General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO CODE OF ORDINANCES Section 18-6. Landscaping, Shrubs and Trees. [Formerly Ord. 185, 7/7/2009; Ord. 199, 12/19/2012] A. Trees on personal property overhanging a right-of way - danger of falling: The owner of any lot or parcel of property within the City shall be responsible for all trees upon their property, and shall remove, or cause to be removed, any tree or limb which, due to age, illness, or other damage, poses a distinct threat of falling or collapsing onto an improved right-of-way. The City Manager or designated personnel shall make the final determination as to whether or not any tree poses such a threat. B. Landscaping, shrubs or trees on personal property overhanging a right-of way - obstruction: The owner of any lot or parcel of property fronting any improved right-of-way within the City shall trim, or cause to be trimmed, the branches from all trees and shrubs upon their property overhanging the street and sidewalk so as to leave a clear height of eight (8) feet above surface of the sidewalk and surface of the street unobstructed by branches of such trees and shrubs. C. Elective planting and removing landscaping, shrubs or trees in a right-of-way: It shall be unlawful for any party to plant or remove any tree or shrub in a right-of-way except in compliance with this Ordinance. 1. The City, or a contractor performing work approved by the City, may plant or remove trees and shrubs in the right-of-way at the discretion of the City Manager or designated personnel, in accordance with the "Landscaping, Shrub and Tree Planting and Removal Policy", which may be established from time to time by the City Council. 2. No person shall plant or remove any landscaping, shrub or tree in the right-of-way without written permission to do so. Such permit shall be issued by the City Manager or designated personnel. The planting and removing of landscaping, shrubs or trees in the right-of-way shall be in accordance with the " Landscaping, Shrub and Tree Planting and Removal Policy ", which may be established from time to time by the City Council. The cost of said planting or removing shall be borne by the person who obtained the permit. D. Responsibility for disposal of debris from private tree and shrub removal: 1. The owner of any lot or parcel of property within the City shall remove or cause to be removed debris from a tree or shrub when the tree or shrub from said lot or parcel is being removed in-whole, or a substantial part thereof. It is not the intention of this Ordinance that the City serve as a tree service to dispose of tree debris relating to the removal of trees and shrubs from private property. 2. Debris from a tree or shrub left on a right-of-way from a tree or shrub which is being removed in-whole, or a substantial part thereof, shall not be in conformance with the "Yard Waste Collection Policy" of the City. E. Penalties. The owner (as shown on the assessor's records) of private property subject to this chapter is responsible for compliance. Each violation of this chapter shall be a civil infraction punishable by a civil fine as provided in Section 1-6 of the City Code of Ordinances, plus costs and all other remedies available pursuant to the City Code of Ordinances or by statute. Each day of violation shall be a separate violation. Subject to the provisions of Chapter 2 of the City Code of Ordinances, failure to timely pay the civil fine as provided herein shall result in a civil action by the City in a court of competent jurisdiction. Should the City receive a judgment and should the judgment not be satisfied within sixty (60) days of service upon the defendant, the City may, upon thirty (30) days written notice, submit a copy of said judgment to both the City Treasurer and County Treasurer for said costs to be added to the tax bill of the defendant. The cost of enforcement and prosecution shall be the actual amount of attorney fees and costs of enforcement. An itemized bill of fees and costs given under oath shall be prima facie evidence of the attorney fees and costs. Chapter 18- STREETS AND SIDEWALKS 18-2
CITY OF NEW BUFFALO CODE OF ORDINANCES Section 18-7 Sidewalks Required for New Construction. [Ord. 138, 12/24/2002; Ord. 148, 3/16/2005; Ord. 189, 11/21/2012] A. Each owner of property on a public street within the City of New Buffalo is required to construct a sidewalk in accordance with the specifications of the City of New Buffalo if any of the following conditions exist: 1. The owner of a vacant lot or parcel applies for a building permit to build a 100% new structure. 2. The owner of a lot or parcel applies for a building permit to build an addition to a main structure, if said proposed construction is to comprise more than 30% of the floor area of the building, as it existed prior to the construction permit. 3. The owner of a lot or parcel applies for a permit to repair any damage to a structure, if said proposed construction is to comprise more than 30% of the floor area of the building, as it existed prior to the damage. The Building Official shall determine the percentage of damage. B. An appeal by the owner of property on a public street required to construct a sidewalk may be made to the City Council if a sidewalk cannot be built due to topography, unusual expense, or other documented problem which will preclude sidewalk construction. Said appeal will be made to the Building Official who shall report the appeal and his recommendation to the City Council. The City Council shall then grant or deny the appeal. Section 18-8. Additional penalties. In addition to the penalties prescribed in Section 1-6 of this Code, if any person shall refuse, neglect, or fail to comply with the requirements of Section 18-1, 18-2, 18-3, 18-4, 18-5, or 18-6 of this Chapter, it shall be the duty of the City Manager, upon receiving notice from the Ordinance Enforcement Officer of such refusal, neglect, or failure, to remove and/or abate, or cause to be abated and/or removed, the specific offense, whether or not the property owner, possessor, or occupant of such premises has been notified by the Ordinance Enforcement Officer, Chief of Police, or any police officer as to the unlawfulness of such offense. The City Manager shall also keep an account of the expense thereof, and bill the property owner or possessor of the lot or parcel for the abatement and/or removal specific offense. If the property owner or possessor does not pay the bill within thirty (30) days of the date of mailing of such bill by regular mail, the City Manager shall submit the expense, adding to the same ten percent (10%), to the City Assessor to be collected as a special assessment or lien thereon. Chapter 18- STREETS AND SIDEWALKS 18-3
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General Ordinances - City of New Buffalo

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