§ 21.043 PRIVATE PROPERTY.
   (A)   (1)   Upon request, the Tree Commission may act as an advisory board in advising private property owners concerning planting and maintenance on private property. However, the Tree Commission shall have no authority to regulate on private property, with the exception of regulated (historic and/or heritage) trees, and/or dead, diseased or damaged trees. The following factor(s) may be a basis upon which the Public Works Director may deny a permit to remove a regulated tree:
         (a)   Where there exists no current plan to develop the property;
         (b)   The planned development can be constructed without removing the regulated tree;
         (c)   The purpose for removal can be accomplished with less drastic results;
         (d)   The health of the tree;
         (e)   The proposal for replacement of the regulated tree;
         (f)   Any other factors reasonably related to the tree.
      (2)   The Public Works Director may attach reasonable conditions to the removal.
   (B)   The city shall have no responsibility to trim or maintain trees located on private property, with the exception that the Public Utilities Department may trim or remove trees that interfere with primary-voltage electric power lines.
   (C)   Trees, shrubbery flowers, bushes, or vegetation standing in or upon any lot or land abutting city property, and having branches, limbs, trunks, or other parts projecting onto city property, shall be maintained by the owner of the property on which such are growing, so as not to interfere with the free and safe passage along the city right-of-way by pedestrians and vehicular traffic. If the owner of such property does not keep this growth from projecting onto city property, the Public Works Director may order its removal at the expense of the property owner.
(Ord. 18-30, passed 9-4-18; Am. Ord. 21-26, passed 7-12-21)