HomeMy WebLinkAbout2016-18 Repealing and Reenacting Chapter 11, Title 5, Abatement of Diseased Trees and Wildflower FuelsORDINANCE NO. 18
SERIES 2016
AN ORDINANCE REPEALING AND REENACTING CHAPTER 11 OF
TITLE 5 OF THE VAIL TOWN CODE, CONCERNING ABATEMENT OF
DISEASED TREES AND WILDFIRE FUELS
WHEREAS, in 2007, the Town adopted a new Chapter 11 of Title 5 of the Vail
Town Code to address wildfire danger caused by the mountain pine beetle;
WHEREAS, since that time, the mountain pine beetle has been replaced with
other pests causing similar tree damage and wildfire danger; and
WHEREAS, the Town wishes to repeal and reenact Chapter 11 of Title 5 of the
Vail Town Code to address all diseased trees and their associated wildfire danger,
regardless of the cause.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO, THAT:
Section 1. Chapter 11 of Title 5 of the Vail Town Code is hereby repealed in
its entirety and reenacted to read as follows:
CHAPTER 11
ABATEMENT OF DISEASED TREES AND WILDFIRE FUELS
5-11-1: DEFINITIONS:
For purpose of this Chapter, the following terms shall have the
following meanings:
DISEASED TREE: A tree, alive or dead, which is or has been
infested/infected with any insect or disease identified in the most recent
version of the "Field Guide to Diseases and insects of the Rocky Mountain
Region".
DIRECTOR: The Town of Vail Fire Chief or designee.
OWNER: A person who owns any lot, tract or parcel of real
property located within the corporate limits of the Town.
PROPERTY: A lot, tract or parcel of real property located within
the corporate limits of the Town.
WILDFIRE FUELS: Vegetation such as trees, shrubs, forbs or
grasses and other materials such as firewood, construction material or
Ordinance No. 18, Series of 2016
debris surrounding a structure, which represent an imminent threat to life
or property during a fire as determined by the Director.
5-11-2: INSPECTION:
A. An owner whose property contains diseased trees or any
wildfire fuels shall allow the Director to enter such property for the purpose
of immediate inspection when at least one of the following events has
occurred:
The owner has requested the inspection;
2. A neighboring landowner has reported a diseased tree or
wildfire fuels and requested an inspection; or
3. The Director has made a visual observation from a public
right-of-way or adjacent property and has reason to believe that diseased
trees or wildfire fuels exist on the property.
B. The Director shall have the right to enter upon any property,
whether public or private, during reasonable hours for the purpose of
inspecting for the existence of a diseased tree or any other wildfire fuels.
However, no agent or employee of the Town shall enter upon any property
to inspect for a diseased tree or other wildfire fuels without the permission
of the owner or a warrant.
C. If permission to inspect the property is not obtained, the
Town shall send written notice to the owner advising that the Director
desires to inspect the property. The notice shall be delivered by certified
mail or personal service. The notice may be mailed to the owner at the
last address on file with the Eagle County Treasurer. Where possible,
inspections shall be scheduled and conducted with the concurrence of the
owner.
D. If permission to inspect is not obtained within ten (10) days
after the date of the notice described in Subsection C, the Director may
request an inspection from the Municipal Court. The Municipal Judge
shall issue an inspection warrant upon presentation by the Director of an
affidavit satisfying the applicable legal requirements for such a warrant.
5-11-3: EMERGENCIES
In the case of an emergency involving imminent danger to the
public health, safety or welfare, the Director may enter upon any property
to conduct an emergency inspection without a warrant and without
complying with this Chapter.
Ordinance No. 18, Series of 2016
5-11-4: NOTICE OF VIOLATION:
A. If the Director determines that a property contains diseased
trees or wildfire fuels, the Director shall provide written notice of such
findings to the owner either by certified mail or personal service.
B. The notice shall:
1. Advise the owner that the property contains diseased trees
or wildfire fuels;
2. Describe approved methods for the removal of diseased
trees or wildfire fuels; and
3. Require that all diseased trees and wildfire fuels be removed
within thirty (30) days of the date of the notice, or that an acceptable plan
and schedule for removal of the diseased trees and wildfire fuels be
submitted to the Director within such time.
C. If the owner disputes that the property contains diseased
trees or wildfire fuels, the owner shall notify the Director of such dispute
within thirty (30) days of the date of the notice. If a timely notice of dispute
is given, the Director shall meet with the owner in an effort to resolve the
dispute. If the Director meets with the owner and is unable to resolve the
dispute, the Town may file an application for an abatement order pursuant
to Section 5-11-5.
5-11.5: ABATEMENT ORDER:
A. If an owner fails to comply with a notice provided pursuant to
Section 5-11-4, the Town may obtain an abatement order.
