§ 90.060 CITY TO CONTROL TREE PLANTING.

   The city shall have control and supervision of planting shrubs and trees upon, or overhanging, all the streets or other public property. The city may establish and enforce uniform standards relating to the kinds and types of trees to be planted and the placement thereof. The standards shall be kept on file in the office of the City Administrator and may be revised from time to time by action of the Council upon the recommendation of the City Administrator.

(Prior Code, § 7.09)

§ 90.061 PERMIT REQUIRED.

   No other planting of trees or shrubs shall be done by any person without the written consent of the City Council.

(Prior Code, § 7.09) (Ord. 317, Second Series, passed 6-2-2009) Penalty, see § 90.999

§ 90.062 DUTY OF PROPERTY OWNERS TO CUT GRASS AND WEEDS AND MAINTAIN TREES AND SHRUBS.

   Every owner of property abutting on any street shall cause the grass and weeds to be cut from the line of the property nearest to the street to the center of the street. If the grass or weeds in such a place attain a height in excess of six inches, it shall be prima facie evidence of a failure to comply with this section. The city shall trim, cut and otherwise maintain all trees and shrubs from the line of the property nearest to the street. City trimming and maintenance shall be done according to the manner prescribed in the city’s Boulevard Tree Maintenance Policy.

(Prior Code, § 7.09) (Ord. 315, Second Series, passed 12-9-2008) Penalty, see § 90.999

§ 90.063 CITY MAY ORDER WORK DONE.

   The city may, in cases of failure to comply with this section, perform the work with employees of the city, keeping an accurate account of the cost thereof for each lot, piece or parcel of land abutting upon the street.

(Prior Code, § 7.09)

§ 90.064 ASSESSMENT.

   If the maintenance work is performed by the city as set forth in § 90.063, the City Administrator shall forthwith, upon completion thereof, ascertain the cost attributable to each lot, piece or parcel of abutting land. The City Administrator shall, at the next regular meeting thereof, present the certificate

to the Council and obtain its approval thereof. When the certificate has been approved, it shall be extended as to the cost therein stated as a special assessment against the abutting land and the special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected.

(Prior Code, § 7.09)

§ 90.065 REASONABLE PROTECTION.

   Any tree located on city property in the immediate vicinity of any excavation, demolition, or construction site of any building structure, street, or utility work which has potential for injury, shall be reasonably protected from such injury by the property owner or contractor.

(Ord. 317, Second Series, passed 6-2-2009)

§ 90.066 TOPPING.

   It is unlawful for any person to top any street tree, park tree, or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove normal canopy and disfigure the tree. Trees severely damaged by storms or other causes or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this section, as determined by the city.

(Ord. 317, Second Series, passed 6-2-2009) Penalty, see § 90.999