(A) Tree removal permit. No person shall remove a mature tree or required tree on private property without first obtaining a permit from the Tree Officer. The Tree Officer shall grant a permit to remove a mature tree or required tree only if one of the following findings can be made:
(1) The mature tree or required tree constitutes a nuisance or hazard by virtue of its condition, location, species, proximity to existing structures, walkways or utilities;
(2) The removal of the mature tree or required tree is deemed necessary by a certified arborist to protect the health of other trees in the vicinity due to disease or infestation affecting the subject tree;
(3) The substantial trimming or removal of the mature tree or required tree is deemed necessary to accommodate solar access pursuant to the California Solar Shade Control Act of 1979;
(4) The substantial trimming or removal of the mature tree or required tree is necessary to prevent a substantial inconvenience or financial hardship to the property owner; or
(5) A suitable replacement tree in terms of species and ultimate size will be planted within six months of the permitted removal of the subject tree.
The size, location and species of the replacement tree(s) shall be determined by the Tree Officer with consultation of the applicant and taking into consideration such factors as the size, location, type of tree, number of trees on the property and number of trees in the surrounding neighborhood. The Tree Officer may consider the option of relocating the subject tree in another location on the subject property.
(B) Tree removal decision and appeal. A decision on an application for removal of a private tree 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. No noticed public hearing shall be required for an application under this subchapter unless otherwise required by another subchapter of this chapter or state or federal law.
(Ord. 1346, passed 5-2-12) Penalty, see § 10.99