Pruning Standards. A copy of this pruning standard may be obtained from the director of public works at the city offices.

(Ord. No. 2001-2795, § 2(24-8.6), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

It shall be unlawful for any person owning or controlling any hedge fence bordering on any street, alley or sidewalk to permit the same to grow to a height of more than four feet, or so as to overhang and obstruct any sidewalk.

(Ord. No. 2001-2795, § 2(24-8.7), 1-3-2001)

No street trees other than those species shorter than 25 feet at maturity may be planted under or within ten lateral feet from any overhead utility wire or over or within eight lateral feet from any underground water line, sewer line, transmission line or other utility. Trees within this distance, deemed nuisances, may be removed with no reimbursement to the property owner.

(Ord. No. 2001-2795, § 2(24-8.8), 1-3-2001)

It shall be unlawful for any person, firm or city department to top, dehorn or pollard any public tree. Trees severely damaged by storms or other causes, or trees creating emergency hazardous situations, are exempt from this section. Trees under utility wires or other obstructions, where standard pruning practices are impractical, may be exempted from this article at the determination of the director of public works.

(Ord. No. 2001-2795, § 2(24-8.9), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

Unless specifically authorized by the director of public works, it is unlawful for any person to intentionally damage, cut, carve, transplant, or remove any public tree; attach any rope, wire, nails, or other contrivance, to any public tree; allow any gaseous liquid or solid substance which is harmful to such tree to come in contact with them; or set fire or permit any fire to burn when such fire or the heat thereof could injure any portion of any public tree.

(Ord. No. 2001-2795, § 2(24.10), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

All trees on any street or other publicly owned property near any excavation or construction of any building, structure or street work, shall be guarded with a good substantial fence, frame or box. The director of public works will determine the distance from the trunk of the tree the fence, frame or box will be placed. All building materials dirt or other debris shall be kept outside the barrier. It is unlawful for any person to excavate any ditches, tunnels, trenches or lay drive within a radius of 20 feet of any public tree without first obtaining permission from the director of public works. Maintenance of repair work on existing underground utilities will be permitted. Excavation for new utilities and structure within a radius of 20 feet of any public tree will not be permitted unless the director of public works determines that it will not adversely affect the tree.

(Ord. No. 2001-2795, § 2(24-10.1), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

The following are hereby declared to be public nuisances wherever they may be found within the city.

(1)   Any tree or shrub located on private property having a destructive or communicable disease or other pestilence which endangers the growth, health, life or well-being of trees, shrubs or plants in the city or which is capable of causing an epidemic spread of a communicable disease or insect infestation to include but not limited to Dutch elm disease, oak wilt, pine wilt, Asian Longhorn beetle, dead and/or unsound trees and/or portions of trees that constitute a hazard to the public or public property.

(2)   The roots of any tree or shrub, located on private property, which cause the surface of the public street, curb or sidewalk to be upheaved or otherwise disturbed.

(3)   Any tree, shrub or portion thereof located on private property, which, by reason of location or condition, constitutes an imminent danger to the health, safety or well-being of the general public on city property.

(Ord. No. 2001-2795, § 2(24.16), 1-3-2001)

It shall be unlawful for any person to permit any public nuisance as defined in section 21-121 to remain on any premises owned or controlled by such person within the city.

(Ord. No. 2001-2795, § 2(24-16.1), 1-3-2001)

The director of public works or the director’s authorized agent shall inspect or cause to be inspected all premises and places within the city as often as the city manager deems necessary to determine whether any public nuisance exists thereon.

(Ord. No. 2001-2795, § 2(24.17), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

Whenever the director of public works shall determine that any tree or shrub within the city is infected with a destructive or communicable disease or other pestilence, the director may cause to be sprayed all trees or shrubs which, in the director’s judgment endangers the growth, health, life or well-being of trees, shrubs or plants in the city.

(Ord. No. 2001-2795, § 2(24.18), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

It shall be unlawful for any person to transport within the city any bark-bearing elm wood or material without first securing the written permission of the director of public works.

(Ord. No. 2001-2795, § 2(24.19), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

(a)   Generally. Whenever the director of public works shall find, with reasonable certainty, on examination or inspection, that any public nuisance exists within the city, the director shall cause it to be sprayed, removed, burned or otherwise abated in such manner as to destroy or prevent as fully as possible the spread of the destructive or communicable disease.

