Law tweaked over safety concerns

Ordinance amendment clarifies property owners’ role in removing hazards

Mentor-on-the-Lake leaders are addressing tree hazards in an ongoing attempt to update local laws.

City Council this week approved updating its trimming and removal law, “so that it is clear that the owner of a parcel of land in the city is required to maintain trees that are on their property or on the contiguous tree lawn or contiguous road right of way so that such trees do not create a hazard to the street or sidewalk or road right of ways … “

“Over the last several months, we have had cars damaged driving through the city during high winds with tree branches falling,” Mayor David Eva said. “Our service department can come out and inspect trees on private property and require dead tree branches be trimmed to reduce these incidents. …

“Residents would receive a letter first if a hazard is identified and given reasonable time to correct this.”

Stipulations in the amended law are as follows:

• Any tree overhanging any street or road right of way within the city shall be pruned so that its branches do not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 8 feet above the surface of the sidewalk or 14 feet above the roadway.

• Every dead, decayed or broken tree, plant or shrub, or part thereof, shall be trimmed or removed, as the case may require, so that the same shall not fall to the street or sidewalk or onto the contiguous tree lawn or contiguous road right of way.

• All trees located within the contiguous tree lawn area or the contiguous road right-of-way area shall be maintained by every owner or occupant so as not to create a hazard to persons or property.

• Removal and/or trimming shall be done at the expense of said parcel owner and within 30 days after the city service director serves notice requirement of same, by regular U.S. mail to the last known tax mailing address of the parcel owner. If said owner fails to comply with such provisions, the city shall have the authority to have the necessary work completed and to charge

the cost of such work to the property owner.

• The city shall have the right to cause the removal of any dead, diseased or insectinfested tree or tree limbs which constitute a hazard to life or property that is located in any location described in the ordinance. The city shall have the right to prune any tree, plant or shrub on private property or on the contiguous tree lawn or contiguous road right of way when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign or otherwise impedes the safe flow of traffic.

• Whoever violates or fails to comply with any of the provisions of this chapter is guilty of a minor misdemeanor and shall be fined up to $150. A separate offense shall be deemed committed each day during which a violation or noncompliance continues.

Law Director Jim Lyons said the amended legislation is very similar to the city’s existing law, but some wording was added in hope of reducing the potential for misinterpretation.

“I think people could have read the prior ordinance in different ways,” he said. “I didn’t think it was clear enough. (We’re) trying to make clear to a court or a homeowner what it exactly covers to try to clarify what

the responsibilities are.”

The law takes effect 30 days from passage, which occurred April 10.

The ordinance is similar to one being considered by the city of Mentor administration. The code amendment would require that all trees be kept trimmed so as not to create a hazard to public safety with minimum clearances as determined by the Public Works director (formerly Parks, Recreation & Public Lands director).

All trees standing on private property and having branches projecting over a public right of way shall be kept trimmed by the owner of such private property so that the lowest branches shall have the minimum clearance of 14 feet above the roadway and 7 feet above any sidewalk (previously at the discretion of the director).

Existing language that would remain says: If the property owner neglects or refuses to trim such trees upon being notified in writing by the director to do so, the director may after the expiration of the date specified in the notice, cause such trimming to be done at the owner’s expense based on actual cost to the city, plus a 25 percent field inspection fee, shall be added to the owner’s property taxes.

“It will be on the next agenda as a tabled item,” Mentor Law Director Richard A. Hennig said.