University Heights committee finalizes major edits to proposed tree ordinance, exempts single‑family homes

A joint meeting of the University Heights City Council's Building & Housing and Service & Utilities committees on Thursday completed a detailed review of a proposed rewrite of Chapter 10.72, the city's tree ordinance, and approved a motion to exempt single‑family residences from a one‑acre construction‑site replacement rule.

The action came after committee members and city staff worked through definitions, commission membership, replacement rules and enforcement options in the draft. Councilwoman Sherry Sachs, chair of the Service & Utilities committee, opened the meeting by noting the session would pick up where the prior meeting left off: finishing the tree ordinance and beginning weeds ("This is a joint building and housing and service and utilities committee," Councilwoman Sherry Sachs). The committee reviewed multiple code sections cited in the draft, including 10.72.01 (definitions) through 10.72.99 (penalty clause).

Why it matters: the draft would change who can issue citations and who can order removal of hazardous trees, set how developers or property owners must mitigate removed trees, and create administrative tools for collecting unpaid mitigation fees.

The committee approved, by voice vote, a motion to exempt single‑family residential properties from the provision that applies replacement and mitigation rules to development sites of one acre or larger. The transcript records a motion, a second and a voice vote of "Aye" to adopt the exemption; the mover and seconder were not identified on the record. The exemption will be added to section 10.72.07 and incorporated in the version sent forward for the public hearing.

Key changes discussed

- Enforcement authority and coordination: The draft expands the list of officials who may act on hazardous trees to include the Service Director, the Chief Building Official, and the Housing and Community Development Director so any one of those three may order pruning or removal of a hazardous heritage or private tree and then notify the Tree Commission and City Council.

- Mitigation and collection: The committee discussed a replacement requirement that generally requires replacement at one‑half of the removed tree's caliper diameter for properties of one acre or more. The committee added language allowing unpaid mitigation fees to be assessed on the property tax roll as an alternative collection mechanism if a property owner does not pay mitigation costs; those funds would be used to plant or purchase replacement trees on public property.

- Heritage trees and designations: The draft clarifies that City Council designates heritage trees by resolution and that the Tree Commission acts in an advisory role to recommend designations. The director will maintain the list of designated heritage trees and handle emergency removals, reporting those actions to the commission and Council.

- Contractor registration and bonds: The draft creates a tree‑services contractor license/registration overseen by the Chief Building Official (CBO). The registration may include a performance bond requirement and a requirement to notify affected neighbors in advance of large removals that may block streets or driveways.

- Penalties and remedies: The committee discussed retaining criminal penalties in the code (misdemeanor as an option) for violations, while also keeping administrative remedies such as cost collection and property tax assessments. Committee members asked the city law director to clarify language so that both criminal prosecution and civil/administrative fee collection remain available for hazardous‑tree cases.

Process and next steps

Committee members directed staff to make two small technical changes identified during the meeting and to prepare the ordinance for a public hearing. The draft will be presented to full City Council as a repeal‑and‑replace package so the new text can be underlined and the old text crossed out for clarity when it appears on a council agenda.

The committee also scheduled a combined public hearing for the trees and the weed ordinance; staff said the joint hearing is planned for August 14 at 6:00 p.m. to allow public comment on both chapters together.

Voices from the meeting

Law Director Brad Bridal and City staff including Service Director Alan Pennington, Chief Building Officer Bill Bartley and Housing & Community Development Director Markel Davis participated throughout the discussion to clarify operational details and enforcement sequences. The committee also considered public feedback submitted by email and during public comment.

What's unresolved

Several implementation issues remain for staff to resolve before the council hearing: precise drafting of the collection language for unpaid mitigation fees; the precise set of notifications and bond requirements for tree contractors; and clarity on when criminal prosecution would be pursued versus civil collection. Committee members asked staff to return with the clarified language.

Ending: The committee concluded the ordinance review after adopting the single‑family exemption and directed staff to prepare the final draft for publication and the upcoming public hearing.