A. Street and park trees.
(a) No street tree shall be planted unless approved by the city tree manager. The kind, size, variety, and location thereof shall be in accordance with the city tree plan.
(b) A list of trees and shrubbery suitable for street trees and their spacing shall be developed by the board and included in the city tree plan.
(c) Care of street trees shall be the responsibility of the owner of the abutting property.
(d) It shall be unlawful as a normal practice for any person, firm, or city department 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 larger than three (3) inches in diameter within the tree's crown to such a degree so as to remove the 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 chapter at the determination of the city tree board.
(e) Stumps of street and park trees shall not project above the surface of the ground.
(f) The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within rights-of-way and on public grounds.
(g) The city may remove or cause to be removed, any tree or part thereof which is infested with any pest or is in an unsafe condition or is injurious to sewers, electric power lines, gas lines, water lines or other public improvements or which interferes with public walkways, streets, highways or alleys.
(h) The city shall maintain park trees using Firewise or similar specifications that reduce potential damage caused by wildfire to private and public property.
(i) Removal of street and park trees. When the city must remove permitted street trees to install or repair water and sewer lines, the property owner may be awarded up to fifty dollars ($50.00) per tree in matching funds to cover the cost of replacement. The funds shall be paid to the property owner(s) upon receipt of proof of purchase and planting. Private utility companies shall be responsible for the same matching funds as specified herein when operating within city right-of-way.
B. Trees on private property.
(a) No person shall store any tree or part thereof known to harbor or contain any pest infestation or declared to contain any pest infestation. The city shall have the right to inspect and cause the removal of any dead or diseased trees, parts of trees, or other vegetation on private property within the city if such trees constitute a hazard to life or property or harbor pests, which constitute a threat to other trees within the city. The city shall notify the owners of such trees, in writing, to remove such trees within such reasonable time as shall be determined by the city. Removal shall be made by the owners at their own expense. In the event of failure of the owners to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal to the owners or to assess the costs thereof against the property. Refer to Section 8.16.220 for the city's nuisance ordinance on dead or diseased trees.
(b) Property owners should maintain a degree of wildfire protection on their property to prevent spread to adjacent property. Property owners should thin trees and do other treatments based on Firewise recommendations.
(c) Any person claiming an interest in any tree ordered to be removed may appeal such order to the city tree board/committee within seven (7) days from the date of the order. (Ord. 690 (part), 2011)