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VILLAGE OF MORTLACH
TREE BYLAW NO.2013-003
A BYLAW TO REGULATE AND CONTROL TREES AND TREE FORESTS WITHIN THE VILLAGE OF MORTLACH.
The Council of the Village of Mortlach in the Province of Saskatchewan enacts as follows:
SHORT TITLE: This Bylaw may be cited as the "Tree Bylaw."
2. DEFINITIONS:
a) "ADMINISTRATOR" means the Village Administrator, or person authorized to act on their behalf.
b) "BOULEVARD" means that portion of a street right-of-way not used or intended for the passage of vehicles.
c) "DISEASED TREE" means a tree that is exhibiting symptoms of disease or insect infestations.
d) "HAZARD TREE" means a tree that:
i) poses a threat or hazard to public safety or to public or private property; or
ii) interferes with or provides obstruction to pedestrians, cyclists, vehicle traffic or public utilities on streets.
e) "PESTICIDE" means any chemical substance or mixture of chemical substances that is intended, sold or represented for use in preventing, destroying, repelling or mitigating any insect, nematode, rodent, predatory animal, bacteria, fungus, weed or other form of plant or animal life or virus.
f) "PROPERTY OWNER" means a person who owns, occupies or controls land in the Village.
g) "PUBLIC LAND" means any real property owned or controlled by the Village and includes without limiting the generality of the foregoing, titled property, property controlled by lease or easement and public reserves.
i) "STREET" means a street as defined by The Municipalities Act.
j) "SUPERINTENDENT" means the Public Works Foreman for the Village, or person authorized to act on their behalf.
k) "TREE" means a tree, hedge, shrub or similar horticultural vegetation having one or more stems.
l) "VILLAGE" means the Village of Mortlach, in the Province of Saskatchewan.
3. TREES ON PUBLIC LAND:
a) No Person other than the Superintendent or person designated by Council, shall on public land:
i) plant any tree;
ii) damage, disturb, prune or remove any tree;
iii) attach any notice, bill, poster, sign, wire, rope, cord, nail or other object to or around any tree;
iv) remove or interfere with any protective barrier, structure or devise on or around any tree;
v) apply or administer in any form any pesticide to any tree.
b) No person other than a resident of the Village of Mortlach may harvest fruit from trees located on public land.
4. TREES ON STREET BOULEVARDS:
a) Private Planting on Boulevards :
Property owners are authorized to plant trees on the street boulevard abutting their property, subject to the provisions of this Bylaw and with approval of Council and written consent from the Village.
b) Property Owner Expense:
Property owners who plant trees on the street boulevard do so at their expense and risk and are responsible for all maintenance and removal costs associated with the tree.
c) Hazard Trees:
No property owner shall plant a tree on the street boulevard abutting their property in such a manner or location which will cause the tree to become a hazard tree when reaching maturity.
d) Diseased Trees:
No property owner shall fail to remove and properly dispose of any diseased tree which they planted on the street boulevard abutting their property, and shall restore or repair the boulevard surface.
e) Corner Sight Lines:
No property owner of a lot on a street corner shall plant trees within the corner sight line as to obstruct the view of oncoming traffic.
f) Notice To Trim Or Remove Trees:
Where the Superintendent determines that a tree located on the street boulevard that was planted by the abutting property owner is a hazard tree or diseased tree, the Superintendent may issue a notice in accordance with the provision of Section 6, to trim or remove the tree as the case may be.
Village of Mortlach Tree Bylaw No.2013-003 Page 2 of 6
g) Tree Trimming Or Removal By Village:
Notwithstanding the provisions of Subsection (f), the Superintendent may without notice to the abutting property owner, trim or remove any hazard tree located on the street boulevard where he or she determines that the condition of the tree constitutes an imminent danger to public safety or public or private property.
h) Protection Of Trees:
No person, without the express written permission of the Council for the Village of Mortlach, shall on street boulevards:
i) remove any tree;
ii) commence any work or activity liable to damage or interfere with the root system or upper structure of any tree;
iii) attach any notice, poster, sign, wire, rope, cord, nail or other object to or around any tree;
iv) remove or interfere with any protective barrier, structure or device on or around any tree;
v) alter the grade level or drainage pattern, or construct any walkway, driveway or paving in a manner so as to interfere with the access of water, air or nutrients to any tree;
5. TREES ON PRIVATE PROPERTY:
a) Hazard Trees:
No property owner shall permit a tree on their property to become or remain a hazard tree.
