(a) It shall be the duty of any person or persons owning or occupying real estate bordering on any public utility line to grant the public utility reasonable access to allow for the trimming or removal of any tree or shrub that the utility finds interferes with or threatens damage to a public utility line. This duty extends to person or persons owning or occupying real estate that provides the most direct access to such trees and shrubs, even if such trees or shrubs are located on adjacent property.
(b) If any person or persons owning or occupying real estate property bordering on any public utility line fails to allow for the trimming or removal of any tree or shrub that the utility finds interferes with or threatens damage to a public utility line, the Director upon a finding that good cause exists for the trimming or removal of such trees or shrubs, shall order such person or persons within fifteen (15) days after receipt of written notice, to allow the public utility reasonable access to the property in question. The utility shall indemnify the person or persons owning or occupying real estate for any damage caused to the property during the course of such trimming or removal.
(c) However, if the Director determines the tree(s) or shrub(s) cause an immediate danger to the utility line, the Director shall have the right to immediately have the tree(s) or shrub(s) or any portion of such plant(s), removed without regard to the 15-day limit even if this removal effort requires the City, its agent or a utility to access non-City-owned real estate property. Additionally, if the Director determines that other trees or shrubs inhibit the safe access to utility lines, the Director has the authority to immediately remove such additional trees or shrubs.
(Ord. 7-13. Passed 3-12-13.)