B. An application for an abatement order shall be accompanied
by an affidavit affirming that:
1. The Director has determined that the property contains
diseased trees or wildfire fuels;
2. The Director has complied with the notice requirements of
Section 5-11-4; and
3. Within the required time, the owner has failed to remove the
diseased trees or wildfire fuels, or has failed to submit an acceptable plan
and schedule for such removal.
Ordinance No. 18, Series of 2016
D. The Town shall provide notice to the owner of its application
for an abatement order either by certified mail or by personal service. The
notice shall include a copy of the Town's application and affidavit, as well
as the date, time, and place at which the Town will appear before the
Municipal Court to request entry of the abatement order.
E. At the stated time, date and place, the Municipal Judge shall
review the Town's application for an abatement order, the affidavit, any
statement of the Town offered in support thereof, as well as any statement
and evidence presented by the owner, if present.
F. The Municipal Judge is authorized to enter an order
permitting the Town to enter upon the property, remove the diseased trees
and wildfire fuels, and recover its costs, if the Municipal Judge finds that:
The property has diseased trees or wildfire fuels;
2. The Director has complied with the notice requirements of
Section 5-11-4; and
3. The owner has failed to either remove the diseased trees or
wildfire fuels, or has failed to submit an acceptable plan and schedule
such removal.
5-11-6: COSTS:
A. The owner shall be assessed twice the total cost of any
removal of diseased trees and wildfire fuels performed by the Town,
including administrative fees.
B. The Town shall provide written notice to the owner the costs
to be assessed either by certified mail or by personal service.
C. If all costs incurred by the Town are not paid within thirty (30)
days from the date of the written notice advising the owner of such costs,
the unpaid costs shall be certified to the Eagle County Treasurer for
collection in the same manner as real property taxes.
5-11-7: PERMIT FOR REMOVAL:
An owner desiring to remove diseased trees shall file an application
for a permit with the Community Development Department. There shall be
no application fee for the permit. The application shall contain a written
narrative describing the type, size, quantity and general location of the
diseased trees proposed to be removed. The Director may perform a site
visit prior to taking any action on the permit application.
Ordinance No. 18, Series of 2016
5-11-8: UNLAWFUL ACTS:
A. It is unlawful for an owner to fail or refuse to remove
diseased trees or wildfire fuels from the owner's property within the time
period provided for in a notice under Section 5-11-4.
B. It is unlawful for an owner to deny the Director access to the
owner's property if the Director presents an inspection warrant or
abatement order issued pursuant to this Chapter.
C. It is unlawful to sell, expose for sale, offer for sale, transfer,
give away or offer to give away any tree or part of a tree which is, at the
time of the transfer, infested/ infected with an insect or disease restricted
by local, state or federal regulations.
5-11-9: PENALTY:
A person convicted of violating any provision of this Chapter shall
be punished as provided in Section 1-4-1 of this Code; provided, that each
separate act in violation of this Chapter, and each and every day or
portion thereof during which any act in violation of this Chapter is
committed, continued, or permitted, shall be deemed a separate offense.
Section 2. Severability. If any part, section, subsection, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall not
affect the validity of the remaining portions of this ordinance; and the Council hereby
declares it would have passed this ordinance, and each part, section, subsection,
sentence, clause or phrase thereof, regardless of the fact that any one or more parts,
sections, subsections, sentences, clauses or phrases be declared invalid.
Section 3. Retroactivity. The amendment of any provision of the Vail Town
Code as provided in this ordinance shall not affect any right which has accrued, any
duty imposed, any violation that occurred prior to the effective date hereof, any
prosecution commenced, nor any other action or proceeding as commenced under or
by virtue of the provision amended. The amendment of any provision hereby shall not
revive any provision or any ordinance previously repealed or superseded unless
expressly stated herein.
Section 4. Repeal. All bylaws, orders, resolutions and ordinances, or parts
thereof, inconsistent herewith are repealed to the extent only of such inconsistency.
This repealer shall not be construed to revise any bylaw, order, resolution or ordinance,
or part thereof, theretofore repealed.
INTRODUCED, READ ON FIRST READING, APPROVED, AND ORDERED
PUBLISHED ONCE IN FULL ON FIRST READING this 2nd day of August, 2016 and a
public hearing for second reading of this Ordinance is set for the 16th day of August,
2016, in the Council Chambers of the Vail Municipal Building, Vail, Colorado.
Ordinance No. 18, Series of 2016
ATTEST:
Patty McKenny, Town Clerk
ve Chapin, Mayor
READ AND APPROVED ON SECOND RR IG�ND O E, ED PUBLISHED
this 16th day of August, 2016.1 MA
Ordinance No. 18, Series of 2016
Dave Chapin, Mayor