(A) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the right-of-way or bounds of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The city may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious or potentially injurious to electric power lines or other public improvements, or is seriously affected with any fatal disease.
(B) The abutting property owners shall have the right to perform normal tree care on all street trees. When the Code Enforcement Officer, or the Tree Board, determines that it is in the public interest, due to the possibility of damage to electric lines or other public improvements, disease, age, damage or other serious defect to remove a street tree, the tree shall be declared a nuisance and the abutting property owner shall be given 30 days to remove the tree. The abutting property owner may elect to request the city remove the tree, but such removal shall not be performed until the property owner signs a removal request that specifically waives any rights to claim compensation from the city for damages to sprinklers, yards, sidewalks, driveways or any other damages caused by such removal.
(C) The removal of street trees is to be performed as a courtesy to the abutting property owner. During the process of removing street trees, the city shall not be liable to the abutting property owner for any damages to sprinklers, yards, sidewalks, driveways or any other damages caused by such removal. The City Administrator may, at his or her discretion, compensate the property owner for minor damages, such as a broken sprinkler head, if such compensation appears justified. The owner may appeal to the City Council for compensation for any damages, but the city shall not have any obligation to pay said claims.
(D) The city may remove any street tree at any time, without prior notice, if said tree creates an immediate threat to public safety.
(Ord. 1047, passed 9-14-2020)