b) Diseased Trees:
No property owner shall fail to remove and properly dispose of any diseased tree on their property.
c) Entry To Inspect Trees:
The Superintendent may enter upon any land for the purpose of inspecting any tree which he or she believes may be a hazard tree or a diseased tree. The Superintendent may take samples or specimens of any tree located on private property for the purpose of determining if it is a diseased tree.
d) Notice To Trim Or Remove Trees:
Where the Superintendent determines that a tree located on private property is a hazard tree or a diseased tree, the Superintendent may issue a notice in accordance with the provisions of Section 6, to trim or remove the tree as the case may be.
e) Tree Trimming Or Removal By Village:
Notwithstanding the provisions of Subsection (d), the Superintendent may without notice to the abutting property owner, trim or remove any hazard tree located on private property where he or she determines that the condition of the tree constitutes an imminent danger to public safety or public or private property.
6. NOTICE TO PROPERTY OWNERS:
a) Notice Of Hazard Or Diseased Tree:
The Superintendent may declare any tree located on the street boulevard or on private property, to be a hazard tree or a diseased tree, and may issue a notice to the property owner to trim and or remove the hazard tree or diseased tree in whole or part by a specified date.
b) Form Of Notice:
The notice in Subsection (a) shall be as set out in Appendix "A" attached to and forming part of this Bylaw.
c) Appeal of Notice:
The property owner may appeal a notice issued by the Superintendent pursuant to Subsection (a), to the Administrator who may confirm, rescind or vary the notice.
d) Remedy By Owner:
The property owner shall trim and/or remove any hazard or diseased tree in accordance with the requirements of the notice in Subsection (b):
i) within seven (7) days where the notice has been delivered to the property owner by personal service;
ii) within twelve (12) days where the notice has been delivered to the property owner by prepaid ordinary mail, which shall be deemed to have been received five (5) days after mailing.
e) Remedy By Village:
Where the property owner fails to trim and or remove the hazard or diseased tree in accordance with the requirements and date specified in the notice, the Superintendent may enter onto the land and do or cause to be done the specified trimming and or removal of the tree.
Village of Mortlach Tree Bylaw No.2013-003 Page 3 of 6
f) Costs Of Remedy:
i) Where the Superintendent does carry out or causes to be carried out the work required in the notice, the costs incurred in carrying out the work are a debt due to the Village and may be recovered from the property owner.
ii) The costs of the work required under this section, shall be as set out in Schedule "1" attached to and forming part of this Bylaw.
iii) The property owner shall be notified of the costs incurred in carrying out the work, as set out in Appendix "B" attached to and forming part of this Bylaw. If these costs are not paid by the property owner within 30 days of the notice, the costs may be added to and shall form part of the taxes of the
property.
7. GENERAL PROVISION:
a) Severability:
If any court of competent jurisdiction should declare any section, subsection, sentence, clause, phase or other portion of this Bylaw to be invalid for any reason, that portion shall be deemed a separate, distinct and independent provision and the holding of the court shall not affect the validity of the remaining portions of the Bylaw, nor shall that portion be construed as having persuaded or influenced Council to pass the remainder of the Bylaw and it is hereby declared that the remainder of the Bylaw shall be valid and shall remain in force and effect.
b) Notations:
Explanatory headings and notations included in the Bylaw are intended to assist in interpretation of the provisions, but shall not derogate from any powers or duties created or imposed by the Bylaw.
c) Liability:
No liability whatsoever shall attach to the Village, the Administrator, Superintendent, Council for the Village of Mortlach or other person acting under this Bylaw and in good faith.
d) Equitable Compensation:
i) Any person who removes or damages any Village tree in violation of this bylaw shall be required to pay the Village of Mortlach Equitable Compensation as defined in Section 7.d.(ii) of this bylaw.
ii) Equitable compensation for the value of a Village tree as appraised by the International Society of Arboriculture's Evaluation of Landscaped Trees Procedures, shall be required by the Village if in the opinion of the Council of the Village of Mortlach has been irreparably damaged or has been removed without prior authorization. Repairable tree damage shall be appraised and the reduced tree value and/or cost of the repair will be considered as equitable compensation.
d) Penalties:
Any person who commits an offence against this bylaw is liable to a fine and penalty as set out in Schedule "2" which is attached to and forming part of this Bylaw. The fine and penalty will be in addition to the Equitable Compensation as outlined in Section 7.d of this bylaw.
e) Effective Date:
This Bylaw shall come into force and take effect on the date of final passage thereof.
