Beaumont Municipal Code Ch. 12.20 Trees

The City Street Superintendent may inspect any and all trees, shrubs and plants, which are in any street, or which, standing on any private property, overhang or project into any such street, to determine whether any of the same, or any part thereof, appear to be dead, liable to fall, dangerous, or an obstruction to such public travel on any such street. The City Street Superintendent may cause the same or such parts thereof as are dead, liable to fall, dangerous, or an obstruction to such public travel, to be cut down, and if in any such street, to be removed there from.

(Ord. 286 §1, 1957)

A. Except in case of manifest public danger and immediate necessity, no such trees or shrubs standing on any private property, from the duty to keep trees and shrubs upon private property shall be wholly cut down or removed unless ten days' notice in writing of its intention to cause the same to be done shall be given by the City Street Superintendent to the owner or occupant of the estate nearest such tree or shrub.

B. If the owner or occupant of such private property, within seven days after the giving of such notice, files with the City Street Superintendent his objection in writing to such removal, such tree or shrub shall not be cut down or removed, unless the City Street Superintendent gives the owner or other proper person who has been given such notice, a reasonable opportunity to be heard in support of such objection and shall thereafter approve in writing, the removal of the same, if such objection is not sustained.

(Ord. 286 §2, 1957)

Nothing contained in this chapter shall be deemed to impose any liability upon the City, its officers or employees, nor to relieve the owner of any private property, under his control, together with sidewalks and parkways, in front of such private property, in a safe condition.

(Ord. 286 §3, 1957)

The owner of lots fronting on any portion of a public street, or if the area between the property line and the street is maintained as a park or parking strip, shall maintain any trees thereon in such condition that the trees will not endanger persons or property, and which will not interfere with the public convenience in the use of public streets.

(Ord. 286 §4, 1957)

A. When any tree or part thereof appears to be dead, is liable to fall, is dangerous, or is an obstruction to public travel, whether or not the tree or shrub is on any private property and overhangs or projects on any street, or is in any street or any public grounds of the City, the City Street Superintendent shall by notice in writing notify the owner or person in possession of the property to cut down, trim or remove the tree or shrub.

B. The notice mentioned in subsection A of this section may be given by delivering a written notice personally to the owner or to the person in possession of the property, or by mailing a postal card, postage prepaid, to the person in possession of such property, or to the owner thereof at his last known address as the same appears on the last equalized assessment rolls of the county.

(Ord. 286 §§5, 6, 1957)

The notice shall particularly specify what work is required to be done and may further specify that if the tree or shrub is not cut down, trimmed, or removed within ten days after notice, the City Street Superintendent may perform such work, and the cost of the same shall be a lien on the property upon which such tree or shrub is located.

(Ord. 286 §7, 1957; Ord. No. 1068, § 1, 1-5-2016)

If the tree or shrub is not cut down, trimmed, or removed as required by the notice, the City Street Superintendent may forthwith perform such work.

(Ord. 286 §8, 1957; Ord. No. 1068, § 2, 1-5-2016)

Upon completion of the work, the City Street Superintendent shall cause notice of the cost thereof to be given in the manner specified in this chapter for the giving of notice to perform the work, which notice shall specify the day, hour and place when the City Council will hear and pass upon a report by the City Street Superintendent, of the cost of the work together with any objections or protests, if any, which may be raised by any person liable to be assessed for the cost of the work.

(Ord. 286 §9, 1957)

Upon completion of the work the City Street Superintendent shall prepare and file with the City Council, a report specifying the work which has been done, the cost thereof, a description of the real property upon which the tree was located, and the assessment against the parcel of land proposed to be levied to pay the cost thereof.

(Ord. 286 §10, 1957)

Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon the report of the City Street Superintendent, together with any objections which may be raised by any property owner liable to be assessed for the work of cutting down, trimming, or removing any tree or shrub. Thereupon, the City Council shall make such modifications in the report as it may deem just after which, by resolution, the report as submitted or as modified shall be confirmed. The decision of the City Council on all protests and objections shall be final and conclusive.

(Ord. 286 §11, 1957)

The cost of cutting down, trimming any tree or shrub may be assessed by the City Council against the parcel of property upon which same is located, and such cost so assessed if not paid within five days after its confirmation by the City Council, shall constitute a special assessment against the parcel of property, and shall be a lien on the property for the amount thereof, which lien shall continue until the assessment and all interest thereon is paid, or until discharged.

(Ord. 286 §12, 1957)

The City Council after confirmation of the report of the City Street Superintendent, may order a notice of lien to be delivered to the county auditor, who shall enter the amount thereof on the county assessment book opposite the description of the particular property, and the amount shall be collected, and shall be subject to the same penalties, together with all other taxes against the property. Thereafter the amount of the lien shall be collected at the same time and in the same manner as ordinary City taxes are collected, and shall be subject to the same penalties and interest, and to the same procedure under foreclosure and sale in case of delinquency, as provided for ordinary City taxes.

(Ord. 286 §13, 1957)

The City Street Superintendent may cut down, trim, or remove any trees in any street, or which overhang any street, by private arrangement for reimbursement with the owner of the lot or parcel of land upon which, or fronting upon which the trees are situated.

(Ord. 286 §14, 1957)

Owners or occupants of any corner lot or premises in the City shall keep all hedges, and growth in the nature of hedges, at the corner of intersecting streets, whether on the sidewalk or within the lot or premises, so trimmed that the height thereof shall not exceed three feet above the curb level for a distance of 30 feet measured horizontally in any direction from the point of intersection of the property lines at street corners.

(Ord. 286 §15, 1957)