Spokane Municipal Code

Title 10 Regulation of Activities

Division II. License Code

Chapter 10.25 Commercial Tree Work

Section 10.25.010 Commercial Tree License

1. Any person or entity retained or hired to prune, plant, or remove a public tree, as defined in SMC 12.02.945 or street tree as defined in SMC 12.02.952 must be licensed to perform commercial tree work by the City under this section. Each day of a continuing violation is a new and separate violation. (Cross Reference:  SMC 12.02.910, et seq., pruning permit)

2. A license to perform commercial tree work is issued to each applicant who meets the following qualifications:

1. 1. Is, or has an employee who is, an arborist certified through the International Society of Arboriculture.

1. 2. Uses only International Society of Arboriculture certified arborist or certified tree workers in performing work which involves tree climbing or tree pruning, planting, or removal.

1. 3. Has not been found in violation of any requirements of chapter 12.02 SMC within the preceding year.

1. 4. Maintains public liability insurance with combined bodily injury and property damage limits of at least one million dollars. At the time of permit application, the applicant must furnish proof of such insurance, naming the City of Spokane as an additional insured. The insurance must include a provision for at least thirty days written notice to the City risk manager prior to cancellation or material change in coverage to be given. The risk manager may allow insurance to be provided on an annual basis and may increase the amount of coverage for more extensive work as the public interest may require.

3. The license expires one year from the date of issuance, or sooner if the liability insurance lapses.

4. Licenses required by this section are class IIIA licenses under chapter 4.04 SMC.

5. Enforcement.

1. 1. Whenever it appears to the City that there has been a violation of the Spokane Municipal Code by a licensee in connection with the enjoyment of licensed privileges, a warning letter is issued specifying the apparent violation and any other information. If the City believes damages apply, the warning letter may include that information and demand for payment. The letter shall state a time for response and offer to meet with the party. The City may always independently seek restitution for any damages through any lawful means.

1. 2. If it appears to the City that a second violation has arisen within a three-year period after the first warning letter under subsection (E)(1) of this section, the matter is referred to the City prosecutor to seek penalties and full restitution for any apparent violations and damages claimed, including any items not resolved from the first warning letter. In addition, upon a court determination of any violation by a party required to hold a license under SMC 10.25.010, said party’s license is suspended six months. A party may apply for reinstatement after that time, conditioned on payment of all fines, penalties and damages applicable.

1. 3. If it appears to the City that a third violation has arisen within a three-year period after the first warning letter under subsection (E)(1) of this section, the matter is referred to the City prosecutor to seek penalties and full restitution for any apparent violations and damages claimed, including any items not resolved from prior accrued violations. In addition, upon a court determination of an additional violation by a party required to hold a license under SMC 10.25.010 beyond any prior court determination under subsection (E)(2) of this section, said party’s license is suspended two years. A party may apply for reinstatement after that time, conditioned on payment of all fines, penalties and damages applicable.

1. 4. Nothing herein prevents the City from contacting a party and resolving issues by any means outside the procedures stated herein.

Date Passed: Monday, February 8, 2010

Effective Date: Thursday, March 18, 2010

ORD C34546 Section 3