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275763 WNITE - CITY CLERK �" �"' PINK - FINANCE COIlI1C11 ��� ���i� CANARY - DEPARTMENT G I TY OF SA I NT PAU L BLUE F MAYOR File N O. � • ' • � O/ indnce ordinance 1�0. � ��� � Presented By Referred To Committee: Date Out of Committee By Date P�,�e 2. Subd. 2. Trimmin� and removal of trees; permit. No person shall trim or remove any tree bordering on any public street or highway without making ���e application, in the manner provided._ in Subdivision 1, and receiving a permit therefor from the said Se�a��ss}e�.e� director. Section 3. This ordinance shall be deemed a part of the Saint Paul Legislative Code, and shall be incorporated therein and given an appropriate chapter and�or section number at the time of the next revision of said Code. Section 4. This ordinance shall take effect and be in force 30 days from and after its passage, approval and publication. COUNCILMEN Requested Department of: Yeas Nays � Hunt COM UNITY ICES �evine In Favor — Maddox McMahon , Showalter Against B Tedesco wlson Adopt y Coun . Date OCT 2 3 �9e0 Form Approved by C ty tt r ey i rtified sed b ounc5l Secretary BY , 1 1 Approved b r: Dat an Ap ved by Mayor f r S By B P�B�ts�Ffl N�V 1 198� � ' ���'���i� 261. PLANTING OF TREES ON PUBLIC STREETS 261.01. Plantina of Trees. That whenever a majority of the owners of property fronting on any street, not less than one block in length, shall file a petition in the form hereinafter provided, with the Commissioner of Parks, Playgrounds and Public Buildings, requesting him to cause trees to be planted along any such street or portion of street, the said Commissioner may proceed to plant such trees under the conditions hereinafter prescribed. 261.02. Petition. The. said petition may be in one or more papers and shall be addressed to the Commissioner of Parks, Play- grounds and Public Buildings; it shail describe the street or portion thereof along or upon which the planting of trees is requested, shall be sioned by the petitioners in person or by their duly authorized aeents, and shall give the residence of each petitioner and a descrip- tion of the real property o�vned by him, fronting on said street. No person shall siUn as aaent for another, unless his authority to so sinn is in �vritina and filed with the petition, or unless it be recorded in the office of the Register of Deeds of Ramsey County in �tihich case a reference to the book and pa�;e of the record tivhere the authority may be found, shall be �iven. � 261.03. Order. Upon the receipt of saici petition, the said Com- missioner shall investigate the o�vnership of the property described therein, and if he is satisfied that the persons signing said petition are the o«ners of said property respectively, ancl that the sionatures to the petition are genuine and constitute a majority of the owners of land fronting on the street or part of street affected, he may plant the trees alon�; the street in front of the property described in the petition; provided that said Commis3ioner shall not be required to � plant trees on any street or portion of any street, for a distance of less than one block. 261.04. Cost—�issessment. The said Commissioner shall care- fu113� file away all petitions received, and shall keep a true and accu- rate account of the cost of planting and caring for said trees, and shall, on or before the l�th day of October of each year, submit to the Council an assesament roll, in �vhich shall be set out the name of the owner of each piece or parcel of land proposed to be assessed, a description of such land, and opposite each lot or parcel of land its proportionate cost of planting and caring for the trees in front thereof for that year. The said roll shall be deemed and considered a proposed assessment, and the council shall, upon submission thereof, consider same, and if the said assessment is made satisfactory to the Council, it shall by resolution approve said assessment as the as�essment for planting and taking care of said trees in front of the property therein described for that particular year, and direct the City Clerk to certify t�e same to the County Auditor of Ramsey County for extension on the ta�:c rolls, and to be collected in the same manner as other tases. (Ordinance 3873, passed April 9, i917.) �g� �-���� p?�+.i � z 262. PLANTING AND 1�TAiNTENANCE OF TREES ON PUBLIC STREETS 262.01. Trees Bordering Highways. That the Commissioner of . Parks, Playground3 and Public Buildings is hereby authorized and empo�vered to take charge and control, through the City Forester, of all trees bordering any publie highway or on any part of such highway, and of the planting, care, removal, trimming and treatment of such trees when diseased. 262.02. City Forester to Report. It is hereby made the duty of the City Forester to make investigation and report in writing from time to time to the Commissioner of Parks, Playgrounds and Public Buildings such trees bordering hightivays as need care, removal, trim- mine or treatment,giving in such r2port a description by lot and block of the abutting property, and the said Commissioner, in case he is of the opinion that such trees are in need of care, shall make and file in his office an order in writing directing the City Forester to assume char�e, direction and control of such trees, and upon the making and filino of such order, the City Forester shall be authorized and required to give such trees the necessary care and supervision. 