A. The Public Works Department shall have the right to remove, trim, destroy and control all public trees which are planted, grown or maintained in violation of the provisions of this chapter and to seek appropriate remedy. The Public Works Department shall have the right to plant, prune, maintain and remove street trees within the lines 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.
B. Adjacent property owners, or homeowners' associations as agreed to by the City, shall be responsible for public tree care. Such duties include:
1. Ensuring landscaping compliance with section 8.60.040 of this chapter and, where applicable, ensuring that landscaping conforms to the development's approval standards.
2. Provide water sufficient to keep trees located on public rights-of-way adjacent to the owner's real property in a healthy, growing condition.
3. Control pests on trees located on public rights-of-way adjacent to the owner's real property.
4. Routine cutting, trimming, pruning and maintenance of public trees to provide sufficient public travel clearance on public rights-of-way and to remove dead limbs or other limbs that would constitute a hazard.
5. Obtaining written consent from the City for non-routine or major public tree care. For purpose of this chapter, "topping" or "heading" of any public tree is not considered routine or minor. However, on those public properties between sidewalks and roads, adjacent property owners may perform any level of care, including removal and/or replacement of trees or shrubs without the consent of the City provided that the landscaping complies with section 8.60.040 of this chapter and, where applicable, the development's approval standards. (Ord. 792, 2019)