§ 9-5.1207 TREE PLANTING RESTRICTIONS.

   In order to protect underground utilities and sidewalks, it is necessary for the city to place restrictions on the location and species of trees to be planted.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.1208 DEFINITION OF RESTRICTED TREES.

   The following trees are to be restricted due to their evasive root systems.

   (A)   The Salix species, which includes all willows except for “Australian willow” (Geijera perviflora) which has non-evasive roots and may be planted without restrictions.

   (B)   The populus species, which includes all cottonwoods, poplars and aspens.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.1209 REGULATIONS OF PLANTING RESTRICTED TREES.

   It shall be unlawful to plant any restricted trees as defined by this article anywhere in the city, unless the City Engineer first approves the proposed site as one where the roots will not likely interfere with underground utilities.

(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

§ 9-5.1210 REGULATIONS ON TREE LOCATIONS.

   Trees planted on private property, outside of a city right-of-way, shall be at least five feet from the sidewalk. Branches from such trees shall be trimmed to clear the sidewalk by at least seven feet and to clear the street by at least 14 feet.

(Ord. 897-C-S, passed 10-25-94; Am. Ord. 926-C-S, passed 7-23-96) Penalty, see § 9-5.2904

§ 9-5.1211 DECLARATION OF PUBLIC NUISANCE.

   Any tree or shrub growing on private property, which tree or shrub is endangering or in any way may endanger the security or usefulness of any public street, sewer, sidewalk, or other public facility, is hereby declared to be a public nuisance.

(Ord. 897-C-S, passed 10-25-94)

§ 9-5.1212 REQUIRED ABATEMENT OF PUBLIC NUISANCE.

   (A)   The property owner is required to abate the tree and or shrub declared a public nuisance. The city may remove or trim such tree or shrub on private property. Failure of the property owner to remove or trim such tree or shrub after 10 days' notice by the City Engineer shall be deemed a violation of the provisions of this chapter.

   (B)   Nothing contained in this chapter shall be deemed to impose any liability upon the city or its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree or shrub upon his property, or under his control, in such condition as to prevent such tree or shrub from constituting a public nuisance as set forth in this section.

(Ord. 897-C-S, passed 10-25-94) Penalty, see § 9-5.2904

ARTICLE 13: SCREENING OF MECHANICAL EQUIPMENT/OUTDOOR STORAGE