(A) Generally.
(1) No person shall plant, spray, fertilize, preserve, prune, remove, cut above or below ground or otherwise disturb any tree on any street or city-owned property without first filing an application and procuring a permit therefor from a specified authority. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the Shade Tree Commission.
(2) Applications for permits shall be made at the office of the Department of Public Service or from a designated member of the Commission.
(3) The Commission shall issue the permit provided for in this section if, in its judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature.
(4) Every permit issued by the Commission shall be in writing and shall describe the work to be done, shall specify the tree species or variety, size, nursery grade and location, shall briefly specify the method of planting, support and trimming of all trees or shrubs concerned and shall contain a definite expiration date. Any permit may be declared void if its terms are violated.
(5) Notice of completion of the work authorized by such permit shall be given within five days to the Commission for an inspection thereof.
(6) The Commission shall meet and render a decision on any permit application within 14 days of receipt of the application by the Commission.
(B) Planting.
(1) The application required in this section shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Commission finds reasonably necessary to a fair determination of whether or not a permit should be issued.
(2) Whenever any tree is planted or set out in conflict with this chapter, the Commission may remove or cause the removal of such tree, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments. Such payments or assessments shall be paid into the Shade Tree Trust Fund and used solely for the purpose of enhancing the urban forest.
(3) The Commission may deny a permit to any person who proposes to plant any tree or shrub upon a public way, street, alley, park or other property owned by the city of a size, type or species found by the Commission to be undesirable for the location proposed; or may deny a permit to any person who proposes to plant any tree or shrub upon a public way, street, alley, park or other property owned by the city at a location found by the Commission to be of a size or type unsuitable for the planting of trees or shrubs.
(C) Maintenance, Removal, Replanting and Replacement.
(1) The application required by this section shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Commission finds reasonably necessary to a fair determination of whether or not a permit should be issued.
(2) Whenever any public tree is damaged in any way, the city may repair such damage and the exact cost thereof shall be assessed to the person responsible for the damage as provided by law in the case of special assessments. Such payments or assessments shall be paid into the Shade Tree Trust Fund and used solely for the purpose of enhancing the urban forest.
(3) No person or property owner shall remove a tree from the lawn strip or other city property in connection with the paving of a sidewalk or the paving or widening of the portion of a street or highway used
for vehicular traffic, for the purpose of construction, or for any other reason, without first filing an application and procuring a permit therefor from the Commission.
(4) No person shall remove any public tree without replacing such tree with a tree of equivalent dollar value in the vicinity of the removed tree. The value of trees shall be determined by the Commission in accordance with regulations adopted by the Commission considering the species, location, size and condition of trees. If no suitable location exists in the vicinity of the tree removed, or if the replacement tree is of a lesser value, the person causing the tree to be removed shall make a compensatory payment to the city equal to the difference in value between the tree removed and any replacement tree. Such compensatory payment shall be paid into the Shade Tree Trust Fund and used solely for the purpose of enhancing the urban forest.
(5) The Commission may deny a permit to any person who proposes to remove or maintain any tree or shrub upon a public way, street, alley, park or other property owned by the city when such removal or maintenance does not benefit the preservation of public health, safety, welfare and aesthetics.
(Ord. 13-87, passed 3-16-1987)