(A) Planting trees in the right-of-way. It is unlawful for any person to plant trees within the right-of-way.
(B) Utilities. No public trees may be planted under or within ten lateral feet of any overhead transmission or primary utility wire, over or within two feet of any natural gas transmission line, over any underground water line, sewer line, sub-drain, transmission line, or other utility. No trees shall be planted within utility easements. A local call must be made prior to planting to determine location of utility lines (Gopher State One-Call: 800-252-1166).
(C) Maintenance.
(1) The city shall have the right to plant, prune, maintain, and remove public trees as may be necessary to ensure the public safety or to preserve or enhance the symmetry and beauty of such public property.
(2) The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition of which, by reason of its nature, is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is affected with any injurious fungus, insect, or other pest, including, but not limited to, Dutch elm disease, oak wilt disease, or emerald ash borer.
(3) If the city chooses to plant boulevard trees on a property’s boulevard, the property owners shall be notified in writing and have the right to appeal the planting of the tree to the City Council by notifying the Clerk/Treasurer and requesting a hearing.
(4) Every public or private tree overhanging any street or right-of-way within the city shall be trimmed so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection or street sign and so that there shall be a clear space of at least 12 feet above the street or eight feet above the sidewalk.
(5) It shall be unlawful for any person, firm, or city department to top any street tree, park tree, or other tree on public property. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subchapter at the determination of the City Inspector.
(6) Control of private hazard trees:
(a) The city maintains the right to take action on private trees that meet the definition of hazard trees to protect the public. Every effort will be made to cooperate with the citizen before action is taken.
(b) Required process for orders relating to private hazard trees is as follows.
1. Except in situations of imminent danger to human life and safety, the city representative will not enter private property for the purpose of inspecting for hazard trees without the permission of the owner, resident, or other person in control of the property, unless the city representative has obtained a warrant or order from a court of competent jurisdiction authorizing the entry.
2. All orders to remove, treat, or trim trees, eradicate, or otherwise control the hazardous condition given pursuant to this section shall be in writing and authorized by the city or its designated representative. Orders shall be served in person or by mail upon the owner of the property where such trees are located. Such orders shall afford the owner of the property not less than 30 days or a reasonable amount of time determined by the city from the date of the mailing of such notice to comply with such order.
3. If the required action is not taken by the property owner within the specified time, the city may cause the tree concerned to be trimmed, removed, or treated for the hazardous condition to be eradicated or otherwise controlled. The costs of such actions shall be apportioned as provided in this subchapter.
4. Disposal of wood from hazard trees must follow accepted Department of Natural Resource standards to ensure diseased wood does not infect healthy trees. Wood from, including, but not limited to, elms infected with Dutch elm disease, oaks infected with oak wilt, or green ash infected with emerald ash borer must follow DNR approved quarantine procedures.
5. Apportionment of costs relating to hazard trees.
6. a. Public trees. In the event that the city determines that a tree located on a boulevard or on public land as defined in § 92.26 is a hazard, the city will be responsible for the tree treatment, trimming, or removal.
b. Private trees.
i. In the event the city determines that a private tree is a hazard to city-owned utilities, the homeowner will assume responsibility for the cost of removal, treatment, trimming, or otherwise eradicating or controlling the hazardous condition.
ii. In cases wherein the tree is determined to be infected with a shade tree pest or disease, including, but not limited to, Dutch elm disease, oak wilt disease, and emerald ash borer, and where the city has determined that a private tree is a hazard, the owner will be responsible for removal, treatment, trimming, or otherwise eradicating or controlling the hazardous private tree.
iii. In situations where a private tree is dead, dying, and decayed and deemed of being an imminent danger to public health, safety, and well-being, the owner will be responsible for appropriate trimming or removal of his, her, or their tree.
iv. If a private hazard tree is not removed or treated as ordered or if the owner does not voluntarily pay to the city the cost of removal or treatment by the city, all costs incurred by the city for trimming, tree removal, treatment, or eradicating or controlling the hazardous condition may be recovered by the city by assessing the property.
v. Permits shall not be required for trees removed from private property, but due consideration for streets, pedestrians, neighbors, and proof of third party liability insurance must be made.
(Ord. 98, passed 9-14-2021; Ord. passed 11-14-2023) Penalty, see § 92.99