(b)   Procedure. Before abating any disease or pest nuisances, the director of public works shall proceed as follows:

(1)   If the owner of the infected tree, wood or other material consents in writing to such abatement, the director of public works shall cause the abatement to be accomplished.

(2)   If the owner of the infected tree, wood or other material constituting the nuisance does not consent in writing to such abatement, and if the infected tree, wood or other material is in a public street or alley, including the part thereof commonly called the parkway, the city manager shall notify the owner or agent of the owner of the abutting premises to abate such nuisance within a time specified in such notice. If the abutting property is unoccupied and the owner a nonresident, the notice shall be mailed to the owner’s last known address. If the owner or agent shall fail to comply with the requirements of such notice within the time specified in the notice, then the director of public works shall cause the abatement to be accomplished.

(3)   If the owner of the infected tree, wood or other material constituting the nuisance does not consent in writing to such abatement, and if the infected tree, wood or other material is on private property, the nuisance shall be abated at the cost of the property owner in the manner provided by K.S.A. 12-3204, which statute is incorporated in this section by reference.

(c)   Work may be done by city employees or contractors; contract requirements. For the purpose of abating the nuisances defined in this article, the city manager may use the regular employees of the city to perform the work or, in the manager’s discretion, may negotiate contracts on behalf of the city with contractors to perform the work. Such contracts shall be negotiated subject to approval by the governing body, and shall contain, among other things, requirements that the contractor furnish:

(1)   A good faith or performance bond in the penal sum set in the bid statement and contract.

(2)   A public liability insurance policy in the amount set for acquiring an arborist license in the city as set in section 21-62, application.

(3)   A policy of property damage insurance in the amount for acquiring an arborist license in the city as set in section 21-62, application.

Each such contract shall be for a term not exceeding one year. The contract shall require the contractor to cut off, at ground level, and grind stumps to six inches below ground level all trees designated by the city manager for removal and to remove the same to a site designated by the city manager. The contract shall specify the length of time within which the contractor shall remove a tree after it is designated for removal, shall require the contractor to notify the city manager prior to blocking any city street for tree removal purposes and shall, by its terms, relieve the city from all liability to the contractor and the contractor’s employees.

(Ord. No. 2001-2795, § 2(24.22), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

No damages shall be awarded to the owner for destruction of any elm tree, elm wood or elm material or any part thereof pursuant to this article.

(Ord. No. 2001-2795, § 2(24.23), 1-3-2001)

The city manager, director of public works or authorized agent shall have the authority to enter upon private premises at all reasonable times for the purpose of carrying out any of the provisions of this article.

(Ord. No. 2001-2795, § 2(24.24), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

It shall be unlawful for any person to delay or interfere with the city manager, director of public works or any agents or city employees, or any contractor employed by the city, in the performance of a duty imposed upon the manager by or pursuant to this article.

(Ord. No. 2001-2795, § 2(24.25), 1-3-2001; Ord. No. 2008-2973, §§ 1, 2, 12-17-2008)

(a)   It shall be unlawful for any person to make, cause, rake, place or mow fallen trees, branches, grass, grass clippings, leaves, dirt, trash, waste, or any other debris into the street, gutter or curb of any public street or sidewalk in the City of Concordia, unless expressly directed to do so by the City of Concordia.

(b)   Definition of “public street or sidewalk” for the purposes of this section shall include alleyways.

(c)   Upon a notification from an individual of a potential violation, or an investigation by the City of Concordia, whereupon the accused person is found in violation of any provision of this section, shall upon conviction thereof, be fined in a sum of no less than Twenty Dollars ($20), not to exceed One Hundred Dollars ($100).

(d)   Liability for fines under this section for the purposes of the landlord/tenant relationship, shall be governed by the lease agreement upon who is responsible for maintenance of the exterior of the leased structure, including by not limited to mowing, debris removal and overall care of the exterior of the dwelling.  When such an agreement is absent either from a written lease agreement or the absence of a lease agreement overall, responsibility shall lie with whomever caused such violation to occur. 

(e)   For the purposes of commercial landscape for hire, including but limited to mowing, debris removal, and overall maintenance of the exterior of the dwelling, responsibility for fines assessed for violation of this ordinance shall be the responsibility of the individual hired to conduct work on the exterior of the dwelling.  For the purpose of this section a commercial landscape for hire, shall be defined as any individual hired for any type of compensation to conduct work on the exterior of a dwelling.

(Ord. 2017-3125)