City of Canal Fulton Planning and Zoning Department

960 Milan St

Canal Fulton, OH 44614

Steve Peroz, Zoning Inspector

330-854-0590

330-854-4328 (Fax)

zoning@cityofcanalfulton-oh.gov

Office Hours: Monday – Thursday  8:00am – 2:00pm

Friday – Closed

Chapter 903 – Weeds, Trees and Shrubbery

903.01 DAMAGING TREES

No person shall willingly mutilate or damage in any manner or means, any tree on City property on or along any sidewalk or street.

903.02 AUTHORITY OF ZONING INSPECTOR

(a) No person shall remove or destroy or cause to be destroyed any tree on City property on or along any sidewalk or street in the City without first having obtained in writing permission so to do from the Zoning Inspector.

(b) An appeal from the decision of the Zoning Inspector may be made to the Planning Commission by any person aggrieved by a decision of the Inspector, or any officers, department, board or bureau of the City adversely affected by such decision.

(c) Upon such appeal to the Planning Commission, the Commission at its next regularly scheduled meeting shall review such decision and affirm, modify or reverse any such decision of the Zoning Inspector.

903.03 TRIMMING TREES

All trees along the sidewalks and streets of the City, shall be so trimmed that no limbs, branches or leaves thereof shall extend or be suspended within ten feet from the level of the sidewalk or street. It is made the duty and obligation of all owners of such property upon or abutting which any trees shall be found to keep such trees thereon trimmed in accordance with the provision of Chapter 903 of this chapter.

903.04 REMOVAL OF TREES

Any tree on City property on or along any sidewalk or street because of decay, mutilation, or damage, may be declared by the Zoning Inspector to be a public hazard and nuisance. The Inspector is instructed, authorized and empowered to order the owners of the property abutting such sidewalk or street on which the trees are found to remove the same forthwith, including the removal of the stump or the grinding of the stump below ground level as ordered by the Inspector. If any person shall neglect or refuse to comply with the notice within fifteen days of receipt thereof, then it shall be the duty of the Zoning Inspector to cause the removal of such trees. (Ord. 14-04. passed 6-15-04).

903.05 FAILURE TO REMOVE TREES

Failure to trim or remove trees upon receipt of lawful notice from the Zoning Inspector, in conformity with Sections 903.02 to 903.04, is declared to be a violation of this chapter. The cost and expense thereof, shall be chargeable against the abutting property owner. (Ord. 52-1983, Passed 12-13-83).

See Codified Ordinances for 903.06-903.08 (SHADE TREE AUTHORITY SECTIONS)

903.09 REMOVAL OF WEEDS BY OWNER OR OCCUPANT; FIVE DAYS NOTICE

The owner, occupant or person having the charge or management of any lot or parcel of land situated within the corporate limits, whether the same be impvoed or unimproved, vacant or occupied, within five days’ written notice to do so, served upon him in conformity with Ohio R.C. 731.51, shall cut or detroy or cause to be cut or destroyed any noxious or poisonous weeds or vines growing upon any such lot or parcel of land, and prevent the same from blooming or going to seed or exceeding a height of eight inches. (Ord. 25-03, Passed 6-3-03).

903.10 REMOVAL OF TREES, WEEDS, GRASSES BY MUNICIPALITY

In the event the owner does not trim or remove any tree, plant or shrubbery, or any part thereof, in accordance with the provisions of this chapter, then the Manager is authorized and it is declared to be his duty to have enforced the provisions of this chapter, and to cause to be trimmed or removed such tree, plant or shrubbery, or part thereof, and cut and remove all grass and weeds. (Ord. 24-85, Passed 8-13-85)

903.11 ASSESSMENT OF COSTS BY MUNICIPALITY

Whenever any tree, plant or shrubbery, or part thereof, or weeds and grass are growing in any street, public place, or upon private property continguous to a street or sidewalk, or public place, and is trimmed or removed by the Municipality then after the work is done, the Municipality shall give five days’ notice by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such trimming or removal of trees, plant, shurbbery, grass or parts thereof, which notice shall be accompanies by a statement of the amount of cost incurred, and in the event the same is not paid within thirty days after the mailing of such notice, then the amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected (Ord. 24-85, Passed 8-13-85).

Engineering Department

William Dorman
CTI Engineers, Inc.
220 Market Avenue S
Suite 750
Canton, Ohio 44702

Phone: 330-455-7733 Fax: 330-313-2282

Email: wdorman@ctiengr.com