1026.04 REMOVAL, REPLANTING AND REPLACEMENT OF TREES AND SHRUBS IN PUBLIC PLACES.
   (a)   Wherever it is necessary to remove a tree or shrub from a tree lawn or other public place in connection with a public project, or due to the condition of the tree or shrub, the City shall remove and replant such tree or shrub or replace them with an equivalent number, size and species of tree or shrub to the satisfaction of the Commission.
   (b)   Any person desiring to remove any tree or shrub in a public street, park or public place shall first obtain a permit from the Commission by written application. The permit shall be issued when the Commission determines that the removal is necessary and the applicant agrees to pay the cost of the removal and provide for replacing the tree or shrub. All stumps must be removed twelve inches below the surface of the ground. All residual material shall be removed from the site at the time and the site restored. The replacement shall meet the standards of size, species and placement as provided for by the Commission. Failure to plant replacements per City standards shall result in replacement performed by the City, its employees, or agents and the City shall bill the property owner or person responsible for replacement and an administrative charge, or if necessary shall assess the property owner the same through special assessment as provided by law.
   (c)   Whenever any tree or shrub shall be planted or set out in conflict with the provisions of this chapter, the Commission may cause removal of the same but the City shall not be obligated to replace the tree or shrub planted without compliance with this chapter.
(Ord. 7-13. Passed 3-12-13.)