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. �
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' • � 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�
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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.)
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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.
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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"
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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. )
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.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
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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. )
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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. "
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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. )
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.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,
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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
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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
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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. )
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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. "
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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. )
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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.
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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. )
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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.
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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.
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(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. )
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"�� :�.� ': " Rev. : 9/8/76
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� , EXFLP.NATION OF ADMINISTRATIVE ORDERS, � ���
RESOLUTIONS, AND ORDINANCES � �
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�a�z: SEPTEMBER 15, 1980 �► E C E i V D
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. MAY_OR'S �10E
TO: MAYOR GEORGE LATIMER �
FR: THOMAS J, KELLEY �� •. , � .
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P.E: Trees — Revision o� Legislative Code .
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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. -
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1 s t � � `— / — /�[,� 2nd �� / / .'L� �,�
3rd � � "��— �� Adopted � t� �-��--X ;l �
� Yeas Nays t
. � ��5�s�
. LEVINE
• - MckS�HON � ����
SHOWALTER
' TEDESCO
WILSOPI ,
�..
PRESIDENT (MADDOX) �
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