262.03. As.sessment of Cost. The cost of such planting, care, remo�al, trimming, treatment and supervision shall be assessed to the abutting property. 'The City Fvresttr shal! kccp and file with thc said Commissioner a true and accurate account of the cost of carin� for and super- vising the said trees �rhich have been place�l under his char�c, and ttre said Cornmissioner shall, on or before th� fift:;enth day of Ociober of each y�ear, submit to the Council an assessment roll, in which shall bz s�t out the name of �ach piece or parcel of land proposecl to be assessed, a description of such l,�nd, ancl opposite each lot or parcel of land taken care of, its proportionate cost of the care of the trees in front thereot for that year. The said roll shall ba dezmecl and considered a proposed assessment, and the Council shall, upon submission thereoE, consider the same, and if the said assessment is made satisfactory to the Council, it shall by resolution approve said assess- ment as the assessment for takin; care of said trees in front of the property therein described for that particular year, and direct the Cit}� Clerk to certify the same to the County Auditor of Ramsey County for extension on the tax rolls to be collected in the sarrie manner as other taxes. 262.04. Park Fund. The cost of such plantin„ carz, removal, trim- ming, treatment and supervision of trees shall, in the first instance, be rnet and borne out of the Forestry Revolving Account of the Park Fund, and all moneys received throug:n assessments, or from other sources for tne c�re of trees, as provided in this chapter, shall be creclited to said fund. , , z�'8' w �,,�j s �`�5 t�`� � � z� y�Z, o.� 6` O DUTC_�i i��LM DISEASE �� . I` This is �rom Chapter 258 of the Legislative Code, as amended. No changes have been made ezcept for re�.�zmbering or reletter_i.ng, updating names of proper city and county officers, and obvious typograpliical errors. .05, subd. 2 ��collected�f as a special assessment (instead of "correeted" .05, subd. :4, ��department of property ta,�ationf� for "au di tor" J l. � r7! t^' � � � ���'��:� CHAPTER . DUTCH ELM DISEASE .01. Policy. The council of the city of Saint Paul has de ermined that there are many elm trees growing on public and private premises within the city of Saint Paul, the loss of which would substantially depreciate the value of public and private premises, and impair the safety, good order, general welfare and convenience of the public. The council has determined that the health and life of such trees is threatened by a fatal disease known as Dutch Elm Disease. The council hereby declares its intention to control and prevent the spread of such disease and the insect pests and vectors which carry such disease and declares the Dutch Elm Disease and the elm bark beetles which carry such disease to be public nuisances. #3#(Code 1956�� as amended, §258.01. ) .02. Nuisances. The following things are public nuisances whenever they may be found within the city of Saint Paul: (1) Any living or standing elm tree or part thereof infeeted to any de ree with the Dutch Elm Disease fungus, Ceratocystis ulmi �Buisman) Moreau, or which harbors any of the elm bark beetles, �oolytus multistriatus (Eich. ) or Hylurgopinus �ufipes (Marsh. ) ; (2) Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material � from which the bark has not beem removed and burned. #3#(Code 1956, as amended, �258.02. ) .03. Plant pest control program. It is the intention of the council o� the city of Saint Paul to conduct a program of plant pest control pursuant to the authority granted by Minnesota Statutes, Section 18.022. This program is directed specifically at the control and elimination of Dutch Elm Disease, causal fungus and elm bark beetles and is undertaken at the recommendation and under the direction of the commissioner of agriculture. The city forester shall act as coordinator between the commissioner of agriculture and the council in the conduct of this program. The city forester, under the direction of the director of the department of community services, is authorized to perform the duties and exercise the powers as set out in this chapter. #3#(Code 1956, as amended, I�258.03. ) � � � . ���.�;:-��, .04. Inspection. Subdivision 1. City forester to inspect. The city forester shall inspect all premises and places within the city of Saint Paul as often as practical to determine whether any condition described in Section .02 exists thereon. He shall investigate all reported incidents of infestation by Dutch Elm fungus or elm bark beetles. The city forester or his duly authorized officers, employees or agents may enter upon private premises at any reasonable time for the purpose of carrying out any of the duties assigned to them under this chapter. Subd. 2. Analysis of specimens. Whenev�r necessary to determine the existence of Dutch Elm disease or elm bark beetles in any tree, the person inspecting such tree may remove or cut specimens from the tree in such manner as to avoid permanent injury thereto and may forward such specimens to the �Minnesota department of agriculture for analyses to determine the presence of such nuisances. No action to remove living trees or wood shall be taken until positive diagnosis of the nuisance has been made. #3#(Code ig56, as amended, �258.04. ) .05. Abatement, procedures. Subdivision 1. Notification to owner etc. Whenever the city forester has reason to believe hat a nuisance as defined in Section .02 exists on any private property in the city, he shall report his findings to the mayor. If the mayor determines that a nuisance exists, the owner or person in control of such property on which the nuisance is found shall be notified by registered or certified mail of the infestation and the notice shall direct that the infestation be removed and burned or otherwise effectively treated in an approved manner by such owner or person in charge within ten days after receipt of such notice. The notice shall also state that if such nuisance shall not have been abated within the time providea, the city, by and through its department of community services, may abate the nuisance at the expense of the owner and that, if unpaid, the charge for such w�rk will be made a special assessment against the property concerned. Subd. 2. Failure to act; city may abate. If the owner or person in control of any private premises fails to have such a tree so removed and burned or otherwise effectively treated within ten days after receipt of ntoification by mail, or when the owner or person in control cannot be located, the department of community , �'f � . � rr`� � services may proceed to have such tree removed and burned or otherwise effectively treated, and any expense incurred by the city in so doing may be a charge and lien upon the said property and shall be collected as a special assessmient� against the property concerned. Subd. 3. Record of costs. The city for�ster shall keep a record of the cost of abatement done under this section and shall report to the city council all work done for which assessments are to be made, stating and certifying the description of the lots and parcels involved and the amount chargeable to each lot and parcel. Subd. 4. Charges a special assessment On or before September 1 of each year, the city forester shall list the total unpaid charges under this chapter. The city council may then spread the charges against property benefited as a special assessment under Minnesota Statutes, Section 429. 101 and other pertinent statutes for certification to the Ramsey county department of property taxation and collection the following year along with current taxes. Subd. 5. Certain propert exempt from assessment Notwithstanding other provislons of this section to the contrary, no property shall be assessed for �he removal of trees whereon a dwelling or use exists as defined in Section 60. 323 through 60. 327 of the St. Paul Legislative Code. #3#(Code 1956, as amended, �258,p5, ) .06. Permit to transport wood It shall .be unlawful for any person to transport within the city any bark-bearing elm wood without having obtained a written permit from the department of community services. The said department shall grant such permits only when the purpose of this c apter shall be served thereby. #3#(Code �956, as amended, �258.06.� .0�. Sprayin�. Whenever the city forester determines that any elm tree or elm wood ivithin the city is infected with Dutch Elm fungus, he may spray all nearby high value elm �rees with an effective elm bark beetle destroying insecticide. Spraying activities authorized by this section shall be conduct�d in accordance with technical and expert opinions and plans of the commissioner of agriculture and under the supervision of the commissioner and his agents whenever possible. #3;�(Code 1956, as amended, �258.07. ) .08. No interference with forester. It is unlawful for any person to pra vent, delay or interfere with the city forester or his agents while they are engaged in the performance of duties imposed by this chapter. #3#(Code 1956, as amended, �258.08. ) � � � � � �5�6� PRESERVATION AND PftOTECTION OF TREES This is Yrom Chapter 259 0� the Legislative Code, with no changes except for updating o� names of ' proper city offices: .01 From 259.01, substituting ��director o� the department of community services�' for "commissioner of parks, playgrounds and publie buildings. " .02 From 259.02, ��director" �or "commissioner. �� .03 From 259.03, no change. .04 From 259.04, no change. .05 From 259.05, no change. , . .06 From 259.06, substituting "director�� �or "commissioner" of public works. .07 From 259.07, no change. .08 From 259.08, no change. .09 From 259.�9, substituting "director of community services" for ��commissioner. �� .10 From 259.10, substituting �'director" for "commissioner. " Proper seetion numbers will be inserted in body of paragraph. Substituted "forestry assessment �und" for ��park fund, " in last line. .11 From 259.11, substituting ��director" for "commissioner. �� Proper section number to be inserted. .12 From 259.12, substituting ��director" for "eommissioner. " Proper seetion number to be � inserted in text. .13 From 259. 