Ord. 2584 - Temporary Alternative Permitting Procedures for Dangerous TreesCOUNCIL BILL NO. 3143
ORDINANCE NO. 2584
AN ORDINANCE PROVIDING FOR ALTERNATIVE PERMITTING PROCEDURES FOR A PERIOD OF
90 DAYS; PROVIDING FOR THE REMOVAL OF CERTAIN IMMINENTLY DANGEROUS TREES AS
DEFINED BY THIS ORDINANCE, TEMPORARILY SUSPENDING CERTAIN ENFORCEMENT
ACTIONS; WAIVING PERMIT FEES; AND DECLARING AN EMERGENCY.
WHEREAS, the City has an inherent interest in preserving the wooded character
of Woodburn and protecting trees as a natural resource of the City; and
WHEREAS, the City has adopted certain standards and regulations governing the
removal of both "Street Trees" (Ordinance No. 2424) and "Significant Trees" on Private
Property (Woodburn Development Ordinance 3.06.07); and
WHEREAS, during President's Day Weekend 2021, a winter ice storm caused a
high volume of tree impacts along streets, In parks, and on private property in the City;
and such impacts have resulted in imminent danger or risk to the residents of
Woodburn; and
WHEREAS, the City recognizes that even as a result of the winter ice storm,
emergency tree work must be justified and proportional to the immediate risk to people
and structures; and
WHEREAS, the City Council now desires to address the resulting dangerous tree
risk through a temporary suspension of certain enforcement procedures where a person
has otherwise followed the alternative provisional permitting procedure provided under
this Ordinance; NOW THEREFORE,
THE CITY ORDAINS AS FOLLOWS:
Section 1. Definitions.
A. "Imminently Dangerous," as used in this Ordinance, means a tree that has
suddenly uprooted (cracking appears in the soil/pavement around the tree) or a tree
that has suddenly started splitting (where the main branches connect to the trunk), and
as a result poses an immediate risk of collapse and/or hazard to people, structures, or
vehicles. "Imminently Dangerous" does not include a tree where hazardous conditions
can be alleviated by pruning or trimming the tree or undertaking other preventative
maintenance.
B. 'Tree Inspector" means an employee designated by the City to inspect
Street Trees and Significant Trees on Private Property and make determinations on
whether a tree is Imminently Dangerous for purposes of the City granting a removal
permit under this Ordinance.
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Ordinance No. 2584
C. All terms not otherwise defined herein shall have the meaning assigned to
fhem either under Ordinance No. 2424 or the Woodburn Development Ordinance
("W DO") .
Section 2. Alternative Permitting Procedure for Removal of Imminently
Dangerous Street Trees. Permits to remove Imminently Dangerous Street Trees shall be
granted pursuant to the criteria and under the procedures established and set out by
Ordinance No. 2424, with the following exceptions:
A. An application for a permit to remove a Street Tree does not need to be
supported by a report prepared by a certified arborist when, alternatively, a City Tree
Inspector, based upon the Inspector's training and experience, has the opinion that the
Street Tree is Imminently Dangerous under this Ordinance.
B. An Imminently Dangerous Street Tree may be removed prior to obtaining
a permit in an emergency, so long as the owner applies for a permit within fourteen (14)
days of the removal, pursuant to this Section and all remaining provisions of Ordinance
2424. In such cases, the property owner should provide written and photographic
documentation of fhe condition of the tree prior to its removal.
All remaining procedures related to trees under Ordinance No. 2424, remain in full force
and effect, and the adoption of this Ordinance shall not preclude any action against
any person who otherwise violates Ordinance No. 2424, except as modified above.
Section 3. Alternative Permitting Procedure for Removal of Imminently
Dangerous_ Significant Trees on Private Property. Permits to remove Imminently
Dangerous Significant Trees on Private Property shall be granted pursuant to the criteria
and under the procedures established and set out by W DO 3.06.07, as supplemented
by the following alternative permitting procedure:
A. An application for a permit to remove a Significant Tree on Private
Property does not need to be supported by a report prepared by a certified arborist
when, alternatively, a City Tree Inspector, based upon the Inspector's training and
experience, has the opinion that the Significant Tree is Imminently Dangerous under this
Ordinance.
B. Approval of a Significant Tree removal permit may be issued between
November 1 and May 1 when the tree is determined to be Imminently Dangerous by a
City Tree Inspector,
C. An Imminently Dangerous Significant Tree may be removed prior to
obtaining a permit in an emergency, so long as the owner applies for a permit within
fourteen (14) days of the removal, pursuant to this Section and all remaining provisions
of the WDO. In such cases, the property owner should provide written and
photographic documentation of the condition of the tree prior to its removal.
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Ordinance No. 2584
All remaining procedures related to trees under WDO 3.06.07, remain in full force and
effect, and the adoption of this Ordinance shall not preclude any action against any
person who otherwise violates WDO 3.06.07, except as modified above.
Section 4. TemporaryAwspension of Certain Enforcement Proceedings.
Enforcement Procedures under Ordinance No. 2424 and WDO 4.02.03 shall be
temporarily suspended for a period of ninety (90) days for circumstances where a
person: (i) follows either of the alternative permitting procedures outlined above for the
removal of an Imminently Dangerous Street Tree or a Significant Tree on Private
Property; and (ii) otherwise complies with all remaining permitting procedures under
either Ordinance No. 2424 or the WDO, as applicable.
Section 5. Temporary Waiver of Permit Fees. The City permit fees that would
otherwise apply for the removal of a Street Tree or Significant Tree on Private Property
shall be waived where a City Tree Inspector has, based upon the Inspector's training
and experience, has the opinion that the tree is Imminently Dangerous and may be
removed under the procedures outlined by this Ordinance.
Section 6. Permit Denial. If the City denies a tree -removal permit under this
Ordinance, the applicant may still apply for a free -removal permit through the
standard process under either Ordinance No. 2424 or the WDO, as applicable.
Section 7. Violation & Enforcement.
A. A violation of any provision of this Ordinance constitutes a Class 1 Civil
Infraction.
B. All violations of this Ordinance that are filed in the Woodburn Municipal
Court as Civil Infractions shall be processed according to the procedures contained
in the Woodburn Civil Infraction Ordinance.
C_ Each day that a violation of this Ordinance is committed or permitted
to continue shall constitute a separate Civil Infraction.
D. in addition to filing a Civil Infraction proceeding in the Woodburn
Municipal Court, the City may initiate an enforcement proceeding in the Marion
County Circuit Court.
E. The remedies provided for in this Section are cumulative and not
mutually exclusive.
Section 8. Severability. The sections and subsections of this Ordinance are
severable. The invaiidify of any section or subsection shall not affect the validity of the
remaining sections and subsections.
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Ordinance No. 2584
Section 9. Duration. Unless otherwise extended by action of the City Council,
the provisions of this Ordinance shall expire ninety (90) -days following its passage.
Section 10. Emergency Clause. This Ordinance being necessary for the
immediate preservation of the public peace, health and safety so the City may allow
for emergency removal of certain imminently dangerous trees, an emergency is
declared to exist and this ordinance shall take effect immediately upon passage and
approval by the Mayor.
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder, --
ATTEST:
Heather Pierson, City Recorder
City of Woodburn, Oregon