Title 7 - Health and Sanitation

7.16.100 Purpose and Intent.

1. A.
   Protect and encourage the protection and Maintenance of Trees and Shrubs.
2. B.
   Promote and preserve the City's aesthetic value with respect to Trees and Shrubs.
3. C.
   Regulate and control planting and Maintenance of Trees and Shrubs on and adjacent to private property, Right-of-way and other public properties.
4. D.
   Provide for public health, safety and general welfare with respect to Trees and Shrubs.
5. E.
   Establish the Legacy of the Greenery Committee as a tree board for the City.
6. F.
   Designate a City Forester.

(History: Ord. TP-3025 §1, 2014; TP-2032 §1, 97; TP-1289 §1, 85)

Effective on: 1/1/1901

7.16.110 Legacy of Greenery Committee.

1. A.
   Creation. 
   There is hereby created and established a tree board for the City to be known as the Legacy of Greenery Committee (hereinafter referred to as the "Committee").
2. B.
   Purpose and Responsibility. The Committee shall be responsible for:

   1. 1.
      Developing strategies to increase, preserve and enhance the City’s Tree canopy by promoting, planting and maintaining Trees and Shrubs on both public and private property.
   2. 2.
      The promotion and recognition of commercial developments, businesses, and public entities that have committed to improve and enhance the aesthetics and quality of our environment through landscape enhancements.
   3. 3.
      Supporting the City Forester with programs and events that meet qualifications for National Arbor Day Foundation's Tree City USA status. This includes, but is not limited to, educational programs with the official mascot Forest the Fox, an Arbor Day tree planting ceremony and a tree seedling distribution.
   4. 4.
      The advocacy and dissemination of information supporting proper arboricultural practices, topical concerns affecting the City's Trees, and other information recommended by the City Forester.
   5. 5.
      The review and updating of the List of Approved Street Trees for Overland Park, in accordance with Section 7.16.180.
3. C.
   Membership.

   1. 1.
      The Committee shall consist of 13 members who are residents of the City and not less than 18 years of age, and 2 ex-officio members: 1 representing the Planning Commission, and 1 representing the City Council. (For a total of 15 Members.) All Members (including ex-officio) shall be appointed by the Mayor with the consent of the City Council. 
   2. 2.
      Should any Committee member move outside the City, the Committee shall declare to the Mayor the existence of a vacancy.
   3. 3.
      The appointments shall be made for two-year terms, plus until their successors take office; provided all vacancies shall be filled by appointment of the Mayor with the consent of the City Council for the unexpired term.
   4. 4.
      Committee members shall serve on a volunteer basis without compensation from the City or any other organization, trust, donation, or legacy for their services to the City.
   5. 5.
      The Committee shall adopt by-laws consistent with the City Council’s Rules, Procedures and Protocol for Plural Authorities. 
   6. 6.
      The Committee shall elect from its membership a chair and vice-chair, who shall serve one year and until their successors have been selected. Duties and responsibilities of these offices shall be stipulated in the by-laws of the Committee.
4. D.
   Staffing. The City Forester shall serve as the staff coordinator for the Committee.

(History: Ord. TP-3363 §1, 2022; Ord. TP-3025 §2, 2014; TP-1289 §2, 85)

Effective on: 1/1/1901

7.16.120 City Forester.

A City Forester shall be appointed by the City Manager to serve as the designated City official to observe and enforce the provisions of this Chapter.

(History: Ord. TP-3025 §3, 2014; TP-2032 §2, 97; TP-1289 §3, 85)

Effective on: 1/1/1901

7.16.130 Definitions.

For purposes of this Chapter the following definitions shall apply to the listed terms:

7.16.150 Tree and Shrub Distance and Clearance Requirements.

1. A.
   No Tree or Shrub shall be planted in the Right-of-way within a distance of:

   1. 1.
      10 feet of any fireplug
   2. 2.
      15 feet of any regulatory sign
   3. 3.
      20 feet of any street light pole
   4. 4.
      10 feet of any box culvert
2. B.
   The minimum height clearances for Trees and Shrubs are:

   1. 1.
      8 feet over public sidewalks
   2. 2.
      13.5 feet over improved thoroughfares or designated truck routes
   3. 3.
      12.5 feet over all other Streets
3. C.
   No Tree or Shrub shall be planted or maintained in the Right-of-way within any zone of approach, meaning, the area allowing an unobstructed view in advance of an actual or possible future traffic control device for a distance of 150 feet as measured from the point of the nearest intersecting curbs or curb lines of the Right-of-way.
4. D.
   The sight distance areas, as defined in OPMC Sections 12.04.126 and 18.450.070, shall remain free of Shrubs, Landscape Improvements or other vegetation which exceed a height of 2 feet measured from the Street. Trees in this area must be approved by the City Forester.
5. E.
   No Trees, Shrubs or Landscape Improvements over 2 feet in height will be permitted on residential traffic islands or thoroughfare Right-of-way unless approved by the City Forester.
6. F.
   Only Small Tree species, as designated in accordance with Section 7.16.180, may be planted or maintained within any portion of Right-of-way with overhead electric lines.
7. G.
   No Tree or Shrub shall be planted or maintained in a location that in any manner creates a Nuisance.

