909.02 DISEASED TREES, DANGEROUS TREES, TREES CAUSING DAMAGE; NUISANCE DECLARED.

   (a)   Diseased Trees. Any tree or part thereof which is infected by a lethal communicable disease that is likely to spread to other trees is declared to be a public nuisance. The owner or occupant of the property upon which the tree is located must remove the tree or otherwise abate the nuisance.

   (b)   Dangerous Trees.

      (1)   Any tree or shrub which overhangs any sidewalk, street, or other public place in the City in such a way as to impede or interfere with traffic or travel on such public place, or which obstructs any street lamp or interferes with the fire alarm wires, is declared to be a public nuisance and shall be trimmed by the owner of the abutting premises on which such tree or shrub grows so that the obstruction shall cease.

      (2)   Any tree, or any limb or part of a tree which has become likely to fall on or across any public way or place is declared to be a public nuisance and shall be removed by the owner of the premises on which such tree grows or stands.

   (b)   Trees Causing Damage. Any tree on a private property having roots or root characteristics which damage a public sewer, street or sidewalk is declared to be a public nuisance, and said nuisance shall be abated or shall be removed by the owner or occupant of such property.

(Ord. 117-2004. Passed 6-21-04.)

909.03 REMOVAL OF TREES DAMAGING PROPERTY FROM PRIVATE PROPERTY.

   Any tree on private property having roots or root characteristics which damage a public sewer, street or sidewalk shall, upon the order of the Service Director, be removed by the owner of such property in the same manner and subject to the same procedure as provided in Section 909.02.

909.04 RESPONSIBILITIES OF SERVICE DIRECTOR AND CITY RE TREES ON PUBLIC PROPERTY.

   The Service Director shall have charge, custody and control of all trees growing now or hereafter in any highway, park or public place in the City, and shall have the power and authority to plant, trim, preserve or remove all trees within the lines of all streets as may be necessary to insure safety or to preserve the symmetry and beauty of such public grounds.

   The City shall assume the responsibility for the maintenance and removal of all trees now or hereafter in any highway, park or public place of the City, as promptly as financial and labor conditions permit. Permits for planting, maintenance and removal of trees may be granted temporarily as specified in the provisions of this chapter.

909.05 ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE ADOPTED.

   The City hereby adopts the Arboricultural Specifications and Standards of Practice to govern the planting of trees on public property. No tree shall be planted on public property in the City, unless in conformance to the specifications and standards of practice therein.

(Ord. 219-1972. Passed 10-2-72.)

909.06 RULES AND REGULATIONS.

   The Service Director is authorized and empowered to make such additional rules and regulations as he or she shall deem necessary for the preservation of trees on public property and for the planting or care of such trees.

909.07 PERMIT TO PLANT, TREAT OR REMOVE.

   No person shall plant, move, spray, fertilize, brace, trim, do surgery work, cut above or below ground, cut any branch or root, break, climb, injure, remove, kill or otherwise disturb any tree in any highway, park or public place, nor cause such an act to be done by another, without first obtaining a written permit from the Service Director or his or her designated agent, who shall issue the permit if in his or her judgment the work is necessary, and proposed method of workmanship is of a satisfactory nature. No permit shall be issued to plant any soft maple, poplar, willow or other winter-seeking tree.

909.08 CONDITIONAL PERMIT FOR TREE REMOVAL.

   As a condition to any permit to remove any tree, the Service Director may require that the permittee plant another tree or trees in place of the one removed in conformance with Sections 909.05 and 909.20. Whenever any tree has been destroyed or removed pursuant to any conditional permit, no permittee shall fail, refuse or neglect to plant or supply another tree of the type, size and at the location specified in the permit, within five months from date of issuance of the permit.

   Any person, firm or corporation desiring to remove a live tree for the construction of a walk, driveway, building, sign or any other structure for his or her own gain, shall deposit with the Service Director a sum equal to the value of the tree or trees as determined by the Director to insure the planting or replanting of trees when the construction work is completed. At the time of the planting or replanting of trees pursuant to Section 909.05 and to the satisfaction of the Service Director, the deposit shall be returned to the person, firm or corporation.

(Ord. 219-1972. Passed 10-2-72.)