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Every permit granted by the Service Director or his or her designated agent shall specify the species or variety, size and location pursuant to Section 909.05. Any permit may be declared void if its terms are violated.
(Ord. 219-1972. Passed 10-2-72.)
No person shall deposit, place, store or maintain upon any highway, park or public place, any stone, brick, sand, concrete or other material which would impede the free passage of water, air or fertilizer to the roots of any tree growing upon the property without the written permission of the Service Director.
(Ord. 219-1972. Passed 10-2-72.)
No person shall intentionally break, injure, mutilate, kill or destroy any tree, or set fire or permit any fire to burn where such fire or the heat thereof may injure any portion of any tree in any highway, park or public place. No person shall knowingly permit any leak to exist in any gas pipe or main within the root zone of any such tree; no person shall permit intentionally any toxic chemical, either solid or liquid, to seep, drain, or be emptied on or about any tree; no person shall knowingly permit any wire designed to carry current to come in contact with any such tree unless protected by approved methods; and no person shall attach any electrical insulation to any tree or shall excavate any ditch, tunnel or trench or lay any drive within a radius of four feet from any tree without first obtaining a written permit from the Service Director.
(Ord. 219-1972. Passed 10-2-72.)
Whenever the Service Director determines it necessary, in order to protect the safety of his or her employees as well as to temporarily protect the wires of any public utility, to trim or remove trees in any highway, park or public place, he or she shall serve a written notice to the utility which owns the wires, to either trim or top the trees below their wires, as the case may be, or to remove their wires so that trim or removal work can proceed without hindrance. The public utility shall comply with such an order within twenty-four hours after the service of notice.
(Ord. 219-1972. Passed 10-2-72.)
(a) It shall be unlawful for any person, owner, or occupant having supervision or control of any lot, tract, parcel of land or portion of it, occupied or unoccupied, improved or unimproved, within the corporate limits of the City to permit or maintain on any such lot, tract, or parcel any tree or part thereof which is a public nuisance, and it shall be the duty of such person, owner or occupant to promptly remove, eradicate or otherwise control such condition.
(b) The City Arborist is charged with enforcement of this section, and to that end may enter upon private property at all reasonable hours for purposes of inspecting trees or plants or parts thereof, and may remove such specimens as are required for purposes of analysis to determine whether the same are infected.
(c) The City Arborist shall serve on the owner of the premises where a public nuisance as herein defined is found, written notice of the existence of such nuisance and an order detailing the requirements of abatement to be completed within a reasonable time to be specified in such notice. The “owner of the premises” means a person who has title to the property, or a person who has possession of the property. The notice of abatement shall be served by registered mail or personally on the owner. If such owner cannot be found, a copy of said notice shall be placed upon said tree or part thereof.
(d) If any work required to be done by the City Arborist is not accomplished within the time specified, the City Arborist may cause the work to be done at the expense of the City on the account of the owner of the property on which such work or improvements are done. Any notice given pursuant to this section shall state that if the work required is not done within the time specified, the City will cause the same to be done at the expense of the owner. A statement of costs incurred by the City shall be mailed to the owner by registered mail or personal delivery. Such statement shall be paid within 30 days of the date of mailing thereof to the City Finance Department. If the owner is unable to pay the cost of such work within 30 days, the City Finance Director is authorized to enter into an agreement to accept payment in installments not to exceed one year. In the event of nonpayment, all of the actual costs to the City will be assessed on the real estate on account of which expense is incurred.
(e) If the owner or occupant refuses to admit persons working for the City for the purpose of abating the nuisance, the City Arborist and the City Attorney shall seek an appropriate court order to gain admission.
(Ord. 117-2004. Passed 6-21-04.)
All permits issued for the installation of public utilities shall be certified by the Service Director. When a permit is given by the Service Director to a telephone, telegraph, electric power, gas company or other public service corporation or utility to trim trees, cut roots or remove trees to perform other work affecting public operations, the work shall be limited by the actual necessities of the service of the company and shall be done in a neat and workmanlike manner and according to specifications outlined by the Service Director. The Director may assign an inspector to supervise the provisions of the permit and the cost of such service shall be charged to the public corporation or utility at cost.
(Ord. 219-1972. Passed 10-2-72.)
No person shall prevent, delay or interfere with the Service Director or any of his or her designated agents in the execution or enforcement of the provisions of this chapter. However, nothing herein shall be construed as an attempt to prohibit a public hearing or permit any legal or equitable remedy in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.
(Ord. 219-1972. Passed 10-2-72.)
Whenever permits are issued for new construction of homes or subdivisions or other structures fronting on City streets or boulevards, the promoter or builder of the development shall include the planting of trees in tree lawns if, in the opinion of the Service Director there is sufficient space. The trees are to be planted according to Section 909.05.
(Ord. 219-1972. Passed 10-2-72.)
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