(History: Ord. TP-3025 §5, 2014; TP-1866 §1, 94; TP-1784 §1, 93; TP-1289 §6, 85)

Effective on: 1/1/1901

7.16.180 Approved Street Tree List.

Street Tree species allowed to be planted and grown within the Right-of-way will be set forth on the List of Approved Street Trees for Overland Park. This list will be made readily available through the City Forester and on the City’s web site and it can be mailed upon request. This list will be reviewed and updated by the Legacy of Greenery Committee at least every three (3) years to reflect changes found in arboricultural practices. The planting of any species not on this list, shall be prohibited unless prior written authorization of the City Forester is obtained; and the City Forester is authorized to adopt regulations providing procedures and criteria for the approval of species not on this List.

(History: Ord. TP-3025 §6, 2014; TP-2732 §1, 2008; TP-2032 §5, 97; TP-1289 §9, 85)

Effective on: 1/1/1901

7.16.190 Trees and Shrubs on Private Property.

1. A.
   Authority. The Community Services Division shall have the authority to regulate and enforce all regulations concerning the Maintenance and removal of Trees and Shrubs on private property. The City Forester shall assist the Community Services Division as necessary.
2. B.
   Maintenance or Removal. Whenever the Community Services Division or the City Forester determines that any Tree or Shrub on private property endangers, hinders or obstructs the use of public or private property, is a Nuisance, or in any other way endangers the public health, safety and welfare, the Community Services Division shall issue a notice of violation to order the Maintenance or removal of the Tree or Shrub by the Owner. (See Sections 7.16.205 and 7.16.208.)
3. C.
   Emergency Action. In the event the Community Services Division or the City Forester determines that the existing condition of any Tree or Shrub on private property constitutes an immediate hazard to the public health, safety and welfare or otherwise endangers persons or property, then the City shall proceed, without delay, to take steps to abate the situation and without prior notice to or hearing of the Owner, occupant or agent. The cost of such action shall be assessed as set forth in O.P.M.C. Chapter 7.28 as amended, or pursuant to K.S.A. 12-1,115, as amended, or both.
4. D.
   Right to Inspect. The Community Services Division and the City Forester are hereby authorized to enter on private property for the purpose of inspecting Trees or Shrubs where there appears to be a Nuisance or a threat to public or private property or to the public, health, safety and welfare. This entry and inspection may be done without the prior permission of the Owner, occupant or agent if the threat is imminent and if such notification is not feasible under the circumstances. If any person prevents such entry and inspection, the City may seek an appropriate court order to make such entry and inspection possible.

(History: Ord. TP-3025 §7, 2014; TP-2032 §7, 97; TP-1289 §11, 85)

Effective on: 1/1/1901

7.16.195 Trees and Shrubs on Public Property.

1. A.
   Authority. The City Forester shall have the authority to regulate and enforce all regulations concerning the planting, Maintenance and removal of Trees and Shrubs on public property.
2. B.
   Maintenance.

   1. 1.
      Whenever the City Forester determines that Maintenance of any Trees or Shrubs located in any Right-of-way is necessary, the City Forester shall follow the procedures set forth in Section 7.16.200. Notwithstanding, the City shall always maintain the right to perform any necessary Maintenance of any Tree or Shrub in Right-of-way and the City Forester may at anytime, in the City Forester’s discretion, direct city staff or the City’s contractor to perform the Maintenance.
   2. 2.
      Whenever the City Forester determines that Maintenance of any Trees or Shrubs located in any public property other than Right-of-way is necessary, the City Forester shall direct city staff or the City’s contractor to perform the Maintenance. Notice to any Abutting Owner is not required.
3. C.
   Removal.

   1. 1.
      Whenever the City Forester determines that removal of any Shrubs located in any Right-of-way is necessary, the City Forester shall follow the procedures set forth in Section 7.16.200. Notwithstanding, the City shall always maintain the right to perform any necessary removal of any Shrub in Right-of-way and the City Forester may at anytime, in the City Forester’s discretion, direct city staff or the City’s contractor to perform the removal.
   2. 2.
      Whenever the City Forester determines that removal of any Tree in Right-of-way is necessary, the City Forester shall direct city staff or the City’s contractor to perform the removal. Notice to any Abutting Owner is not required.
   3. 3.
      Whenever the City Forester determines that removal of any Tree or Shrub on any public property other than Right-of-way is necessary, the City Forester shall direct city staff or the City’s contractor to perform the removal. Notice to any Abutting Owner is not required.

(History: Ord. TP-3025 §8, 2014; TP-2032 §8, 97)

Effective on: 1/1/1901

7.16.200 Abutting Owner’s Duty to Right-of-way.

1. A.
   Duty. Abutting Owners are responsible for Maintaining the Trees and Shrubs within or encroaching within the abutting Right-of-way in a manner which promotes safe and healthy Trees and Shrubs and which protects the health, safety, and welfare of the public with respect to the same. The Abutting Property Owners shall not allow such Trees and Shrubs to hinder or obstruct the Right-of-way, create a Nuisance, or threaten life or property within the Right-of-way. When applicable, this duty shall also include the responsibility to remove Shrubs within the abutting Right-of-way. Whenever the Community Services Division or the City Forester determines that any such Tree or Shrub endangers, hinders or obstructs the use of the Right-of-way, is a Nuisance, or in any other way endangers the public health, safety and welfare, the Community Services Division shall issue a notice of violation to order the Maintenance of the Tree or Shrub by the Owner. (See Sections 7.16.205 and 7.16.208.)
2. B.
   City Assistance. An Abutting Owner may contact the City Forester to request the City’s assistance with the removal of a diseased, hazardous, or dead Tree in the Right-of-way. Diseased Trees are those diagnosed by the City Forester as having a highly contagious disease that could have catastrophic effects upon the City’s Trees. An Abutting Owner may also request the City’s assistance with the removal of storm damage from Right-of-way Trees to ensure that the Right-of-way is kept clear for vehicular and pedestrian traffic and that public safety, health and welfare is maintained.

(History: Ord. TP-3025 §9, 2014; TP-2032 §9, 97; TP-1289 §12, 85)

Effective on: 1/1/1901

7.16.205 Notice of Violation; Hearing; Notice to Appear.

1. A.
   A notice of violation issued pursuant to Section 7.16.190 B. or Section 7.16.200 A. shall be sent to the Owner, occupant or agent by certified mail, return receipt requested, or by personal service. If the property is unoccupied and the Owner is a nonresident of Kansas, the notice of violation shall be sent by certified mail, return receipt requested, to the last known address of the Owner.
2. B.
   The notice of violation shall state:

   1. 1.
      The common or legal description of the property, or both;
   2. 2.
      That the property is in violation of this Chapter;
   3. 3.
      A description of the violation that would reasonably allow the Owner, occupant or agent to determine the nature of the violation to allow for self-abatement;
   4. 4.
      That the violation must be abated by the Owner, occupant or agent within 10 days from the date of the notice of violation, provided that extensions of the time period shall be granted if the Owner, occupant or agent demonstrates that due diligence is being exercised in abating the violation;
   5. 5.
      That prior to the expiration of the notice period, the Owner, occupant or agent may request in writing a hearing before the hearing officer;
   6. 6.
      That failure to comply with the notice of violation shall result in the City abating the violation, with the assessment of costs (including a reasonable administrative fee and the cost of all notice) made against the property and the Owner, occupant or agent;
   7. 7.
      That failure to pay such assessments within 30 days of the notice of costs shall result in the filing of a tax lien against the property or by filing for a personal judgment against the recipient, or both; and
   8. 8.
      That separate and independent of any abatement of the violation by the City, such violation is subject to prosecution in the Overland Park Municipal Court.
3. C.
   If the recipient of the notice of violation makes a written request for hearing within the notice period, then the City shall immediate schedule a hearing before a designated hearing officer. The hearing officer shall receive evidence, review the investigation, and prepare a written order. The order shall be sent to all relevant parties within 10 days of the hearing, unless otherwise stated at the hearing and prior to the City taking any action to abate the violation. The order shall state the relevant facts and the specific Code provisions relied upon, and any other stipulations, methods of abatement, or orders as deemed necessary by the hearing officer.
4. D.
   If an authorized public officer determines that a violation of this Chapter exists, the public officer may issue a Notice to Appear in Municipal Court for such violation. Such prosecution shall be separate and independent of any abatement action, and no other procedures are required as a prerequisite to the issuance of a Notice to Appear.

(History: Ord. TP-3025 §10, 2014)

Effective on: 1/1/1901

7.16.208 Abatement by City; Notice of Costs; Assessment and Collection.

1. A.
   If the Owner, occupant or agent fails to request a hearing and to self-abate the violation within the notice period, then the City may go onto the property to abate the violation in a reasonable manner. The City shall not be responsible for damage to property due to reasonable methods of gaining entrance onto the property or for damages to property in the reasonable exercise of its duty to abate the violation. The City may use its own employees or contract for services to abate the violation.
2. B.
   If the City abates the violation, it shall provide a notice of costs to the Owner, occupant or agent by certified mail, return receipt requested, at the last known mailing address. If the property is vacant or unoccupied, the notice of costs shall also be posted on the property in a reasonable manner. The notice of costs shall state:

   1. 1.
      The common or legal description of the property, or both;
   2. 2.
      The nature of the violation, including relevant ordinances;
   3. 3.
      The nature of the work performed to abate the violation;
   4. 4.
      The costs incurred for the abatement in either a lump sum or in itemized form;
   5. 5.
      That the notice of costs is a demand for payment within 30 days from the date of the notice;
   6. 6.
      That failure to pay the entire amount within 30 days shall allow the City to file a tax lien against the property or to pursue litigation for the recovery of the costs, or both;
   7. 7.
      That such additional remedies to recover costs shall include additional amounts including additional administrative costs, attorneys' fees, and interest;
   8. 8.
      That payments shall be made by check or money order made payable to the City, with no post-dating of the check, and sent to the address stated within the notice of costs, with a written indication of the purpose for the payment and the address of the property where the violations occurred. (If the City offers payment by credit card, that information may also be provided.) Partial payments will not be accepted and shall be considered as non-payments.
3. C.
   If the payment of costs is not made within the thirty (30) day period, the City may file an affidavit of pending action with the Johnson County, Kansas Department of Records and Tax Administration with respect to the aforesaid costs. In addition, the City Clerk shall certify the aforesaid costs at the time of certifying other City taxes to the County Clerk, and the County Clerk shall extend the same on the tax roll of the County against the property, and it shall be collected by the County Treasurer and paid to the City as other City taxes are collected and paid. Provided further, the City may collect the costs in the manner provided at K.S.A. 12-1,115, as may be amended, by bringing an action in the appropriate court as a personal debt. The City may pursue both assessment and collection at the same time until the full cost, including applicable interests, court costs, attorneys' fees, and administrative costs have been paid in full.

(History: Ord. TP-3025 §11, 2014)

Effective on: 1/1/1901

7.16.210 Penalties and Violation; Civil Actions.

1. A.
   It shall be unlawful for any person to plant or otherwise maintain Trees or Shrubs in an area where such planting or Maintenance is prohibited by this Chapter.
2. B.
   It shall be unlawful for any person, including an Abutting Owner, to abuse, damage, mutilate, destroy or remove without the prior written permission from the City Forester (i) any Street Tree, (ii) any Shrub in the Right-of-way that was planted or is maintained by the City, or (iii) any Tree or Shrub on any other public property. Persons in violation of this provision shall be required to provide a replacement Tree or Shrub of a species and caliper approved by the City Forester; provided, however, the City Forester may waive this requirement in the City Forester’s sole discretion.
3. C.
   It shall be unlawful for any Owner, occupant or agent to permit any Tree or Shrub on their property to remain in violation of this Chapter after receipt of a notice of violation from the Community Services Division or the City Forester.
4. D.
   It shall be unlawful for any Owner, occupant or agent to allow any Tree or Shrub to hinder or obstruct any Right-of-way abutting their property or to violate any minimum distance or clearance requirements.
5. E.
   It shall be unlawful for any person to prevent, hinder or otherwise interfere with authorized employees, officials or contractors of the City in the performance of their official duties pursuant to the provisions of this Chapter.
6. F.
   Any person who violates any of the provisions of this Chapter is guilty of a public offense and upon conviction shall be punished as provided in OPMC Section 1.12.010.
7. G.
   The City may further enforce this Chapter by filing an action in the appropriate court for an injunction to enforce the provisions of this Chapter; to cause correction of any such violation; for assessment and recovery of a civil penalty for such violation; or to pursue any other appropriate civil remedy.

(History: Ord. (History: Ord. TP-3025 §12, 2014; TP-2032 §10, 97; TP-1289 §13, 85)

Effective on: 1/1/1901

7.16.220 Exceptions and Other Regulations.

1. A.
   Sections 7.16.150 A., 7.16.150 F. and 7.16.180 shall not affect Trees or Shrubs planted prior to the earliest effective date of the applicable prohibitions contained therein. The judgment of the City Forester concerning the planting date of the object at issue shall be entitled to a presumption of correctness that may be rebutted by credible evidence. Any replacement or additional plantings after such earliest effective date shall be in full compliance with all applicable provisions of the Overland Park Municipal Code.
2. B.
   The provisions contained in this Chapter are supplementary to and are not intended to exempt or interfere with the duties, responsibilities, enforcement or interpretation of any other ordinance or law concerning property maintenance, Right-of-way or the removal of vegetation, including, but not limited to, weeds, woody vines, brush, grass and uncultivated plants listed in Chapter 7.20 of the Overland Park Municipal Code.

(History: Ord. TP-3025 §13, 2014; TP-2032 §11, 97; TP-1289 §14, 85)

Effective on: 1/1/1901