Parowan

Section 26 - 1. Commission Established Section 26 - 2. Term of Office Section 26 - 3. Organization Section 26 - 4. Gifts and Bequests Section 26 - 5. Authority of Commission Section 26 - 6. City Manager Section 26 - 7. Planting Regulations Section 26 - 8. Removal of Trees by Commission Section 26 - 9. Review by City Council

26 - 1. Commission Established. There is hereby created a Shade Tree Commission consisting of seven members. A designated employee of the City Electrical Department, and the City Councilman in charge of the Street Department shall be members of the Shade Tree Commission. The remaining five members shall be appointed by the Mayor with the advise and consent of the City Council and consultation with the Shade Tree Commission.

26 - 2. Term of Office. The five appointed members of the Shade Tree Commission shall serve for a term of five years and until their successors are appointed; provided, that the members first appointed shall be appointed for such terms that the term of one member shall expire annually thereafter. The term of office of each appointed member shall commence on the first day of February in the year in which such member is appointed. The term of office of the other members of the Shade Tree Commission shall correspond to their tenure as superintendent or Councilman respectively. The City Council may remove any member of the Shade Tree Commission for cause and after a public hearing, if such hearing is requested. Vacancies shall be filled in the same manner as the original appointment for the unexpired term.

26 - 3. Organization. In February of each year, the Shade Tree Commission shall designate one member of the Shade Tree Commission as chairman for the ensuing year. A member of the Commission may at the pleasure of the Commission serve as Chairman in successive years. Following the appointment of the Chairman by the Commission, the Shade Tree Commission may select from their own members such other officers and adopt such rules and regulations for their own proceedings as they may deem expedient. Meetings of the Commission shall be held at the call of the Chairman and at such other times as the Commission may determine. The Commission shall keep minutes of its proceedings and its official actions which shall be immediately filed in the office of the City Recorder and shall be a public record.

26 - 4. Gifts and Bequests. The Shade Tree Commission shall, on behalf of the City and with the consent of the City Council, have authority to receive gifts or bequests from any person or organization for the building, improvement or maintenance of a civic arboretum, or for tree planning or for tree planting or maintenance on any street or public property. All such gifts shall be received by the City Treasurer and paid over to a special fund for such purposes. Said funds shall not be used for any other purpose.

26 - 5. Authority of Commission. The City, through its Shade Tree Commission, shall exercise full control over and regulate the planting, maintenance, and care of shade or ornamental trees and shrubbery now growing or which may hereafter be planted on any street or on any public property within the City. It shall be the duty of the Shade Tree Commission to make recommendations to the City Council relating to the planting, pruning, spraying, removing, and irrigating of trees and shrubs on public streets and places; to make recommendations to the City Council relating to the regulation and control of the grounds surrounding trees, shrubs, and plants on public streets and places insofar as the same may be necessary for the proper growth, care, and protection of the same; to recommend to the City Council the removal of any trees or parts thereof growing on public or private land as outlined in this Ordinance which have become a nuisance or may be dangerous to the public safety; and to recommend to the City Council the marking, maintenance and preservation of historic or notable trees.

26 - 6. City Manager. The City Manager will administer the provisions of this Chapter and such policies, recommendations, rules and regulations of the Shade Tree Commission as are approved by the City Council. Until otherwise provided by the City Council, the City Manager shall have the following duties and authority:

(1) Until otherwise provided by the City Council, the City Manager shall have the following duties and authority:

a) He shall have supervision of all trees and plants planted or growing in public streets or places within the City.

b) He shall supervise planting, trimming, spraying, preserving and removing trees and other plants in public streets which front on property owned by the City, in City cemeteries and in City parks to promote safety and preserve the beauty of such public places. c) He shall care for all trees in the City which have been designated by the City Council or Shade Tree Commission as historic or notable trees.

(2) All owners and occupants of each parcel of real property within the City shall be responsible for the watering and care of trees located in public streets which front on that parcel of real property. All pruning of such trees must be done pursuant to proper maintenance and in no event will pruning be allowed which will be detrimental to the healthy growth of said trees.

26 - 7. Planting Regulations. The Shade Tree Commission shall prepare a list designating the species of trees and shrubs which may be planted under overhead City electrical lines and on public streets within the City; and, upon approval of such list by the City Council, no trees or shrubs, other than the kind designated, shall be planted under any overhead City electrical lines and on any public street or public place without the consent of the Shade Tree Commission. The Shade Tree Commission shall also prepare and submit to the City Council rules and regulations establishing standards for the planting of trees and shrubs under overhead City electrical lines and upon the public streets and on public property, and, after approval of said rules and regulations by the City Council, no trees or shrubs shall be planted other than in accordance with the standards so established, unless the written consent of the Shade Tree Commission is obtained. The Electrical Department will construct, own, operate and maintain electrical lines only along public streets, roads, and other rights-of-way which the city has the legal right to occupy, and cross other public and private property across which the city has a utility easement. In no event shall any tree be planted over the City's underground electrical easement.

26 - 8. Removal of Trees by Commission. The City, through its Shade Tree Commission, shall condemn and remove, or order the removal of any tree, tree stump, shrub, or plant upon any of the public streets or on public property within this City where the same is dead, diseased, or for any reason whatsoever is deemed undesirable by the Shade Tree Commission. The City, through its Shade Tree Commission, shall have authority to condemn and remove, or order to be removed any tree, tree limbs, tree stump, shrub, or plant upon private property which encroaches over a public walkway when the Shade Tree Commission shall find such action necessary to the public safety or to prevent the spread of disease or insects to public trees and places. However, the affected private property owner shall have after reasonable notice and after thirty (30) days thereof an opportunity to remedy any condition deemed undesirable by the Shade Tree Commission. The Shade Tree Commission shall have authority, with reasonable notice to the abutting property owner, to remove or order the removal of any tree, shrub, or plant which has been planted upon any public street or on any public property in violation of this Chapter or any other Ordinance.

26 - 9. Review By City Council. The City Council shall have the right to review the acts and decisions of the Shade Tree Commission and the City Manager. Any person may appeal any ruling or order from the Shade Tree Commission or the City Manager to the City Council, and the City Council shall hear the matter and make a final decision.

Title 26 - Parowan Shade Tree Commission was adopted by the City Council on January 8, 2004 (Refer to Ordinance No. 2004-01-02)