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3396 Regulating Tree Clean-upblished ORDINANCE NO. 3396. Lina Journal AN ORDINANCE relating to the trimming of trees, and removal of dead trees and of dead branches or limbs of trees in the City of Salina, andproviding a penalty for the violation of the provisions of this ordinance, and defining certain nuisances and providing for the abatement thereof and for assessing the cost thereof. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: SECTION 1. That the owners, occupants or persons in charge of real estate in the City of Salina abuttinE upon any public streets and avenues in said city be and they are hereby required to cause all trees growing and situated in front of such real estate but within the boundary line of the streets or avenues and within the curb line thereof, and all trees or branches or limbs thereof growing or situated on any such real estate, which overhang any such street or avenue, to be properly trimmed in such a manner as not to interfere with public travel upon the streets and sidewalks in front or abutting upon any such property, and such trimming shall be done in a proper and scientific manner by a person familiar with the proper manner of doing such work, so as not to injure r or destroy such trees. SECTION 2. That the owners, occupants or persons in charge of real estate abutting upon any public street or avenue in the City of Salina be and they are hereby required to remove or cause tote removed all dead trees or all dead limbs or branches on any trees, situated or growing in front of such real estate but within the boundary line of any such street or avenue and within the curb line thereof, or any dead tree or any dead limb of any tree situated or growing upon any such real, estate but overhanging any such street or avenue (of sufficiently near thereto to become dangerous to thepublic travelling thereon or on any sidewalk thereon) which said dead trees or dead limbs or branches there- of are or may become dangerous and a menace to public travel upon the streets and sidewalks in front of or abutting upon any such property. SECTION 3. That the Street Superintendent be and he is hereby authorized and directed, whenever in his opinion it becomes necessary, to notify in writing the owner of any such real estate to cause the trimming of any trees as required by Section 1 of this ordinance or to cause the removal of any dead trees or dead limbs or branches of any trees as required by Section 2 of this ordinance whenever in his opin- ion the same may be necessary, or if such owner cannot be found in the City of Salina, then to notify the occupant, agent or person in charge of said property in the same manner, and if within five days from the date of the service of any such notice, such owner, or such occupant, went or person in charge of such property, shall fail to comply with the provisions of such notice, such person shall be deemed guilty of a violation of this ordinance, and the Street Superintendent shall cause a complaint to be filed in the Police Court of said city and such owner, or occupant, or person in charge of said property shall be prosecuted for the violation of the provisions of this ordinance, but the failure to serve such notice shall not relieve any person from complying with the previsions of Sections 1 and 2 of this ordin- ance, and any violator thereof shall be puniched as herein provided, whether such notice be served or not. SECTION 4. That any person who shall violate any of the pro- visions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than 05.00 nor more than 025.00 for each offense, and for each day upon which any con- dition by this ordinance prohibited is permitted to continue, after the time fixed in any notice given b1 the Street Superintendent, a separate offense shall be deemed to be committee.. SECTION 5. That in addition to the other provisions of this ordinance, any tree which is not trimmed in accordance with the pro- visions hereof, or any dead tree or dead branch or limb of any tree which is not removed, in accordance with the provisions hereof, or any other dead tree or dead branch or limb of any tree situated on any premises in the City of Salina, which is or may become in danger of falling and injuring any person or property in said City,is hereby declared a public nuisance, and if any such tree be not properly trimmed, or any such dead tree or dead branch or limb of any tree be not removed, within the time fixed in any notice given to the owner, occupant, agent or pe -°son in charge of any such premises by the Street Superintendent, as herein provided or otherwise, the nuisance so exist- ing shall be abated as other nuisances are abated according to law, and upon finding by the Police Judge in a proper action brought for such purpose that such nuisance exists, such nuisance shall, if not abated and removed by the owner, occupant, agent or person in charge of such premises within the time (not to exceed five days) to be fixed by the Police Judge, be abated and removed by the Street Superintendent and the cost thereof reported by him to the City Cler, and assessed against the lot or piece of land upon which the same exists, or abuttiFE the street or avenue upon which the same exists, and certified by the City Clerk to the County Clerk and collected as other taxes are col- lected; PROVIDED, however, that nothing in this ordinance shall be deemed to impair the right of the City to trim, protect or otherwise 112 care for trees upon all public streets, avenues, boulevards, parks and other public grounds, and the Street Superintendent or Park Super- intendent, or either of them are hereby authorized and directed, whenever it may be necessary, to perform or to cause to be performed any such work. SECTION 6. