Any person in possession of private property shall maintain trees upon adjacent public rights-of-way and any trees upon private property which may affect public property, in a safe, healthy condition in compliance with the provisions of this chapter. Adjacent property owners have the following responsibilities:
A. Responsibilities For Public Trees:
1. Obtain Permits:
a. Meet all requirements and obtain all permits necessary for work done (including, but not limited to, pruning and removal) on any public trees as required in section 7-2-9 of this chapter;
b. Meet all requirements and obtain all permits necessary prior to commencing repair of damage done to public streets or sidewalks adjacent to any public trees as required in section 7-2-9 of this chapter;
c. Meet all requirements and obtain all permits necessary for any tree planting on public property as required in section 7-2-9 of this chapter.
2. Routine Tree Maintenance:
a. Pruning of trees located on public rights-of-way adjacent to the owner's private real property:
(1) Prune and maintain such trees according to ANSI A300, except sections 5.5 and 5.6, which are deleted;
(2) Topping, heading, shearing or rounding over are not acceptable forms of tree pruning and are not allowed on public trees unless first approved by the City Forester;
(3) Except as otherwise determined by the City Forester, branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance over the sidewalk and street so as not to interfere with public travel;
(4) Trees shall be pruned to remove dead limbs or other limbs that are considered a public nuisance, as defined in subsection 7-2-12A of this chapter;
b. Control pests on trees located on public rights-of-way adjacent to the owner's private real property;
c. Provide water sufficient to keep trees located on public rights-of-way adjacent to the owner's private real property in a healthy, growing condition.
3. Protection/Preservation:
a. Obtain a permit from the City Forester before performing any activity which may harm any part of a public tree (inclusive of the critical root zone);
b. Notify the City Forester when any part of a public tree is damaged or destroyed.
B. Responsibilities For Private Trees; Routine Tree Maintenance:
1. Removal or pruning of trees located on the owner's private real property that are considered a public nuisance, as defined in subsection 7-2-12A of this chapter;
2. Pruning of trees located on the owner's private real property that are considered a public nuisance, as defined in subsection 7-2-12A of this chapter. Branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance over the sidewalk and street so as not to interfere with public travel;
3. Control of pests on trees located on the owner's private real property which may, upon determination by the City Forester, pose a threat to public trees;
4. Removal of all debris (wood, branches and leaves) from public property by sunset of the day on which any tree work is done.
C. Responsibilities For Alley Trees: Prune, remove or otherwise abate public nuisances, as defined in subsection 7-2-12A of this chapter. (1952 Code § 9-16-08)