(A) Prohibited actions. Except as expressly permitted pursuant to a permit issued under § 93.09(A) and (B) of this chapter; as authorized in a public utility permit agreement under § 93.10 of this chapter; and exempt activities under § 93.09(C) of this chapter, the following actions shall be prohibited:
(1) Intentional injury to a public tree, including but not limited to carving, defacing, breaking, using climbing spikes or irons (except for purposes of permitted tree removal), burning, attaching ropes, wires, insulators, nails, screws, chains, posters, signs, or other objects, disturbing or interfering with the root system, or allowing any harmful gaseous, liquid, chemical, or solid substance to come into contact with any portion of a public tree;
(2) Endangerment of a public tree by the creation of or the allowing of the existence of situations which endanger public trees, as defined in the Forest Board’s policies and standards;
(3) Topping, severely pruning, or otherwise disfiguring, any public tree;
(4) Pruning a public tree for the purpose of increasing visibility of commercial outdoor signage, off-premise advertising, or building facades;
(5) Destruction of a public tree by causing its physical removal by any means or causing its effective removal by any means which creates a situation that will more than likely lead to the imminent death of a public tree;
(6) Changing the natural surface grade within the drip line of a tree;
(7) Excessive paving or installing of an impervious surface over a substantial portion of the drip line of a tree;
(8) Substantially changing natural drainage patterns in a manner which would reasonably be expected to kill a tree; or
(9) All driving and parking of vehicles, including construction equipment that could cause compaction.
(B) Administrative fees for prohibited actions. If the prohibited action poses a serious threat to the public health, safety or welfare, or if the consequences of continued violation would cause irreparable damage to one or more public trees, the Mayor may, without further notice, proceed to abate the condition caused by the prohibited action. In such cases, the Mayor may, in addition to any monetary penalty imposed by this chapter, charge the responsible person or persons with the cost of the abatement, including equipment expense and a disposal fee, if any, as well as an administrative fee. The fee schedule for administrative fees shall be approved by the legislative body, posted at city hall, and published on the city’s website.
(Ord. 8, Series 2019, passed 9-16-2019) Penalty, see § 93.99