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1026.06 SPACING OF SHADE AND ORNAMENTAL TREES.
   Plantings of shade and ornamental trees in streets and parks of the City shall be done by the Department of Public Works in accordance with prescribed tree planting practices. Elm trees shall be spaced not less than sixty feet apart. Oak trees shall be spaced not less than fifty feet apart. Other shade and ornamental trees shall be spaced not less than forty-five feet apart. No trees shall be planted in the curb lawn when that area is less than three feet wide. All trees shall be planted mid-way in the curb lawn. No tree shall be planted nearer than twenty-five feet from intersecting rights-of-way of any streets.
(Ord. 17-01. Passed 12-4-01.)
1026.07 PROTECTION OF PUBLIC TREES.
   (a)   No person shall break, cut down, damage, injure, poison, or in any other manner, intentionally destroy or cause to be destroyed, or remove, any tree, or part thereof located within the public streets, curb lawns, parks, or within any other land publicly owned or controlled by the City except in accordance with the provisions of this chapter.
   (b)   No person shall set fire within twenty-five feet of any public tree or permit any fire or the heat thereof to injure any portion of any public tree. No toxic chemicals or any other injurious materials to trees shall be allowed to seep, drain, or be emptied on, near or about any public tree. No electrical wires or other lines or wires shall be permitted to come into contact with any tree in any manner that causes damage thereto and no person shall attach any electric insulation to any public tree.
   (c)   No person shall use any public tree as an anchor, except by special written permission from the Director of Public Works, and no material shall be fastened to or hung on any public tree. All persons having under their care, custody or control, facilities which may interfere with the trimming or removal of a public tree shall, after notice from the Department of Public Works, promptly abate such interference in such a manner as will permit the trimming or removal of such tree by the Department. The Director shall certify all City permits for construction, insulation, alteration, moving or raising of all buildings, utilities, sidewalks, sewers or other facilities or operations where public trees or parts thereof are involved.
   (d)   A person who violates this section is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)
1026.08 EXCAVATIONS AND DRIVEWAYS NEAR TREES.
   (a)   No person shall place driveways or excavations within five feet of any public tree without obtaining a written permit from the Director of Public Works.
   (b)   A person who violates this section is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)
1026.09 PRIVATE TREE CLEARANCE.
   (a)   An owner of a tree on private property overhanging a street or public right-of-way in the City shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection, so as to maintain a clear space of not less than fifteen feet above the surface of the street, sidewalk or right-of-way. Such owner shall remove all dead, diseased or dangerous trees and broken or decayed limbs, which constitute a menace to the safety of the public. The City shall have the right to trim a tree, bush or shrub on private property when such interferes with the proper spread of light along a street from a street light or with the visibility of a traffic control device or sign. Such trimming is to be confined to the area immediately above the right-of-way.
   (b)   No shrub or bush located on the triangle formed by two right-of-way lines at the intersection of two streets, and extending for a distance of twenty-five feet each way from the intersection of the right-of-way lines on any corner lot within the City, shall be permitted to grow to a height of more than thirty inches from the top of the shrub or bush at the street level, in order that the view of the driver of a vehicle approaching such an intersection shall not be obstructed. Trees may be planted and maintained on private property on this area provided that all branches are trimmed to maintain a clear vision for a vertical height of ten feet above the roadway surface.
   (c)   A property owner who fails to trim any trees, shrubs or bushes or take other ordered corrective action in conformity with this section shall be notified by the Director of Public Works in the manner provided in Section 202.04, to do so and such notice shall require that such trimming be done in conformity with this section within fourteen days after the date of such notice or within such additional time as may be stipulated in such notice. Upon the expiration of such period, the Director may cause the trimming to be done and the cost thereof may be collected from the owner of such property as a single lot assessment in accordance with Chapter 216 of the Administration Code.
   (d)   A person who violates this section is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)
1026.10 DISEASED OR INFESTED PRIVATE TREES.
   (a)   When the Director of Public Works discovers that a tree growing on private property overhanging a street or public right-of-way within the City is afflicted with a dangerous or infectious insect infestation or tree disease, he or she shall serve a written notice upon the owner of the property in the manner provided in Section 202.04. The notice shall describe the tree, its location, and the nature of the infestation or tree disease and order the owner, agent or occupant to take such measures as may be reasonable and necessary to curb such infestation or disease and prevent the spreading thereof. Such notice shall also specify the measures to be taken. Such measures may require the pruning, spraying or destruction of the trees as is reasonably necessary
   (b)   If the owner, agent or occupant of the property refuses to carry out the order of the Director of Public Works within the time limit, the Director shall carry out the pruning, spraying or destruction of the tree as deemed necessary by him or her and shall bill the owner, agent or occupant of the property for the cost thereof. If the owner, agent or occupant of such property fails to pay such bill within sixty days after the same has been rendered, the Director shall report such to the City Commission for collection as a single-lot assessment against the property in accordance with Chapter 216 of the Administration Code. The Director may, without serving the above notice when the owner or occupant of any private property consents and pays the reasonable cost thereof, cause trees growing on a private lot to be sprayed when he or she deemed the same necessary on account of any infestation of disease or threat thereof.
   (c)   A person who violates this section is responsible for a Class C Municipal civil infraction and shall be subject to the civil fines provided in Section 202.98.
(Ord. 17-01. Passed 12-4-01.)
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