13, no change. .4 From 259.14, substituted "director" for ��commissioner. " �;` r �(� t� �� :JC". . �_ ���r�;,�� � ' � a,; � _ CHAPTER . PRESERVATION AND PROTECTION OF TREES .01. Definitions. Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings indicated in this section. (1) "Director" means the director of the dep�rtment of community services. (2) "Person" means natural persons, firms or partnerships , corporations, joint companies and associations of every kind. (3) "Public place" means public streets, lanes, alleys, highways, parks, parkways, playgrounds, and any �ther public grounds or place of any description. (4) ��Wires" means electric light, electric power, telephone, telegraph and guy wires, and all other wires of every description in or suspended over public places as herein defined. (5) "Tree" shall include shrubs and plants as well as trees. (6) "City" means the city of Saint Paul. #3#(Code i956, as amended, �259.01. ) .02. City forester. The city forester, under the direction of the director, shall have charge, direction and control of �e trees now or hereafter growing, standing or located on or within the public places of the city of Saint Paul, in respect to their planting, care, protection, preservation, removal, trimming and treatment when diseased. #3#(Code i956, as amended, §259.02. ) __ .03. Dama�in� trees. It is unlawful for any person to wilfully cut, break, injure, remove, or destroy any tree located, standing or growing, or which may hereafter be planted or placed upon any public place of the city. #3#(Code 1956, as amerided, �259.03. ) .04. Tyin� animals. It is unlawful for any person to tie or leave untied any hvrse or other animal in such manner as to permit said animal to injure the trees now or hereafter in or upon the public places of the city. #3#(Code 1956, as amended, §259.04. ) �� �,` .���. , ���#�'�►� .05. Objects. It is unlawful for any person to attach or tie to any tree now or hereafter growing, standing or located upon any public place, or to any stalie or guard intended for the protection of such tree, any wire, rope, sign or other thing whatsoever. #3#(Code 1956, as amended, §259.05. ) _ .06. Buildin� operations, etc. Every person receiving from the city or from the director of public works of said city, or from any other officer of the city, any permit to use or occupy any part of any public place, as an incident to the construction, removal or repair of buildings, or to the making of sewer, water or gas connections, or to the making of any excavations, or for the making of any public improvements therein, shall so exercise the privilege granted by said permit as not to injure, damage, deface or destroy any tree within the limits of said public place, and .every person receiving such Permit to use or occupy the public places of the city for any of the purposes aforesaid, or for any other purpose, shall properly protect and care for all trees, to prevent injury thereto by his operation. #3;�(Code 1956, as amended, @25g.06. ) .0�. Dama�ing trees; penalty. Any person receiving a permit to use or occupy the public places of the city for any purpose whatsoever, or who uses or occupies such places without a permit, who shall wilfully or negligently injure, damage or destroy any tree, or fail to adequately protect the trees located within the public places aforesaid from the consequences of such person' s use of the said public places or from his operations zherein or adjacent thereto, shall be deemed guilty of a misdemeanor. #3#(Code 1956, as amended, �259.07. ) .08. Poles and wires. Every person hereafter placing any poles or stringing any wires in, upon or over any public place in the city, shall so place said poles and string said wires and maintain the same that they will not come in contact with, injure or destroy any tree standing or located, at the time of placing such poles or stringing such wires, upon or within the public places of the city. #3#(Code �956, as amended, �259.os. ) .09. Removal of poles or wires after notice. In any case where any pole or wire shall come into contact with or has injured or is injuring any �tree within the public places of the city, the person controlling, �� � ,,, L P'T�..�F.��r4: '�'� by {.� .s �..i� ?����� � leasing, operati ng or maintaining such pole or wire shall within 72 hours after being notified in writing thereof by the director of the department of community services so remove or readjust or relocate such pole or wire that it will not come in contact with or injure such tree; provided, that where it may be necessary to remove more than one pole in order to eliminate or avoid contact with or injury to such tree, one additional day shall be ordered for the removal of each pole after the first pole that it may be necessary to remove, in order to avoid such contact or injury. In case of the removal of any pole the director is hereby authorized to designate a new location for such pole. #3#(Code 1956, as amended, §259.09. ) .10. Poles and wires; trees may be trimmed. Iri any case where any person duly