HomeMy WebLinkAboutORDINANCE NO. 09-12-57STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 09-12-57
AN ORDINANCE TO AMEND THE CITY OF MILTON TREE PRESERVATION
ORDINANCE AND ADMINISTRATIVE GUIDELINES
WHEREAS, the City of Milton and its community value the trees present in our city; and
WHEREAS, participation in the Tree City USA® program will`.ic:ip preserve Milton's tree canopy
and bring the preservation of trees to the attention of the community; and
WHEREAS, the Tree City USAF program requires that the City's ordinances provide for the
protection of tree, on City owned property.
BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council
meeting on December 21, at 6:00 p.m. as follows:
SECTION 1. That the Ordinance relates to Amending the City of Milton Tree Preservation
Ordinance and Administrative Guidelines as it pertains to provide additional protection to City owned
..-. trees, and in doing so would allow the City of Milton to be eligible for the designation as a Tree City
USA® by December 31, 2009, is hereby adopted and approved; and is attached hereto as if fully set
forth herein, and;
oft"
SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 21 st day of December, 2009.
Joe LoAlWood, Mayor
Attest:
�94 4-11 40)lw -
Sudie AM Gordon, Ci C erk
(Seal)
AMENDMENT TO THE CITY OF MILTON TREE PRESERVATION ORDINANCE AND
ADMINISTRATIVE GUIDELINES
VI. Violations
Citations for any of the following violations, by authorized City enforcement
agent(s) may constitute issuance of an immediate stop work order.
A. Land disturbance and/or tree removal within state water, tributary, or
zoning buffer(s) .
B. Land disturbance and/or tree removal within tree save area(s).
C. Illegal removal or disturbance of specimen tree, heritage tree or stand of
trees.
D. Improper installation of tree fencing.
E. Other violations of any provision(s) of this Ordinance or the Administrative
Guidelines established pursuant thereto, including Appendices.
F. All trees growing on public property, parks, grounds and rights of
way are protected and any person or entity causing their damage or
removal is subject to the penalties set forth in Section IX.
IX. Notice of Violation
A. If, through inspection, it is determined that a person, firm, or corporation
has 1.) engaged in land disturbing or other activities, which have resulted
in the removal of trees; or 2.) failed to comply with the terms and
conditions of a validly issued permit, then a written notice of violation shall
be served upon the property owner or the agent of record.
B. Where a person, firm, or corporation has engaged in land disturbing or tree
removal activities without having first secured a permit therefore in
violation of this Ordinance and Administrative Guidelines, notices under
the provisions of this section may be served upon the person in charge or
any person representing the person in charge on the site. All construction
and land disturbance activity shall be discontinued until the necessary
measures to achieve compliance have been fulfilled.
C. The notice shall set forth the measures necessary to achieve compliance
with the permit and shall state the time within which such measures must
be completed.
D. If the person, firm, or corporation engaged in land disturbing activity fails to
comply within the time specified, he/she shall be subject to citation for
violation of this Ordinance and Administrative Guidelines.
E. /f a person damages, destroys, or fails to protect a city tree, the city
may require the person responsible for the damage to pay a fine
equal to the appraised value of the tree, the cost of repairing the
damage, and/or the cost of restoring the site to its original conditions
mom or as near as possible to its original condition.