(a) No person shall plant any tree or shrub within the public right of way without first having obtained a permit therefor, for which there shall be no fee, as hereinafter provided.
(b) Any person desiring to plant any tree or shrub within the public right of way shall apply to the City Manager for a permit to plant a tree or shrub. The form of the application shall be prescribed by the City Manager and shall include the name and address of the person making application, the name and address of the owner of the property adjoining the public right of way in which the tree or shrub is to be planted, if not the applicant, the location of the proposed planting and the size and variety of materials to be planted.
(c) The City Manager shall only issue permits for the planting of trees and shrubs in public rights of way when he or she has determined that such proposed plantings are in conformity with applicable regulations as to the location, size and variety of materials planted, including limitations on the variety of materials planted, imposed pursuant to the standards for planting adopted under 503.08(d).
(d) The City Manager shall propose standards for planting trees and shrubs in the public right of way, and City Council shall review and approve those standards and any amendments to those standards. The standards for planting trees and shrubs shall designate the number, location, size, variety and condition of trees and shrubs to be planted and planting methods. The standards shall take into account the relative hardiness, shape, root growth patterns, beauty and undesirable features of trees and shrubs and shall provide restrictions on plantings in locations likely to damage underground or aerial utility facilities, restrict motorists’ or pedestrians’ site distance, conflict with driveways, sidewalks, bikeways or streets; or damage street, sidewalk, storm sewer, curb and gutter or other public facility structures. The standards may completely prohibit plantings in public rights of way where the distance between the curb and sidewalk is insufficient to permit any planting of trees or shrubs.
(e) Any trees or shrubs planted in the public right of way after the adoption of this Ordinance without a permit shall be subject to removal by the City. The Property Maintenance Officer shall notify the property owner that a tree or shrub has been planted in violation of this provision. The owner shall have thirty (30) days from the date they receive notice from the Property Maintenance Officer to remove the tree or shrub from the public right of way. In the event the owner fails to comply with the order of the Property Maintenance Officer, then the City may cause the removal of the tree or shrub and the City may assess the costs of that removal to the property owner and certify those costs to the County Auditor and Treasurer as a special assessment on the property.
(Ord. 2017-07. Passed 11-21-17.)
JUNK, GARBAGE, AND REFUSE