authorized thereto _ desires to install poles or wires for the first time in any public place, and in any case where any person receives the notice of removal provided for in Section .09, he may at any time, in case of new installation, and within 48 hours after service of the notice provided for in Section .09 in case of removal , report to the director that it is not reasonably practicable to place or locate its poles or wires without coming in contact with the tree or trees, or to remove, readjust or relocate them, as the case may be, and that the tree or trees which obstruct the placing of the poles or wires, or with which existing wires are in contact, may be trimmed in such manner as to afford room or passage for the new poles or wires, or so as to avoid contact with or injury from the existing poles and wires, without injuring, multilating or destroying such tree or trees, and that such person is willing to pay the reasonable cost of trimming such tree or trees. The director shall thereupon investigate the situation and determine whether it is reasonably practicable to install such new poles and wires without coming in contact with such tree or trees, or whether it is reasonably practicable to remove, readjust or relocate the existing , poles and wires, and also as to whether such tree or trees may be trimmed so as to afford passage for such new poles or wires or so as to avoid contact with or injury from existing poles or wires, without injuring, mu�ilating or destroying such tree or trees, and if the director shall determine that it is not reasonably practicable to locate such new poles and wires without coming in contact with a tree or trees, or to remove, readjust or relocate existing poles or wires, and that the tree or trees in question may be trimmed without injuring, mutilating or destroying them, he shall direct the city forester to trim such tree ,�� .� ^ � � ������� or trees to the extent necessary to permit th� poles and wires to be located in case of new installation, or to eliminate contact with or injury from existing poles or wires, and the person proposing to install the new poles and wires, or owning, leasing or maintaining the existing poles and wires, shall upon demand pay the reasonable cost of trimming such tree or trees to the city, which sum shall be credited to the forestry assessment fu nd. #3#(Code �.956, as amended, §259. 10. ) .11. Removal of poles. If the said director shall determine that the tree or trees .in question cannot be trimmed so as to afford passage for such new poles or wires, or so as to avoid contact with or injury from existing poles or wires, without injuring, mutilating or destroying such tree or trees, and that it is reasonably practicable to locate the new poles or wires, or to remove, readjust or relocate the existing poles and wires, he shall report such fact in writing to the person who has applied for such tree trimming, and thereupon, and within the time specified in Section .09, such person shall remove, readjust or relocate such poles or wires so as to avoid contact with or injury to such tree or trees. #3#(Code s956, as amended, 1�259.11. ) . 12. Appeal from director' s determina,tion. In any case involving the installation of poles or wires for the first time, or in any case which requires the removal of a pole, the person proposin.g to install the new poles and wires, and the person required to remove existing poles and wires under the notice aforwaid may, within 48 hours after receiving the report or notice of the director referred to in Section .11, appeal to the council from the determination of said director by filing a notice of appeal with the said director and with the city clerk, specifying the objections to the determination of said director. The city clerk shall , at the next regular meetin.g after the service of said notice of appeal, present same to the council for consideration. • , The council shall thereupon hear such person, and the said director and other persons interested, either directly or through a committee thereof, and if the said council shall uphold the determination of said director, the person owning, leasing or maintaining such pole shall , within the time specified in Section . 11, after notice in writing of the action of the council, remove such pole and relocate it at the place designated by the director; if the council shall not uphold the determination of said , � � ��:� • ���; �� �y3� ��� director, then the person shall not be required to remove such pole, and in respect thereto and in respect to new installation, the council shall determine what shall be done in reference thereto, and cause notice thereof to be given such person. #3#(Code �956, as amended, �259.12. ) . 13. Offenses. Each day that the violation of any of the provisions of this chapter shall occur or continue shall constitute a separate offense. #3#(Code 1956, as amended, §�59. 13. ) . 14. Wires underground. This chapter shall not be construed as vesting any authority in the director to order any wire placed underground, such authority being reserved to the council . #3#(Code i956, as amended, �259. �4. ) � . �� ��. � � �. � �r J . . , D �����$.