HomeMy WebLinkAboutO-998ORDINANCE NUMBER
AN ORDINANCE AMENDING ORDINANCE 747 TO PROVIDE FOR CONTROL
OF CERTAIN TREES ON OTHER THAN SINGLE FAMILY RESIDENTIAL
PROPERTY WITHIN THE CITY OF FAIRHOPE, ALABAMA BY THE CITY
COUNCIL UPON RECOMMENDATION OF THE TREE COMMITTEE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
Section 1. For the purposes set forth in Ordnance 747,
the Committee for Park and Street trees shall
be, and hereby is, designated as the Fairhope Tree
Committee. The membership shall be retained and the
powers and the duties of the Committee shall not be
altered except as herein provided.
Section 2. In addition to duties set forth in Ordinance
747, the Tree Committee shall also examine
all trees proposed to be removed or destroyed upon private
property, except on single family lots, and make .its
recommendation to the City Council at the next regular
council meeting following, at which time the Council shall
make its determination as to the disposition of the tree
committee's recommendation.
Section 3. Provisions of other codes and ordinances not
withstanding, the Building/Zoning Officer of
the City shall not issue any permit for a building or
structure, the location of which requires the removal of
any tree/s of a diameter of 24" measured at a distance of
4.5 feet above grade, until the City Council shall first
have acted upon a recommendation of the Tree Committee
with respect to the removal of such tree/s. Provided,
however, that this section shall not apply to any tree/s
located upon single family residential lots. No person
shall remove or destroy any such tree until the City
Council shall have heard the Tree Committee's
recommendation and approved such removal or destruction.
Section 4. Remedies: The Building/Zoning Officer of the
City or the City Environmental Officer is
hereby authorized to issue stop work orders for any land
upon which any tree covered by the provisions herein is,
or reasonably appears to be, threatened with destruction
by actions of an owner, builder or developer in disregard
of the provisions of this or other ordinances. Appeal of
Stop Orders or of non -issuance of permits related to non-
compliance with provisions herein shall be taken to the
Fairhope City Council.
Section .5. Enforcement: Violators of the terms of this
ordinance may be cited to the Municipal Court
by means of a Municipal Offense Ticket issued by any
authorized enforcement of the City. Such violators may
also be brought before the Court on issuance of formal
complaint and arrest warrant by any such officer.
Section 6. Penalty: Upon conviction of any provision
herein, a violator shall be subject to a
maximum fine of $500.00 and/or a sentence to the City Jail
not to exceed six months, in the discretion of the
Municipal Judge.
Section 7. This ordinance shall take effect upon its
due adoption and publication as required
by law.
ADOPTED THIS THE p DAY OF MAY, 1996.
P. NIx, Mayor
Evely 6
P. Phillips, IV
rk
THIS ORDINANCE PREPARED BY
Marion E. Wynne, Atty
Wilkins, Bankester, Biles & Wynne
PO Box 1367
Fairhope, AL 36533
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