(a) All trees on any tree lawn or public place near the excavation and/or construction of any building, structure or street work, shall be guarded with a protective device, such as a substantial fence, frame or box not less than four feet high and six feet square or at a distance in feet from the tree equal to the diameter of the trunk in inches, measured at a trunk height of approximately four and one-half feet from the ground. All building material, dirt or other debris shall be kept outside the barrier. The protective device must be structurally sound and capable of protecting the trees from all expected encroachment by debris and machinery associated with said excavation and/or construction.
(b) Except as otherwise set forth in this chapter, no person shall destroy or mutilate any tree, shrub or other plant in a tree lawn or public place, or attach or place any rope or wire (other than one used to support a young or weak tree), sign, poster or other thing on any tree growing in a tree lawn or public place, or allow any gaseous, liquid or solid substance harmful to such tree to come in contact with any part of the tree.
(c) Any property owner may request, from the City Urban Forester, a permit to remove a healthy tree from the tree lawn. If such permit is granted, the owner of such property shall be responsible for the entire cost of removing said tree, including the stump, together with the cost of replanting a new tree, pursuant to Section 553.05(a). If mandated by the City Urban Forester, the property owner shall cause the removal of said tree by a tree maintenance contractor who is registered with the City at the time the tree is to be removed. The cost of repair or restoration of any lateral line or sidewalks shall be borne by the property owner. If, through the repair of the lateral, it is determined that the "root flair" of said tree impinges upon the lateral, the City Urban Forester, in conjunction with the Engineering Department, may order the tree removed.
(d) The City Urban Forester shall order, at the City's expense, the removal of any tree, shrub or plant from the tree lawn, which he or she determines to be:
(1) An inappropriate species for the location; or
(2) Hazardous to life or property.
(Ord. 2016-117. Passed 9-19-16.)