§ 95.35 ROUTINE TREE CARE.
   (A)   The city shall have the right to routinely inspect, plant, prune, maintain, and remove trees, plants, and shrubs within the boundaries of dedicated rights-of-way and other municipal properties as may be necessary to insure public safety or to preserve and enhance the symmetry and/or beauty of such public grounds.
   (B)   A utility may remove or cause to be removed any tree or part thereof which is in an unsafe condition, or which by reason of its nature is immediately injurious to sewers, electric lines, gas lines, water lines, or other public improvements, which is affected with any injurious fungus, insect or other pest, or which otherwise poses an identifiable threat to public safety. Except in emergency situations, communications and electric utilities shall notify the city before removing any tree.
   (C)   Public utilities may trim or remove trees, tree roots, and tree branches as necessary for the maintenance of utility service and as is prescribed by state law and as limited below:
      Unless approved in advance by the Tree Board for good cause shown, it shall be unlawful for any person to:
      (1)   Top trees within a city right-of-way or on other municipal property;
      (2)   Prune horizontally a branch of more than one-inch in diameter; and/or
      (3)   Cut limbs within a tree’s canopy back to stubs.
   (D)   Within the limits of this subchapter and the Tree Board’s budget, the city shall assume the expense of tree care for street trees. All routine care undertaken by the city shall be initiated by the Tree Board and undertaken by a certified and/or trained arborist.
   (E)   All property owners should be responsible for having all trees, shrubs, vines, or other plants growing under or near utility lines on their property properly trimmed or pruned. The applicable utility shall be contacted by the property owner prior to any pruning or trimming, so that service may be shut off as needed.
   (F)   All property owners should be responsible for proper routine care of street trees in the right-of- way between the road surface and the sidewalk or remainder of that person’s property. This includes monitoring tree health and notifying the city when such trees have major maintenance needs.
(Ord. 012208C, passed 1-22-08; Am. Ord. 091514A, passed 11-17-14)