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1026.03 RESPONSIBILITY OF DIRECTOR OF PUBLIC WORKS.
   (a)   The Director of Public Works is charged with the duty of enforcing this chapter and is responsible for creating the Annual Tree Work Plan.
   (b)   The Director of Public Works, or the designated representative of the Director, will take into account the advice of the Tree Advisory Council in making decisions regarding tree management and in creating the Annual Tree Work Plan.
(Ord. 17-01. Passed 12-4-01.)
1026.04 PLANTING, CARE AND REMOVAL; PERMIT REQUIRED.
   (a)   The Director of Public Works shall have control over all trees located within curb lawns, street rights-of-way and parks in the City and the planting, care and removal thereof, subject to the regulations contained in this chapter.
   (b)   Citizens wishing to plant, prune, or remove a tree in the curb lawn or public right-of-way must apply for a permit. Application for such a permit shall be submitted to the Department of Public Works and shall include the applicant's name and address as well as the location of the tree, species of tree to be planted, pruned, or removed, and such other information as the Director of Public Works may require.
   (c)   The Director is authorized to require as a condition to granting of approval for such work that the work be done in accordance with applicable American National Standards Institute (ANSI) standards and that the citizen assume all or part of the cost of such work.
   (d)   A person who violates this section is responsible for a Class E Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)
1026.05 PUBLIC TREE REMOVAL.
   The Department of Public Works shall have the right to plant, trim, spray, preserve and remove trees, plants and other vegetation within the lines of all streets, alleys, parks and other public places owned or controlled by the City as may be necessary to insure safety or preserve the symmetry and beauty of such public grounds. The Director of Public Works may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which is of a prohibited species or which is infected with any injurious disease, fungus, insect, or other pest. Whenever the Department removes a tree solely for the purpose of constructing a public work, the Director shall, whenever practical and if so recommended by the Tree Advisory Council, replace the same at public expense at some nearby location by planting another tree, not necessarily the same type.
(Ord. 17-01. Passed 12-4-01.)
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