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AN ORDINANCE CREATING EXCEPTION TO TREE SERVICE LICENSING REQUIREMENT FOR CITY PROJECTS BEYOND THE CAPACITY OF ORDINARY LICENSEES, AMENDING ARTICLE IV OF CHAPTER 35 OF THE DULUTH CITY CODE.
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CITY PROPOSAL:
The city of Duluth does ordain:
Section 1. That Section 35-27.1 of the Duluth City Code is hereby amended to read as follows:
Sec. 35-27.1. Tree service contractor’s licensing.
(a) Except as provided for in Section 35-27.2 below, nNo person shall engage in the business of maintaining, removing or treating trees, including stump removal, within the city unless such person shall have applied for and received a tree service contractor’s license under this Section. The fee for such license shall be established pursuant to Section 31-6 of this Code;
(b) Applications for a tree service contractor’s license shall be made on forms provided by the city clerk. The application for a tree service contractor’s license shall include at least the following:
(1) Name, business address and telephone number of applicant or applicants;
(2) Name, address and telephone number of the principal or principals of applicant, if different from subparagraph (1) above;
(3) Proof that applicant is currently registered with the Minnesota State Commissioner of Agriculture in accordance with the requirements of Minnesota Statutes Section 18G.07;
(4) Proof that the applicant is a member of the Inter-national Society of Arboriculture or the Tree Care Industry Associa-tion;
(5) Proof that the applicant is insured by a company or companies licensed to do business in the state of Minnesota of the types and in at least the amounts set forth below, which policies of insurance shall be subject to approval by the city attorney:
(A) Public liability insurance in the amount of $1,500,000 for injury to or death of one or more persons or damage to or destruction of property;
(B) Automobile liability insurance in the amount of $1,500,000 for injury to or death of one or more persons or damage to or destruction of property;
(C) Worker’s compensation insurance as required by Minnesota law;
(c) The city clerk shall issue a license to any applicant whose application satisfies the above requirements. Any applicant denied a license may appeal such denial within ten days of such denial by submitting a written notice of appeal to the city clerk. All such appeals shall be heard by the city’s chief administrative officer in the same manner as an appeal under subsection (h) below;
(d) In addition to the tree service contractor’s license provided for above, all vehicles used by a licensed tree service contractor to provide such services shall secure from the city and display on said vehicle a sticker or decal issued by the city clerk. The fee for such sticker or decal shall be established pursuant to Section 31-6 of this Code;
(e) All licenses issued pursuant to the provisions of this Section shall be for a period of one year, except as expressly set forth in this Section, commencing January 1 in each year and expiring on December 31 of that year. Licenses shall not be trans-ferred. Those making application for licenses prior to July 1 in each license year shall pay the full license fee; those making application thereafter shall pay 75 percent of the license fee;
(f) All planting, maintaining, removing or treating of trees by a licensed tree service contractor shall comply with American National Standard Institute Standard A300;
(g) Any license issued pursuant to this Section may be revoked by the chief administrative officer for good cause. If the tree inspector believes that good cause exists to revoke a license issued hereunder, said inspector shall prepare a notice of hearing which states the allegations against the licensee and the time and place of the hearing. The notice shall be mailed to the licensee at least 14 days before the hearing and a copy of the notice shall be served on the chief administrative officer. At the hearings, the chief administrative officer shall hear all relevant evidence and arguments concerning the matter before deciding the matter. Without excluding other sufficient grounds for revocation, the filing of an application containing any statement or information known to the applicant to be false, a violation of this Section or any state or federal law relating to tree care services, or the failure to substantially perform tree care services to customers shall each be sufficient cause for revocation. Any order of revocation shall be mailed by certified mail to the licensee at the licensee’s place of business as recorded with the city clerk. The chief administrative officer shall make written findings of fact, conclusions of law and revocation order in any case where a license is revoked;
(h) Any licensee whose license is revoked by the chief administrative officer pursuant to this Section may appeal such revocation to the city council within ten days of the date of mailing of the order of such revocation. Such appeal shall be in writing, and failure to file such an appeal within the 10 day period shall make the order final and the tree inspector shall notify the city clerk of the revocation of such license. The appeal shall be limited to a review of the findings and conclusions of the chief administrative officer;
(i) No license required by this Section shall be granted or issued to any person or entity whose license has been revoked, pursuant to the provisions of this Section, for a period of one year from and after the date of such revocation or to an entity owned or controlled by a person in control of an entity whose license has been so revoked. No such license shall be granted or issued to any such person or entity or any combination of such person and entities which have been subject to two such license revocations;
(j) No licensed tree service contractor shall perform any chemical treatment services with regard to trees unless such contractor also has a commercial pesticide applicator license from the Minnesota state department of agriculture
Section 2. That Article IV of Chapter 35 of the Duluth City Code is hereby amended to add a new Section 35-27.2 which reads as follows:
Sec. 35-27.2 License-exception
The provisions of section 35-27.1, except the provisions of subsection (b)(3) and (5), shall not apply to a contractor performing maintenance or removal of trees including fallen trees, tree branches or stumps pursuant to a contract with the city when the chief administrative officer shall have certified to the city council that the amount of work to be done or the time frame within which the public interest requires such work to be done requires the contract to be made available to contractors other than those licensed under this Article.
Section 3. That this ordinance shall take effect 30 days after its passage and publication.
Statement of Purpose
STATEMENT OF PURPOSE: The purpose of this ordinance is to modify the tree service contractor provisions of Chapter 35 to allow the city to contract with tree service contractors who do not hold city-issued tree service contractor licenses in extreme circumstances where the CAO determines that the amount of tree removal and tree debris cleanup that needs to be completed exceeds the capacity of city-license holders.
The ordinance is prompted by the aftermath of the July 2016 wind storm when the volume of work to be completed required the city to contract with tree service contractors who did not have a city-issued license.
Under the revised ordinance, contractors will still be required to demonstrate that they are bona fide professional tree service providers by showing proof that they are currently registered as a tree service provider with the Minnesota State Commissioner of Agriculture.
The ordinance does not change the requirements for tree service providers who wish to provide services in the city of Duluth to private individuals and businesses.