Read a first time this 10th day of December, A. D. 2013.
Read a second time this 10th day of December, A. D. 2013.
Read a third time this 10th day of December, A. D. 2013.
_________________________
MAYOR
_________________________
ADMINISTRATOR
Village of Mortlach
Village of Mortlach Tree Bylaw No.2013-003 Page 4 of 6
SCHEDULE "1"
COST OF TREE TRIMMING OR REMOVAL BY VILLAGE -
$100.00 per hour subject to a half hour minimum.
SCHEDULE "2"
SPECIFIED PENALTIES
OffencePenalty
Planting tree on public land without authorization$300.00
Removing a public tree without a permit$1,000.00
Pruning or trimming a public tree without a permit$500.00
Remove or penetrate bark or damage a public tree$300.00
Attach sign, electrical cord or securing object to a public tree$100.00
Apply or spray harmful substance to a public tree$500.00
Non-resident harvesting fruit from public tree$500.00
Failure to comply with an enforcement order$1000.00
Village of Mortlach Tree Bylaw No.2013-003 Page 5 of 6
APPENDIX "A"
NOTICE TO TRIM OR REMOVE TREE(S)
DATE: _____________
TO: __________________________
__________________________
__________________________
RE: CIVIC ADDRESS: ____________________________________________
LOT: __________ BLOCK: __________ PLAN: _______________
You are hereby given notice that the tree(s) on your property at the locations indicated are
required to be trimmed or removed as specified herein by the date given. Failure to complete the
required work as specified will result in the Village or its agent undertaking the work, the cost of
which will be added to your property taxes. This notice is being sent to you in response to a
concern or complaint that the tree(s) in question are:
______ a hazard to the public or to property.
______ interfere with the passage of pedestrians or vehicles on the sidewalk, street or
alley.
______ diseased.
LOCATION OF TREE(S): ________________________________________________________________________________
________________________________________________________________________________
TREE TRIMMING OR REMOVAL WORK REQUIRED:
________________________________________________________________________________
________________________________________________________________________________
Trees or tree branches removed must be disposed of as part of the work requirement.
DATE BY WHICH TREE TRIMMING OR REMOVAL MUST BE COMPLETED:
OTHER COMMENTS OR REASONS: ________________________________________________________________________________________________________________________________________________________________
COST OF WORK: (if done by the Village)
$ _______ per hour, subject to a minimum charge of $ ____________.
APPEAL: If you disagree with this work or any portion thereof, or you wish to appeal this matter, you may contact the Administrator at the Village Office to discuss this matter.
_____________________________
SUPERINTENDENT
___________________________________________________________________
FOLLOW UP:
Date Property Checked: __________________ By: __________________
Work Completed or Incomplete: ____________________________________
___________________________________________________________________
Date Work Done By Village: _____________________ By: ______________
Hours To Complete Work: _____________________ Cost: $___________
Village of Mortlach Tree Bylaw No.2013-003 Page 6 of 6
APPENDIX "B"
NOTICE OF COSTS TO TRIM OR REMOVE TREE(S)
DATE: _____________
TO: ___________________________
___________________________
___________________________
RE: CIVIC ADDRESS: _____________________________________________
LOT: __________ BLOCK: __________ PLAN: ________________
Pursuant to the Notice To Trim Or Remove Tree(s) previously sent to you, be advised that as the
required work was not completed by the specified date, the Village has now completed the work.
You are required to submit payment for this work in the amount specified below within 30 days
of the date of this notice. Failure to make payment within 30 days will result in these costs being
added to your property taxes. Any such added amount will be subject to the penalties provided
for in the Tax Discount/Penalty Bylaw.
COST OF WORK AMOUNT DUE: $___________________
_______________________
ADMINISTRATOR
_________________________________________________________________
FOLLOW UP:
Date Paid By Owner: ____________________ Receipt No: ________
Date Added To Property Tax Roll _________ By: ________________