(a) Within the City, no person shall plant trees between the street and the sidewalk and/or property line unless they are in compliance with regulations, rules and specifications adopted by the Carmel Urban Forestry Committee pursuant to Ordinance D-1091 (See §2-22).
(b) The owner or person in control of the dominant real estate adjacent to the area between the street and the sidewalk and/or property line on which any removal of the tree or shrub is planted shall comply with the rules and regulations adopted by the Carmel Urban Forestry Committee, pursuant to Ordinance D-1091.
(c) If any tree or shrub planted pursuant to this section shall, in the opinion of the Carmel Urban Forestry Committee, create a hazardous obstruction to vision which may endanger vehicular or pedestrian traffic, then said tree or shrub shall be appropriately trimmed or removed pursuant to the rules adopted by the Carmel Urban Forestry Committee.
(d) If any tree or shrub planted pursuant to this section shall cause damage to any street, curb or sidewalk, then said tree or shrub causing such damage shall be removed and the damage repaired by the dominant land owner or person in control as set forth by the Carmel Urban Forestry Committee.
(e) The City and all public utilities retain their ownership and right to access to the area between the street and the property line of the dominant owner and retain the right to reasonably remove any tree or shrub impeding necessary work to be performed by the City and/or all public utilities, or other properly authorized users.
(f) Public utilities are not exempt from the responsibility for the replacement of street trees which must be removed due to construction and maintenance unless otherwise directed by the City.
(g) Public utilities may trim street tree roots and branches as necessary for the maintenance of utility service as prescribed by state law and the rules and regulations adopted by the Carmel Urban Forestry Committee. The cost of such tree care is the responsibility of the affected utility.
(h) Violation of any provision of this section shall be deemed an Ordinance Violation and any person violating the provisions hereof shall be fined an amount not to exceed $2,500 for each independent offense or violation.
(`91 Code, § 6-64) (Ord. D-199, 2-5-79; Ord. D-1080, 5-2-94; Ord. D-1121, 11-7-94; Ord. D-1757-05, 11-7-05)