(A) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the rights-of-way of all streets, alleys, avenues, lanes, parkways, highways, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of public grounds. This section does not prohibit the planting of street trees by adjacent property owners providing that the selection and location of trees is in accordance with §§ 152.02 through 152.06 and with approval from the City Tree Board as to species and location of the tree. Whenever any tree is planted or set out in conflict with the provisions of this chapter, it will be lawful for the Brazil Street Commissioner to remove or cause removal of the same. The cost of removal of a tree may be charged to the property owner responsible for the planting thereof.
(B) The City Tree Board may recommend to the Street Commissioner the removal of any street tree or part thereof which is in unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is infected with any injurious fungus, insect or other pest. Property owners wishing to do maintenance or removal work at their own expense on city trees adjacent to their property must obtain a homeowner's permit from the City Tree Board which would verify that all the work is being done by insured tree experts and that trimming or removal is being done for legitimate reasons. The applications for homeowner's permits will be available at City Hall. They are submitted to the City Clerk- Treasurer for referral and approval by the City Tree Board.
(C) The topping of city street trees is strongly discouraged. TOPPING is defined as the severe cutting back of limbs to stubs larger than 3 inches in diameter within the tree's crown to a degree so as to remove the normal canopy and disfigure the tree. Trees near utility lines or in areas that cannot be pruned using acceptable techniques should be removed and a new tree appropriate to the site planted. Any person or entity wishing to top a street tree shall notify the Brazil Street Commissioner in advance of doing so.
(Ord. 19-1997, passed 10-28-1997) Penalty, see § 152.99