(A) The Director of Public Works or his or her designee shall, by virtue of his or her office, be the Urban Forest Director.
(1960 Code, § 40-5-3)
(B) (1) General. The Urban Forest Director is hereby given complete authority, control and supervision of all trees which now or which may hereafter exist upon any public place in the city. The Director of Health, Housing and Building shall have complete authority, control and supervision over all trees which exist upon any private property in the city when such trees are in such a hazardous condition as to affect adversely the public health, safety and welfare.
(2) Specific powers and duties.
(a) Preservation and removal of trees on public property. The Urban Forest Director shall have the right and duty to prune, preserve or remove any tree or other plant existing upon any public place when such tree, or part thereof, is infected with any injury, fungus, insect or other plant disease or when such tree, or part thereof, constitutes an interference with travel. Said Director is further authorized to take such measures with regard to such trees or plants as he or she deems necessary to preserve the function and to preserve or enhance the beauty of such public place.
(b) Order to preserve or remove trees on private property. The Director of Health, Housing and Building shall have the authority and it shall be his or her duty to order the pruning, preservation or removal of trees or plants upon private property when such trees constitute a public nuisance or when he or she shall find such action necessary to preserve the public health, safety and welfare.
1. Any dead, dangerous or diseased tree insofar as it affects the public health, comfort, safety and welfare is hereby declared a public nuisance dangerous to life and limb. For the purposes of this subchapter, a DEAD TREE is any tree with respect thereto that the Director of Health, Housing and Building or his or her designated agent has determined that no part thereof is living; a dangerous tree is any tree, or part thereof, living or dead, which the said Director of Health, Housing
and Building or his or her designated agent shall find is in such a condition and is so located as to constitute a danger to persons or property on public space in the vicinity of said tree; a DISEASED TREE shall be any tree on private property in such a condition of infection from a major pathogenic disease as to constitute, in the opinion of the said Director of Health, Housing and Building or his or her designated agent, a threat to the health of any other tree.
2. Any trees, such as ailanthus, silver maple, poplar, boxelder, catalpa or willow whose roots penetrate through or under the surface of any public place in the city, is hereby declared to be an undesirable species of tree for street planting.
3. Any hedge, tree, shrub or other growth situated at the intersection of two or more streets, alleys or driveways in the city is hereby declared to be a public nuisance to the extent that such hedge, tree, shrub or other growth obstructs the view of the operator of any motor vehicle with regard to other vehicles or pedestrians approaching or crossing the said intersection.
4. Minimum clearances of any overhanging portions of any hedge, tree or shrub shall be nine feet above sidewalks and 12 feet above streets.
(c) Authority of Director of Health, Housing and Building to enter on private premises. The Director of Health, Housing and Building or any designated member of his or her staff shall have the authority to enter upon private premises at any and all reasonable times to examine any tree or shrub located upon or over such premises and to carry out the provisions of the subchapter when, in his or her opinion, the tree or shrub may constitute a public nuisance or hazard.
(d) Desirable and undesirable plant lists. The Urban Forest Director shall provide lists of trees desirable in this list may be planted as street trees. These lists are defined in the Urban Forestry Inventory, as included in Exhibit “A” (attached to the ordinance codified herein and following this chapter).
(e) Delegation of duties and authority.
1. In the exercise of all or any of the powers herein granted, the Urban Forest Director shall have the authority to delegate all or part of his or her powers and duties with respect to supervision and control to his or her subordinates and assistants in the employ of the city, as he or she may from time to time determine.
2. Such subordinates or assistants may be appointed by the Urban Forest Director as he or she deems expedient. He or she may at any time remove them from office.
(f) Supervision. The Urban Forest Director or his or her appointed officer shall have the authority and it shall be his or her duty to supervise work done under a permit issued in accordance with terms of this subchapter.
(1960 Code, § 40-5-5)
(Ord. 5363, passed 3-6-1995; Ord. 8236-2018, passed 8-20-2018)