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced June 13th, 1927. Passed June 20th, 1927. Attest: Chas. E. Banker city Clerr Guy T. Helvering Mayor STA`1?E1 OF KANSAS sS COUNTY OF SALINE 1, Chas. E. Banker, City Clerk of the City of Salina, Kansas, do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 3396 passed and approved by the Board of Com- missioners of the City of Salina, Kansas, June 20th, 1927, and a record of the vote on its final adoption is found on page ,3d-� Journal No. 11. City Clerk. (published in the Salina Journal, June �2 J 1927) ORDINANCE NO. 3 1 AN ORDINANCE relating to the'trimming of trees, and removal of dead trees and of dead branches or limbs of trees in the City of Salina, and providing a penalty for the violation of the provisions of this ordinance, and de- fining certain nuisances and providing for the abatement thereof and for assessing the cost thereof. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. That the owners, occupants or persons in charge of real estate in the City of Salina abutting upon any public streets and avenues in said city be and they are hereby required to cause all trees growing and situated in front of such real estate but within the boundary line of the streets ror avenues and within the curb line thereof, and all trees or branches or limbs thereof growing or situated on any such real estate, which overhang any such street or avenue, to be properly trimmed in such a manner as not to interfere with public travel upon the streets and sidewalks in front or abutting upon any such property, and such trimming shall be done in a proper and scientific manner by a person familiar with the proper manner of doing such work, so as not to injure or destroy such trees. Section 2. That the owners, occupants or persons in charge of real estate abutting upon any public -street or avenue in the City of Salina be and they are hereby required to remove or cause to be removed all dead trees or all dead limbs or branches on any trees, situated or growing in front of such real estate but within the boundary line of any such street or avenue and within the curb line thereof, or any dead tree or any dead limb or branch of any tree situated or growing upon any such real estate but overhanging any such street or avenue (or sufficiently near thereto to become dangerous to the public travelling theron or on any sidewalk thereon) which said dead trees or dead limbs or branches thereof are or may become dangerous and a menace to public travel upon the streets and sidewalks in front of or abutting upon any such property. Section 3. That the Street Superintendent be and he is hereby authorized and directed, whenever in his opinion it becomes necessary, to notify in writing the owner of any such real estate to cause the trimming of any trees as required by Section 1 of this ordinance or to cause the removal of any dead trees or dead limbs or branches of any trees as required by Section 2 of this ordinance whenever in his opinion the same may be necessary, or if such owner cannot be found in the City of Salina, then to notify the occupant, agent or person in charge of said property in the same manner, and if within five days from the date of the service of any such notice, such owner, or such occupant, agent or person in charge of such property, shall fail to comply with/the provisions of such notice, such person shall be deemed guilty of a violation of this ordinance, and the Street Superintendent shall cause a complaint to be filed in the Police Court of said city and such owner, or occupant, or person in charge of said property shall be prosecuted for the violation of the provisions of this ordinance, but failure to serve such notice shall not relieve any person from complying with the pro- visions of Sections 1 and 2 of this ordinance, and any vi&lator thereof shall be punished as herein provided, whether such notice be served or not. Section 4. That any person who shall violate any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not less than $5.00 nor more than $25.00 for each offense, and for each day upon which any condition by this ordinance prohibited is permitted to continue, after the time fixed in any notice given by the Street Superintendent, a separate offense shall be deemed to be committed. Section 5. That in addition to the other provisions of this ordinance, any tree which is not trimmed in accordance with the provisions hereof, or any dead tree or dead branch or limb of any tree which is not removed, in accordance with the provisions hereof, or any other dead tree or dead branch or limb of any tree situated on any premises in the City of Salina, which is or may become in danger of falling and injuring any person or property in said City, is hereby declared a public nuisance, any if any such tree be not properly trimmed, or any such dead tree or dead branch or limb of any tree be not removed, within the time fixed in any notice given to the owner, occupant, agent or person in charge of any such premises by the Street Superintendent, as herein provided or otherwise, the nuisance so exist- ing shall be abated as other nuisances are abated according to law, and upon a finding by the Police JMdge in a proper action brought for such purpose that such nuisance exists, such nuisance shall, if hot abated and removed by the owner, occupant, agent or person in charge of such premises within the time (not to exceed five days) to be fixed by the Police Judge, be abated and removed by the Street Superintendent and the cost thereof reported by him to the City Clerk, and assessed against the lot or piece of land upon which the same exists, or abutting the street or avenueupon which the same exists, and certified by the City Clerk to the County Clerk and collected as other taxes are collected; PROVIDED, however, that nothing in.this ordinance shall be deemed to impair the right of the City to trim, protect or otherwise care for trees upon all public streets, avenues, boulevards, parks and other public grounds, and the Street Superintendent or Park Superintendent, or either of them are hereby authorized and directed, whenever it may be necessary, to perform or to cause to be performed any such work. section 6. This ordinance shall take effect and be in force from and after its publication in the official city paper. Introduced( — 1927 Passed P: ;-O r— 1927 ayor O Attest: City Clerx