Upon application by property owners for a joint City-property owner street tree plant ing permit, the City Manager is authorized to purchase and plant trees on public rights of ways adjoining the property of applicants under the following terms and conditions:
(a) The cost of material and labor to purchase and plant the typical street tree planted shall be paid one-half by the applicants and one-half by the City. In the event the applicant applies for the planting of a tree in cost exceeding the typical standard tree planted under this program, the City shall pay that portion of the total cost of such a tree equal to one-half the cost of the typical standard tree and the applicant shall pay the balance of the cost of such tree.
(b) No tree shall be planted unless the unencumbered balance of moneys appropriated for street tree plantings is sufficient to pay the actual costs to the City of the plantings applied for.
(c) Trees planted shall conform to the standards provided for herein as to number, location, size, variety, condition and planting methods.
(d) Applicants shall agree to provide basic care of trees planted, including watering, fertilizer as necessary, support and protection in accordance with regulations issued as provided herein.
(e) Applications shall be made on a form prescribed by the City Manager and shall include the name and address of the person making application, the name and address of the owner of the adjoining property, if not the applicant, the location of the proposed planting and the variety of tree preferred by the applicant to be planted.
(f) Where no suitable planting area exists within the public rights of way adjoining the applicant's property, the City Manager is authorized to accept dedication of a planting easement of at least ten feet in width and to plant the trees provided for herein in such easements.
(g) The Director of Finance is authorized to collect the applicant's share of the costs of approved plantings by placing the charge on the applicant's utility service bills and collecting the charge with utility charges.
(h) Trees planted in accordance with this program shall be and remain the property of the City and may be removed by the City for good cause. The City may provide such maintenance services as it deems necessary.
(i) In the event persons owning property fronting on a single street block indicate a wish to limit the number of varieties of trees to be planted within the street block, the City Manager shall provide a survey on the question of all owners of property fronting on the street block and shall report the survey results to Council, which may limit the number of varieties of trees to be planted within that street block, and the City Manager shall not authorize plantings of any trees within the rights of way of such streets, except the varieties named in the petition. However, the varieties named shall be among the several varieties approved for street tree plantings and the Director of Service shall not issue permits provided for in Section 1024.04 unless the trees proposed to be planted are among those named in such petition.
(j) The City Manager shall prepare and maintain a list of applications for joint City property owner street tree plantings in the order that such applications are received and shall approve plantings on a first come - first served basis until the limit of moneys available is encumbered.
(k) Persons whose applications are denied for lack of unencumbered funds in any one year shall be notified that they may pay the entire cost of the planting in that year, in which case the City Manager is authorized to purchase and plant the trees in the same manner as for trees jointly purchased and planted by the City and the property owner, or that the application will be held pending further appropriations in that or a future year.
(l) Except in the case of corner lots, applications for a joint City-property owner of more than one tree in front of one lot shall not be approved unless funds in any one year are available in excess of the amount required to pay the City's share of the cost of all other applications for one tree in front of one lot.
(m) Trees planted by the City pursuant to this chapter shall be maintained by the City and, except in the case of abuse or violation of the adjoining property owner's agreement to provide basic care and protection to the trees, shall be replaced by the City as necessary.
(Ord. 74-33. Passed 8-13-74.)