ORDINANCE 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

ORDINANCE 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 Waukee Municipal Code Chapter 150, Trees, should be and the same is hereby repealed and enacted in lieu thereof is as follows: 150.01 DEFINITION.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 e]) 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: 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.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: Rebecca D. Schuett, City Clerk November 13 2025 LIOW0402177