20-14 Amend 565.10 Prohibited Trees

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PLACED ON 1ST READING & REFERRED TO THE THE PUBLIC WORKS COMMITTEE 5- 19 -14. PLACED ON 2ND READING 6/2/14. ORDINANCE NO. 20 -14 BY: Bullock, Juris, Madigan, Marx, Nowlin, O'Leary. AN ORDINANCE amending Section 565.10, Prohibited Trees, of the Codified Ordinances of the City of Lakewood to revise and update an obsolete provision of local code that establishes overly prescriptive and outmoded bans on certain tree species. WHEREAS, healthy, mature, and safe trees are beneficial to property values, air quality, storm water management, energy use reduction, and the beautification of our City; and WHEREAS, the current ban on a specific list of tree species has fallen out of use, is not up to date with current tree care and cultivation practices, and is superseded by the City's "right tree, right place" policy; and WHEREAS, the Lakewood Tree Task Force recommended tree management pol- icy changes to this effect; and WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits municipalities to exercise all powers of local self - government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 565.10, Prohibited Trees, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 565.10 PROHIBITED TREES. No silver maple, poplar, box elder, basswood, willow or honey locust shall be permitted upon any tree lawn in the City, and the Director is hereby authorized to cause all such trees now existing to be removed. Any silver maple, honey locust, poplar, basswood, box elder or willow upon private property in the City, in such close proximity to any public place as will permit the roots of such tree to penetrate through or under the surface of any public place, is hereby declared to be a public nui- sance, and shall be abated by the Director. shall be and hereby is amended to read as follows: