Fiscal Note
The purpose of this ordinance change is to encourage careful treatment of City trees during the course of private or public work. New and higher penalties will be set as a function of the size of the tree damaged, based upon the canopy replacement costs as well as removal costs incurred by the City when damage to City trees occurs. If the tree damaged has a diameter of three inches or less (measured at twelve inches above ground level and rounded to the nearest inch), a forfeiture of $250 plus $30 per diameter inch will be required, which corresponds to the cost of a 2-inch replacement planting and average removal costs of such a tree. If the tree damaged has a diameter of more than three inches (measured at twelve inches above ground level and rounded to the nearest inch), a forfeiture of $155 per diameter inch will be imposed, which corresponds to the average replacement cost of $125 per inch and $30 in average removal costs per inch. These forfeitures more closely match the replacement and removal costs of damaged trees incurred by the City. No additional appropriation would be required as a result of enactment of this ordinance change.
Title
Creating Sec. 23.24(3) to impose penalties for the intentional or negligent damage of City trees during the course of private or public work; amending Sec.1.08(3)(a)4 to create a bond schedule for violations of this new subsection; and amending Sec.1.08(4) of the Madison General Ordinances to provide enforcement powers for this new subsection.
Body
DRAFTER'S ANALYSIS: This ordinance creates Sec.23.24(3), MGO, to impose penalties upon a person performing public or private work who either intentionally or negligently damages City trees, such that the tree must be removed. Under this new section, a person performing work must exercise ordinary care to prevent unnecessary damage to City trees and the root structures of City trees. The penalties provided for by the ordinance are based upon the diameter of ...
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