(A) Pruning and removal. All pruning and removal of trees on public property shall be undertaken only by employees or contractors of the city.
(B) Certified arborist. Persons or firms engaged in the business of pruning, treating or removing any Public Tree shall be recognized by the International Society of Arboriculture as a certified arborist. All such persons or firms shall carry evidence of liability insurance and workmen’s compensation. No certification shall be required by any public employee doing such work in the pursuit of his or her public service endeavors.
(C) Public tree injury. It shall be unlawful to injure or destroy any public tree by any means, including, but not limited, to the following:
(1) Placement of fences, rocks, gravel, signs, stakes or any other objects immediately adjacent to a tree, excepting for watering basins for young trees and objects for the temporary protection of new plantings of ground cover;
(2) Construction of a concrete, asphalt, brick or gravel sidewalk or otherwise filling up the ground area around any such tree with a closing of less than 42 inches by 42 inches so as to shut off air, light or water from its roots;
(3) The piling of building material and equipment or other substance and materials around any such tree so as to cause injury thereto;
(4) Spraying or pouring any chemical or other deleterious matter on or around any such tree and the surrounding ground, lawn or sidewalk;
(5) Posting any sign, poster or notice on any such tree, or by fastening guide wires, cables, ropes, nails, screws or other devices to any such tree; and/or
(6) Causing or encouraging any fire near or around any such tree.
(D) Public tree construction protection. During the construction, repair, alteration, moving or removal of any building, structure or any other type of construction in the city, no person in control of such work shall leave any public tree in the vicinity of such activity without sufficient guards or protectors to prevent injury to the tree. Protectors shall include, but not be limited to, chain-link or wood fencing and staking, as determined by the Tree Officer.
(E) Application for tree pruning or removal. A decision on an application for tree pruning or removal shall be made according to the standards of this subchapter and shall be subject to the procedures for appeal and review set forth in § 153.210.150. All applications shall be reviewed by a certified arborist at the expense of the applicant.
(F) Written notice. No noticed public hearing shall be required for an application under this subchapter unless otherwise required by another section of this code or state or federal law. The Tree Officer shall give at least ten days written notice to abutting property owners prior to removal of any public tree. No notice shall be required if the public tree has been determined to be exempted from this subchapter pursuant to § 153.165.100. In the event of a decision under this subchapter for the removal of five or more public trees in a given area, the Tree Officer shall also notify the Tree Advisory Board.
(G) Replacement. The city may replace at no cost to the abutting property owner those Public Trees which necessitate removal and replacement, as determined by the Tree Officer. This may occur only in cases where the property owner was not responsible for the conditions and events necessitating replacement.
(Ord. 1346, passed 5-2-12) Penalty, see § 10.99