The following is a draft of the tree resolution introduced September 10, 2007:

ORDINANCE , 3d

Introduced by Councilor

AN ORDINANCE PROVIDING FOR THE PLANTING,
MAINTENANCE AND REMOVAL OF TREES WITHIN THE CITY OF ALBERT LEA

            WHEREAS, it is the purpose of this Ordinance to protect and promote the public health, safety and general welfare of the people of the City of Albert Lea by regulating the planting and maintenance of trees in order to protect trees and to prevent and abate hazardous and nuisance conditions within the City; now, therefore

THE CITY OF ALBERT LEA ORDAINS:

            Sec. 1.       That Sections 70-38 through 70-42 be added as follows:

Sec. 70-38.  Tree Planting Standards

The City shall have control and supervision of planting shrubs and trees upon or overhanging all streets or other public property.  The City may establish and enforce uniform standards relating to the species and types of trees to be planted and the placement and the maintenance and removal thereof.  Such standards shall be kept on file in the office of the City Clerk and may be revised from time to time by action of the Council upon the recommendation of the City Manager.

Sec. 70-39.  Order to Treat or Remove

The Park Superintendent may order the trimming, treatment or removal of trees or plants upon public or private property when he shall determine that such action is necessary to the public safety or necessary to prevent the spread of disease or of insects harmful to trees and shrubs. 

Sec. 70-40.  Order Procedure

  1. Order to Correct – When the Park Superintendent determines that it is necessary to order the trimming, treatment, or removal of trees or plants as authorized in Section 3 of this Chapter, a written order to correct the condition shall be served upon the owner, occupant, operator, or other person responsible for such tree or plant.
  2. Method of Service – The order required under this Section shall be served in one (1) of the following ways:
    1. By personal delivery of the order to the person responsible.
    1. By leaving the order with a person of suitable age and discretion upon the premises.
    2. If no such person can be found, by affixing a copy of the order to the front door of the premises. 
    3. If no person resides upon the premises, by registered mail to the last known address of the owner of the premises.
    4. By publishing in the official paper once a week for two (2) consecutive weeks.
  3. Time Limit – The order required herein shall establish a time limit for compliance dependent upon the hazard and danger created by the violation.  In case of extreme danger, immediate compliance upon service of the order is authorized. 
  4. Failure to Comply – If the owner cannot or will not comply with an order issued hereunder, the City Manager may have any necessary work done at the owner’s expense.  The City Manager may establish a procedure for dealing with and contracting for tree removal, recognizing that the City Council shall determine a policy of sharing the cost of the removal whether it be done voluntarily or by special assessment.
  5. Special Assessment – Except as limited by state law, the entire cost of remedying a condition, including the administrative charge due under subdivision (f), together with interest thereon at the maximum lawful rate, may be levied as a special assessment against the property upon which the condition was remedied.  The levying of such assessment shall not affect the liability of the owner for any other penalty that may be imposed.  Such special assessment shall be certified payable within one (1) year of its levy or such other terms as the Council may set and thereupon shall be a lien upon such property; it shall be included in the next tax bill on such property unless paid before such bill is due and shall be collected in the same manner as other taxes against such property.
  6. Administrative Charge – An administrative charge of $10.00 shall be due upon the mailing of the notice of the proposed assessment. 

Sec. 70-41.  Removal of Boulevard Trees

No boulevard tree shall be removed by anyone other than a City employee or contractor hired by the City unless written permission is given by the Park Superintendent.  Requests from property owners to remove boulevard trees for the purpose of development, expansion, driveway replacement, etc. must be approved by the Park Superintendent.  If approved, property owner must bear the cost of removal including stump.  The property owner shall also be responsible for the cost of a replacement tree if determined necessary by the Park Superintendent. 

Sec. 70-42.  Interference Unlawful

It is unlawful for any person to obstruct or interfere with the Park Superintendent or any of his employees or agents while engaged in or about the planting, cultivating, fertilizing, mulching, pruning, spraying or removing of any tree or shrub authorized in this ordinance.

That the motion for the adoption of the foregoing resolution was duly seconded by Councilor        , and upon a vote being taken thereon, the following voted in favor thereof: Councilors

And the following voted against the same:

Introduced and read the first time September 10, 2007.