(A) (1) Bushes and shrubbery not properly maintained may be declared noxious vegetation in accordance with § 90.21.
(2) No owner or person in charge of property that abuts upon any street or public sidewalk shall permit trees or bushes on the person’s property to interfere with street or sidewalk traffic. It is the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on the person’s premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the street surface or 14 feet above the street surface on property adjacent to designated truck routes.
(B) No person or person in charge of property shall allow to stand any dead or decaying tree that is a hazard to the public or to persons or property on or near the property.
(C) All street trees that were required to be installed under a street tree plan or similar requirement shall be maintained in a healthy condition by the adjoining property owner or replaced with a tree consistent with the approved street tree plan for that location.
(D) No person shall remove any tree greater than one and one-half inches in diameter from the public right-of-way without first obtaining a permit from the City to do so, except as noted below.
(E) Because mature, healthy trees contribute significantly to the beauty and character of the community, City Staff will generally not issue a permit to remove a street tree greater than six inches in diameter unless the tree is diseased, rotten, dead or dying, significantly misshapen, an obstruction, or other hazard. A certified arborist may be required to verify the tree’s condition before removal is permitted.
(F) No person shall top or severely prune a tree greater than two inches in diameter in the right-of-way without first obtaining a permit from the City to do so, except where such pruning is required by City ordinances or requested by the City, such as to maintain clearances from sidewalks, street signs, streets, or alleys. SEVERE PRUNING is defined as severing the trunk or cutting back to the trunk or cutting a limb larger than four inches in diameter to a stub. A permit may be issued to prune a tree to remove a tree, limbs, or roots which are dead; to remove trees, limbs, or roots which have been severely damaged by storms or other causes; or which otherwise pose a danger to the public health and overall attractive shape of the tree. The permit may require that pruning be done under the supervision of a certified arborist.
(G) The City may require that a tree removed be replaced with a tree in accordance with a tree approved by the Public Works Superintendent and City Administrator.
(H) The above requirements do not apply to free pruning or removal by City Staff or agents. They also do not apply to public utility agencies or their agents pruning or removing trees as necessary to comply with applicable utility clearance standards. They do not apply in emergency circumstances.
(Ord. 622, passed 11-3-2010) Penalty, see § 92.99