§ 235-14. Vegetation management in, upon or adjacent to utility easements and rights-of-way., Chapter 235. TREES, Code of Ordinances, Rockwood

Scope of section. The provisions of this section shall apply to the removal of trees and other vegetation by public or private utilities, electronic transmission companies and telecommunication companies in, upon or adjacent to utility easements and rights-of-way in the City of Rockwood (Rockwood), including removal for purposes of vegetation management in, under and adjacent to high-voltage electricity transmission facilities, electricity distribution facilities, and other public or private utility facilities.

Purpose and intent.

(1)

Purpose. It is the purpose of this section to provide for and promote and protect the public health, safety and general welfare of the community, and a safe, wholesome, serviceable and aesthetically attractive municipality, by providing for the regulation of the removal of trees in, upon or adjacent to easements and rights-of-way within Rockwood.

(2)

Intent. It is the intent of the City Council of Rockwood that the terms of this section shall be constructed to promote the protection of community residents from personal injury and property damage and the protection of the City of Rockwood from property damage caused or threatened by the improper or incomplete removal of trees or other vegetation located in, upon or adjacent to easements and rights-of-way within the City of Rockwood and to protect the community aesthetics, as a matter of local concern within the City of Rockwood.

Removal of trees, other vegetation and stumps in, upon or adjacent to easements and rights-of-way. All public or private utilities, electric transmission companies and telecommunications companies ("actors") engaged in the removal of any tree or other vegetation in, upon or directly adjacent to any utility easement or right-of-way, including without limitation any contractor or employee engaged in said removal in accordance with any vegetation management plan provided for or adopted under any federal or state regulation, shall provide, at the sole expense of the actor, all labor and materials necessary to: a) grind all stumps to no less than six inches below the ground level; b) grade the area impacted by the removal consistent with the immediately surrounding grade; and c) place sod, grass seed, or other satisfactory ground cover visually consistent with the immediately surrounding area and appropriate to the season of the year. In instances where the tree, vegetation or stump has heaved surrounding ground area, said actor shall level the area consistent with the immediately surrounding grade. All debris, including all tree or stump parts, all stump shavings, and all sawdust or wood chips, shall be removed and carted away by and at the expense of said actor. Said actor shall be responsible for avoiding any underground utilities surrounding the location of stumps and roots of trees or other vegetation being removed.

Penalty for noncompliance.

(1)

Any person who violates the provisions of this section shall be deemed guilty of a civil infraction and, upon conviction, shall be punished in accordance with Article II of Chapter 1 of the Rockwood Code. As provided for under the Rockwood Code, each and every violation of this section is a separate offense, and each and every day that any violation of this section continues is a separate offense.

(2)

The penalties provided by this section shall be owing to the City of Rockwood in addition to any damages, costs or attorney fees which may be found owing to the City of Rockwood or any other person in any civil litigation related to any nuisance arising out of a violation of this section.

Rules and regulations. The City authorizes the City Administrator, in coordination with the Building Official, to adopt such reasonable rules and regulations as may be necessary to carry out the purpose and intent of this section.