`3 REMOVAL OF DANGER.OUS TREES This is from Chapter 260 of the Legislative Code, with the following changes: .01 From 260.01, substituted t�director o� the department of community services'� for ��commissioner of parks, playgrounds and public buildings. " .02 From 260.02, substituting "director" for «commissioner. �� .03 From 260.03, substituting "director�� for . "commissioner'� and "county recorder" �or "register of deeds. " -�. ' � � � i�J � � �'����� CHAPTER . REMOVAL OF DANGEROUS TREES .01. Dan�erous trees, order. If the whole or any part of any tree shall, in the opinion of the director of the department of community services, be found, after proper investigation, to be dangerous or unsafe, the said director shall issue an order in writing to the owner or owners, agent or occupant of the property upon which such dangerous or unsafe tree is located, to forthwith cause such dangerous or unsafe tree, or portion thereof if the removal of a portion will remove the danger, to be taken down and removed; and he shall cause such order to be mailed to the last known address oY such owner, agent or occupant. #3#(Code i956, as amended, �260.01. ) .02. Removal . If within ten days after said order has been mailed, as above provided for, the owner or owners, agent or occupant of the property upon which such unsafe or dangerous tree is located, neglects or refuses to comply with said order, or has failed to file an appeal from said order with said director, then said director may enter upon said premises and take down or remove said tree or portion thereof declared by him to be dangerous or unsafe, and to do any and all things which in his opinion may be necessary fo.r the protection of life, limb or property. #3#(Code 1956, as amended, §260.02. ) .03. Assessment of expense. If, after the notice hereinbefore provided for has been given, the owner, agent or occupant has failed to remove such dangerous or unsafe tree or portion thereof, and it becomes necessary for the city of Saint Paul to remove same, said director shall mail a statement of the expense of such removal to the owner, agent or occupant of the property from which such tree or portion thereof has been removed, and if within 30 days therefrom the said owner, agent or occupant has not remitted to the city for the expense incurred by the + city in said removal, the director of the department of community services shall forthwith file a lien with the county recorder of Ramsey county in favor of the city of Saint Paul and against the propety from which such dangerous or unsafe tree or portion thereof has been removed. The amount of such expense may be recovered by the city of Saint Paul against the owner or oti,mers of said property and the lien enforced, in any civil court of competent jurisdiction, in the manner provided by law. #3#(Code 1956, as amended, �260.03. ) �� � . #�i���� PRIVATE PLANTING OF TREES ON PUBLiC STREETS; PERM�T; TRIl�Il�IING AND REMOVAL This is from Section 262.05 of the present Code, as amended. No caanges except to update names oY city officers and specif��ng "street or" highway. The remainder of Chapter 262 is to be repealed, and a separate ordin.anee is being submitted to accomplish that. �\ � � � - - ������� CHAPTER . PRIVATE PLANTING OF TREES ON PUBLIC STREETS; PERMIT; TRIMMING AND REMOVAL .01. Private planting; permit required. Any � person desiring to plant trees Uordering any public street or highway shall make application to the director of the department of community services for permission so to do, on blanks prepared by the city forester under the direction of said director, and if said forester finds and so reports that the location and trees selected by said applicant are suitable, said director shall issue a permit therefor specifying the number and kind of trees and the places where the same shall be planted. #3#(Code i956, as amended, §262.05. ) .02. Trimmin,� and r�noval of trees; permit. No person shall trim or remove any tree bordering on any public street or highway without making application, in the manner pr�vided in Section 01, and receiving a permit therefvr from said director. #3#(Code �.956, as amended, �262.05. ) ��� �� •� ���;:i PLANTERS IN COMMERCIAL AREAS This ia from Ordinance No. 16060, �dopted August 5, i9'76, which is made a part of the Legislative Code but is not presently coded as a chapter. No c��anges fror►i the original. � � , ��� . ������� CHAPTER . PLANTERS IN COMMERCIAL AREAS .01. Permit required. Any person, firm or corporation desiring to place and maintain one or more tree or plant tubs on sidewalks in the downtown area or on paved boulevards abutting commercial property outside the downtown area may be granted a permit therefor subject to the following conditions: (1) Written application. The persQn, firm, or corporation desiring such a permit shall make written application to the director of public works, showing the location, tub dimensions, name of applicant and other information as may be required by the director of public works. �2) Consent of property owners. Each application shall be accompanied by a written statement, in such form as the city attorney may require, . from the property