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935.05 INJURY TO TREES.
No person shall intentionally break, injure, mutilate, kill or destroy any tree, or set fire or permit any fire to burn where such fire or the heat thereof may injure any portion of any tree in the public right of way or in any park or public place. No person shall willingly permit any leak to exist in any gas pipe or main within the root zone of any such tree. No person shall fail to prevent any toxic chemical, either solid or liquid, from seeping or draining on or about any such tree or empty any such chemical on or about any such tree. No person shall knowingly permit any wire designed to carry current to come in contact with any such tree unless protected by approved methods. No person shall attach any electrical insulation to any tree or excavate any ditch, tunnel or trench or lay any drive within a radius of four feet from any tree in the public right of way without first obtaining a written permit therefor from the Director of Public Works.
(Ord. 1977-94. Passed 11-6-78; Ord. 2018-94. Passed 10-21-19.)
935.06 UTILITY WIRES.
Whenever the Director of Public Works determines that it is necessary, in order to protect the safety of his employees as well as to temporarily protect the wires of any public utility, to trim or remove trees in any public right of way, park or public place, he shall serve a written notice to the utility which owns the wires, to either trim or top the trees below their wires, as the case may be, or to remove their wires so that trim or removal work can proceed without hindrance. The public utility shall comply with such an order within twenty-four hours after the service of such notice.
(Ord. 1977-94. Passed 11-6-78; Ord. 2018-94. Passed 10-21-19.)
935.07 NUISANCE; NOTICE; CORRECTION OR REMOVAL; PAYMENT OF COSTS.
Any tree or part thereof growing upon private property but overhanging or interfering with the use of any public right of way, park or public place, which tree or part thereof, in the opinion of the Director of Public Works, endangers life, health, safety or property, shall be declared a public nuisance. The owner of such property shall trim the branches so that they do not obstruct the light from any street lamp or the view of any street intersection.
The owner shall remove all dead, diseased or dangerous trees and broken or decayed limbs which are a nuisance to the safety of the public.
The owner may be notified in writing of the existence of the nuisance and given a reasonable time for its correction or removal. If not corrected or removed within the time allotted,
the Director shall cause the nuisance to be corrected or removed and the cost shall be assessed as provided by law.
The City may require the owner of any property within the City limits to remove or destroy diseased trees growing or which have grown and died upon property owned or occupied by him and which are a fire hazard or menace to the public health, safety and welfare.
(Ord. 1977-94. Passed 11-6-78; Ord. 2018-94. Passed 10-21-19.)
935.08 WORK BY PUBLIC UTILITIES.
All permits issued for the installation of public utilities shall be certified by the Director of Public Works. When a permit is given by the Director to a telephone, telegraph, electric power, gas or other public service corporation or utility to trim trees, cut roots or remove trees, or to perform other work affecting public operations, the work shall be limited by the actual necessities of the service of the company and shall be done in a neat and workmanlike manner and according to specifications outlined by the Director. The Director may assign an inspector to supervise the provisions of the permit and the cost of such service shall be charged to the public corporation or utility at cost. (Ord. 1977-94. Passed 11-6-78; Ord. 2018-94. Passed 10-21-19.)
935.09 INTERFERENCE WITH ENFORCEMENT.
No person shall prevent, delay or interfere with the Director of Public Works or any of his designated agents in the execution or enforcement of the provisions of this chapter.
(Ord. 1977-94. Passed 11-6-78; Ord. 2018-94. Passed 10-21-19.)
935.10 TREES FOR NEW CONSTRUCTION.
Whenever permits are issued for new construction of structures, the promoter or builder of the development shall include the planting of trees in tree lawns as prescribed by the Director of Public Works and/or the Planning and Zoning Commission.
(Ord. 1977-94. Passed 11-6-78; Ord. 2018-94. Passed 10-21-19.)