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CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
1
A BYLAW TO REGULATE AND CONTROL TREE FORESTS WITHIN THE CITY
OF MARTENSVILLE.
The Council of the City of Martensville in the Province of Saskatchewan enacts as
follows:
1.
SHORT TITLE:
This Bylaw may be cited as the "Forestry Bylaw."
2.
DEFINITIONS:
a)
"MANAGER" means the Manager for the City, or person authorized to act on
their behalf.
b)
"BOULEVARD" means the portion of a street right-of-way not used or intended
for the passage of vehicles.
c)
"DIRECTOR" means the Director of Recreation & Community Services for the
City, or person authorized to act on their behalf.
d)
"DISEASED TREE" means a tree that is exhibiting symptoms of disease or insect
infestations.
e)
"HAZARD TREE" means a tree that:
i)
poses a threat or hazard to public safety;
ii)
poses a threat or hazard to public or private property; or
iii)
interferes with or provides obstruction to pedestrians, cyclists, vehicle
traffic or public utilities on streets.
f)
"PARKS FOREMAN" means the Parks Foreman for the Recreation and
Community Services Department for the City of Martensville, or person
authorized to act on their behalf.
g)
"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, week
or other form of plant or animal life or virus.
h)
"PROPERTY OWNER" means a person who owns, occupies or controls land in
the City.
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
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i)
"PUBLIC LAND" means any real property owned or controlled by the City
and includes without limiting the generality of the foregoing, titled property,
property controlled by lease or easement and public reserves.
j)
"STREET" means a street as defined by the Cities Act.
k)
"SUPERINTENDENT" means the Public Works Superintendent for the City, or
person authorized to act on their behalf.
l)
"CITY" means the City of Martensville, in the Province of Saskatchewan.
m)
"TREE" means a tree, hedge, shrub or other similar horticultural vegetation
having one or more stems.
3.
TREES ON PUBLIC LAND:
No Person other than the Director, Parks Foreman or Superintendent, shall on public
land:
a)
plant any tree;
b)
damage, disturb, prune or remove any tree;
c)
attach any notice, bill, poster, sign, wire, rope, cord, nail or other object to or
around any tree;
d)
remove or interfere with any protective barrier, structure or devise on or around
any tree;
e)
apply or administer in any form any pesticide to any tree.
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.
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.
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
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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 shown on "Appendix A" attached to and forming part of this Bylaw.
f)
Notice To Trim Or Remove Trees:
Where the Director, Parks Foreman or 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 Director, Parks Foreman or Superintendent,
may issue a notice in accordance with the provisions of Section 6, to trim or
remove the tree as the case may be.
g)
Tree Trimming Or Removal By Town:
Notwithstanding the provisions of Subsection (f) the Director, Parks Foreman or
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 other than the Director, Parks Foreman or Superintendent, shall on
street boulevards:
i.
remove any tree without the express written permission of the Manager;
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, 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.
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.
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
4
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 Director, Parks Foreman or 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 Director, Parks Foreman or Superintendent, may also take
sample 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 Director, Parks Foreman or
Superintendent, determines that a tree located on private property is a hazard tree
or a diseased tree, the Director, Parks Foreman or 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 City:
Notwithstanding the provisions of Subsection (d), the Director, Parks Foreman or
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 Director, Parks Foreman or 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.
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
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c)
Appeal Of Notice:
The property owner may appeal a notice issued by the Director, Parks Foreman or
Superintendent, pursuant to Subsection (a) to the Manager 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 City: 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 Director, Parks Foreman or Superintendent, may enter onto the
land and do or cause to be done the specified trimming and or removal of the tree.
f)
Costs Of Remedy:
i.
Where the Director, Parks Foreman or 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 City and will 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 will 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 the 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.
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
6
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 City, the Manager, Director, Parks
Foreman or Superintendent, or other person acting under this Bylaw and in good
faith.
d)
Penalties:
Any person who contravenes any provision of this Bylaw is guilty of an offense
and shall be liable on summary conviction to the penalties provided in the General
Penalty Bylaw of the City.
e)
Repeal:
Forestry Bylaw P25-95 is hereby repealed.
f)
Effective Date:
This Bylaw shall come into force and take effect on the date of final passage
thereof.
Read a first time this 15th day of October, 2013
Read a second time this 15th day of, October 2013
Read a third time this 15th day of, October 2013
___________________________
MAYOR
___________________________
CITY CLERK
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
7
"SCHEDULE 1"
COST OF TREE TRIMMING OR REMOVAL BY CITY OR CONTRACTOR
1.
$100.00 per hour subject to a two hour minimum if removal is done by the City.
2.
All costs incurred for removal of a tree(s) that have been ordered by the City and
contracted out will be charged to the homeowner as per Section 6, Sub-Section (f) of this
Bylaw.
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
8
"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 here by the date given. Failure to complete the
required work as specified will result in the City 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: _____________________________________________
______________________________________________________________________________
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
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COST OF WORK: (if done by the City)
$______________ per hour, subject to a minimum charge of $_________________.
APPEAL: if you disagree with this work or any portion thereof, you may contact the Director,
Parks Foreman or Superintendent to discuss this matter. In addition you may also appeal this
matter to the City Manager.
__________________________________________
SIGNING AUTHORITY
FOLLOW UP:
Date Property Checked:
____________________
By:
________________________
Work Completed or Incomplete: ________________________________________________
______________________________________________________________________________
Date Work Done By City: ______________
By:
________________________
Hours To Complete Work: ____________________
Cost: $_______________________
CITY OF MARTENSVILLE
FORESTRY BYLAW
BYLAW 20-2013
10
"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 City has now completed the work.
You are required to submit payment for this work in the amount specified below within 20 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: $________________________________
_______________________
CITY MANAGER
FOLLOW UP:
Date Paid By Owner:
__________________
Receipt No:
________________________
Date Added To Property Tax Roll: _____________________
By:
__________________