owners abutting the street at the proposed tree or plant tub location giving their consent to the proposed installation. (3) Expiration and renewal . All permits shall expire as of the 31st day of December next following the date of issuance thereof unless renewed. At least 30 days prior to the expiration of any permit, the holder may make written application for renewal thereof. If plans and speci�ications of the trees and the location of the trees are not to be changed, the application for renesaal shall be sufficient; if the applicant gives his name and address and the location �,and number of the tubs for which renewal permit is desired. Provided further, that if the consent of the abutting property owner remains unchanged, the application may so state and renewed consent shall not be required. .02. Locations restricted. No tubs shall be located or maintained: (1) Without the approval of the director of public works. (2) In any alley. (3) At any location where the distance from the face of the curb to the inside sidewalk is less than eight feet. (4) At any location less than 50 feet from the nearest point of intersection with a street, except 80 feet in bus loading areas, unless the director of public works shall approve. �F/�, �e' � � - ���'��� (5) Any closer than ten inches from the face of the curb. (6) At any location which, in the opinion of the director of public works, interferes with pedestrian traffic. .03. Winter stora�e. Al1 tubs shall be removed for winter storage within 48 hours of an order to remove by the director of public works to the holder of such a permit. .04. Condition. It shall be the duty of the permittee to maintain each tub at all times in a safe condition at its proper location and to inspect each tub periodically in order that it may be properly maintained. Trees or plants and their tubs shall at all times be kept in a neat, clean, and presentable condition. No advertising matter or sign or writing of any kind shall be displayed upon any tree or �plant or its tub. .05. Insurance. Before a permit shall be issued, the applicant shall post or maintain with the city a public liability insurance policy approved by the city attorney and conditioned substantially as follows: That the licensee will indemnify and save harmless the city of Saint Paul, its officers, agents, and employees from any and all loss, costs, damages, -expenses, or liability whieh may result from or arise out of the granting of such permit or the installation or maintenance of such tree or plant tubs for which a permit is issued, regardless of the point to which such tree or plant tub or tubs may be moved within the city of Saint Paul, with or without the consent of the permittee; and that the permittee will pay any and all loss or damage that may be sustained by any person as the result of or which may be caused by or arise out of such installation or maintenance. The policy of ir�surance shall be maintained in its original amount by the permittee at his expense at all times during the period for which the permit is in effect. The limit of liability upon any policy of in�surance so posted shall be in no case less than �100,000 for a loss, bodily injuries or death occurring to one person, or less than �300,000 for a loss, bodily injuries or death occurring to more than one person out of any one accident, nor shall it be less than �10,000 for damage done to property arising out of any one accident. Each insurance policy shall be of the type which coverage shall automatically be restored immediately after the occurrence of any accident or loss for which liability may hereafter occur. #3#(ord. 16060, adopted Aug. 5, 1976. ) . � � � . � .• . utK u 1: 12/19 7 5 , ,: "�� :�.� ': " Rev. : 9/8/76 _ _ .��` � . . .. . . . . . ,�.u. •w-» �•'. .�..'��.���P.�Mi .,:� * :: ..�._ .... � . .... . . .: -. . . . � . . . :. . : .,. _ . _ . . �.:..... � , EXFLP.NATION OF ADMINISTRATIVE ORDERS, � ��� RESOLUTIONS, AND ORDINANCES � � � � : , � ! � . . . � �a�z: SEPTEMBER 15, 1980 �► E C E i V D �; . 1 �► `���0 . MAY_OR'S �10E TO: MAYOR GEORGE LATIMER � FR: THOMAS J, KELLEY �� •. , � . . .._ . _ P.E: Trees — Revision o� Legislative Code . � . , 7�.CTION R�QUESTED: Council� PLRPOSE AND RATIONALE FOR THIS ACTION: • Chapter 261, "Planting of Trees on Public Streets, " describing a procedure whereby property owners petition the city Yor planting of trees, has not been used for . � many years and is obsolete. It is not the intention of the depa.rtment to resume assessments for planting of �� trees. :, .. • Sections 262.01, .02, .03, .04, providing for assessment oi Costs of certain planting. � It is not the intention of the department to resume assessments for the plan.ting of � trees, so these sections are obsolete. Section 262.05 M`,���.�ti�.,�till used and is retained and revised. - � Maintenance is covered under C. 61, Administrative Code. • proposed ordinance, copy of ch�pter and sections to be repe�led. - _/ � _ �- i � l J p .� 1 s t � � `— / — /�[,� 2nd �� / / .'L� �,� 3rd � � "��— �� Adopted � t� �-��--X ;l � � Yeas Nays t . � ��5�s� . LEVINE • - MckS�HON � ���� SHOWALTER ' TEDESCO WILSOPI , �.. PRESIDENT (MADDOX) � f�' . f T.; '� . �. �� �