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HomeMy WebLinkAboutA001 - Letter from ISU Horticulture Department - suggested changes to Chapter 27 Iowa State UniversttV of Science and Technology Ames, low 50 �1TY CLERK afv or�i�rs,�av�r� March 6, 1990 Department of Horticulture Mayor Larry Curtiss 515 Clark Avenue Ames, Iowa 50010 Dear Mr. Curtiss: Please find enclosed suggested changes and additions to Chapter 27 'Trees and Shrubs" of the City of Ames Municipal Code. I am not engaged in the business of tree or landscape maintenance, but I have had six years experience in large tree maintenance and 12 years experience in landscape maintenance. I am presently engaged in teaching at Iowa State University in the area of landscape maintenance and in research to solve problems in the landscape. I became aware of the existing ordinance through Mr. Mike Gaul and was encouraged to offer suggestions for the improvement of the ordinance by Scott Johnson of the Ames City government and by local tree maintenance companies. As a citizen of Ames, I am concerned the present ordinance will restrict tree maintenance to a few companies that have made the decision to pursue the type of work that involves high risk and the high price for services reasonably associated with that risk. Maintenance of most of the trees in Ames involves a moderate to low risk factor that does not require the services of a high risk tree surgeon and the high prices associated with such highly specialized service. I have already been told by Wade Stockton of Stockton Tree and Stump Removal, Zearing, Iowa, of a job he had contracted in Ames for $500.00, but could not perform because of the high insurance requirement of the present ordinance. The job was bid at $1,200.00 by a company that had fulfilled the requirements of the present ordinance. I sincerely hope this was an isolated incident or involved justifying details of which I am not aware. It does suggest, however, that there is less competition and higher prices since the existing ordinance took effect. I want to thank the City of Ames for allowing me to offer these suggestions. If I may be of further service to you, please feel free to contact me at my office 294-2752 or home 232-3735. Sinqerely, �Q M.:Z ne Hef?v Y Y Assistant Professor Enclosure bjh Sec. 27.5 TREE MAINTENANCE SPECIALISTS and CLIENT, Defined The word "client" as used herein means any individual singly or collectively who offers a valuable consideration for the performance of the work of felling, pruning, cabling, bolting, or repair of a tree. The words "high risk tree surgeon" as used herein mean any person who engages, for a valuable consideration, in the work of felling, pruning, cabling, bolting, or repair of trees where any portion of the tree, equipment, personnel, or materials used in the work extends or may extend during the work through intent or mishap over, onto, or into any primary electrical or communication line, equipment, or structure. The words "tree surgeon" as used herein shall mean any person who engages, for a valuable consideration, in the work of felling, pruning, cabling, bolting, or repair of trees where any portion of the tree, equipment, personnel, or materials used in the work extends or may extend during the work through intent or mishap over, onto, or into secondary electrical or communication lines, public areas and buildings, public passageways for people or vehicles, or any other area that is not the legal responsibility of the client(s) . The words "tree worker" as used herein mean any person who engages for a valuable consideration in the work of felling, pruning, cabling, bolting, or repair of trees where removed portions of trees, equipment, personnel, or materials used in the work are not associated with electrical or communication lines, equipment or structures, public passageways for people and vehicles, or public areas or buildings, but only extend or may extend during the work through intent or mishap over, onto, or into buildings, private passageways for people, or vehicles and areas containing constructed or created items of value that are the legal responsibility of the client(s) . Sec. 27.6 LICENSE REQUIRED Every tree maintenance specialist shall annually, before engaging in the services aforesaid, obtain a license from the city clerk and shall pay a license fee in such amount as shall be established for all such licenses by the city manager to cover the costs of administration, investigation, and enforcement. The city manager shall devise and provide forms to be utilized in making application for the said license so as to obtain the information deemed reasonable and necessary to establish that the applicant is qualified and capable of performing the work of a tree maintenance specialist. All licenses shall terminate on December 31 of the year issued. Sec. 27.7 INSURANCE REQUIRED Applicant shall procure and maintain, if required for licensing, for the duration of the license period, insurance against claims for injuries to persons or damages to property which may arise from or in connection with products, materials, and services furnished. Applicant shall furnish the City of Ames with certificates of insurance evidencing the following coverages: A. Applicant for high risk tree surgeon. 1. Comprehensive General Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. 2. Automobile Liability with limits of no less than $1,000,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. 3. Worker's Compensation and Employee's Liability as required by the laws of the State of Iowa. The certificate must be on file in the office of the City Clerk, City of Ames before a license shall be issued. B. Applicant for tree surgeon. 1. Comprehensive General Liability with limits of no less than $300,000 combined single limits per occurrence for bodily injury, personal injury, and property damage. 2. Automobile Liability as required by the laws of the State of Iowa. 3. Worker's Compensation and Employee's Liability as required by the laws of the State of Iowa. The certificate must be on file in the office of the City Clerk, City of Ames before a license shall be issued. C. Applicant for tree worker. 1. Comprehensive General Liability as stated in agreements with client(s) . 2. Automobile Liability as required by the laws of the State of Iowa. 3. Worker's Compensation and Employee's Liability as required by the laws of the State of Iowa. The certificate must be on file in the office of the City Clerk, City of Ames before work may begin. Sec. 27.8 EXTENT OF LICENSES 1. A licensed high risk tree surgeon may also legally perform the work of the tree surgeon and tree worker. 2. A licensed tree surgeon may also legally perform the work of the tree worker. 3. A licensed tree work may legally perform only the work of the tree worker. Work of the licensed tree worker may proceed after a statement that describes the location of the tree(s) , the extent of personal injury and property damage coverage offered by the tree worker, a release of the client(s) from any responsibility for personal injury and property damage suffered by the tree worker during or in connection with the work, and a release of the tree worker by the client(s) from any responsibility for personal injury and property damage in excess of that stated in the agreement is signed by the tree worker or his appointed representative and the client(s) or his/their appointed representative(s) , each party to the agreement and the City Clerk, City of Ames, Iowa to receive a copy of the signed statement before work is started. The tree worker must be prepared to produce his copy of the agreement with the client(s) at the request of authorized City of Ames personnel during the time the work is in progress or be liable for a fine of $10.00 per occurrence. Sec. 27.9 INDUCEMENTS FOR COMPLIANCE 1. Any person found guilty of performing the work of a high risk tree surgeon, for a valuable consideration, without proper licensing shall be liable for a fine of $1,000.00 and shall have any license they may have revoked for a period of one year. 2. Any person found guilty of performing the work of a tree surgeon, for valuable consideration, without proper licensing shall be liable for a fine of $500.00 and shall have any license they may have revoked for a period of one year. 3. Any person found guilty of performing the work of a tree worker, for valuable consideration, without proper licensing shall be liable for a fine of $200.00 per occurrence. 4. Any licensed tree worker found guilty of performing work before filing of the necessary agreements with the City Clerk, City of Ames, Iowa, shall be liable for a fine of $20.00 per occurrence and the loss of licence after three violations occur within the license period.