HomeMy WebLinkAbout2025-11-03 Ordinance 3159_TreesORDINANCE NO. 3159
AN ORDINANCE TO AMEND CHAPTER 150, TREES, BY REPEALING THE
CURRENT CHAPTER IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF
CHAPTER 150, TREES
WHEREAS, the City of Waukee has established rules and regulations governing tree
planting, trimming requirements, disease control, and the inspection and removal of dead, diseased
or damaged trees and shrubs; AND,
WHEREAS, the City of Waukee Parks & Recreation Department has determined that it is
necessary to amend Chapter 150, Trees, to clarify planting restrictions and requirements, to
reference a City -maintained tree inventory, and to establish a Tree Board as a sub -committee of the
City of Waukee Park Board;
BE IT THEREFORE ORDAINED by the City Council of the City of Waukee:
Section 1. Waukee Municipal Code Chapter 150, Trees, should be and the same is hereby
repealed and enacted in lieu thereof is as follows:
150.01 DEFINITION.
For use in this chapter, "parking" means that part of the street, avenue, or highway in the City not
covered by sidewalk and lying between the lot line and the curb line or, on unpaved streets, that
part of the street, avenue, or highway lying between the lot line and that portion of the street
usually traveled by vehicular traffic.
150.02 PLANTING RESTRICTIONS.
No tree shall be planted in any parking or street. Refer to Section 161.02 of the Code of
Ordinances of the City of Waukee, Iowa, for additional landscaping regulations.
150.03 PLANTING REQUIREMENTS.
Refer to Section 161.04 of the Code of Ordinances of the City of Waukee, Iowa, for minimum
planting requirements.
150.04 DUTY TO TRIM TREES.
The owner or agent of the abutting property shall keep the trees on, or overhanging the street,
trimmed so that all branches will be at least 12 feet above the surface of the street and eight feet
above the sidewalks. If the abutting property owner fails to trim the trees, the City may serve
notice on the abutting property owner requiring that such action be taken within five days. If
such action is not taken within that time, the City may perform the required action and assess the
costs against the abutting property for collection in the same manner as a property tax.
(Code of Iowa, Sec. 364.12[2c and eJ)
150.05 TRIMMING TREES TO BE SUPERVISED.
Except as allowed in Section 150.03, it is unlawful for any person to trim or cut any tree in a
street or public place unless the work is done under the supervision of the City.
150.06 DISEASE CONTROL.
Any dead, diseased, or damaged tree or shrub that may harbor serious insect or disease pests or
disease injurious to other trees is hereby declared to be a nuisance.
150.07 INSPECTION AND REMOVAL.
The Council shall inspect or cause to be inspected any trees or shrubs in the City reported or
suspected to be dead, diseased or damaged, and such trees and shrubs shall be subject to the
following:
1. City Property. If it is determined that any such condition exists on any public property,
including the strip between the curb and the lot line of private property, the Council may
cause such condition to be corrected by treatment or removal. The Council may also
order the removal of any trees on the streets of the City which interfere with the making
of improvements or with travel thereon.
2. Private Property. If it is determined with reasonable certainty that any such condition
exists on private property and that danger to other trees or to adjoining property or
passing motorists or pedestrians is imminent, the Council shall notify by certified mail
the owner, occupant or person in charge of such property to correct such condition by
treatment or removal within 14 days of said notification. If such owner, occupant, or
person in charge of said property fails to comply within 14 days of receipt of notice, the
Council may cause the condition to be corrected and the cost assessed against the
property.
150.08 TREE INVENTORY.
The City shall maintain an updated tree inventory on all City owned public property. The tree
inventory shall be housed through a digital asset management system.
150.09 TREE BOARD.
The Tree Board operates as a sub -committee of the Parks and Recreation Board as established by
Chapter 24 of the Code of Ordinances of the City of Waukee, Iowa. The Tree Board shall consist
of three members of the Parks and Recreation Board who are appointed annually by the members
of the Board. A majority of the Tree Board members shall be a quorum for the transaction of
business.
(Code of Iowa, Sec. 364.12[3b and h])
Section 2. Repealer. All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section 3. Severability Clause. If any section, provision or part of this ordinance shall
be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provisions or part thereof not adjudged invalid or
unconstitutional.
Section 4. Effective Date. This ordinance shall be in effect from and after its final
passage, approval and publication as provided by law.
Passed by the Council the 3rd day of November, 2025, and approved this 3rd day of November,
2025.
Courtney Clarke, Mayor
Attest:
0 04e/ame
Rebecca D. Schuett, City Clerk