It is unlawful for any person to alter or remove a tree within a public area or right-of-way without a permit for such work issued by the Maintenance Services Department. Any person who desires a permit shall apply to the Department on the designated form. The permittee shall be responsible for posting a copy of such permit on or adjacent to subject tree at least ten days prior to the date of the removal. This posting and waiting period may be waived by the Director for public health and safety purposes.
A. Any application for a permit required by this chapter shall be in writing, signed by the applicant, and filed with the Director, on a form furnished by him/her, and shall show:
1. The name and address of the applicant;
2. The address or location where such work is to be performed;
3. A detailed description of the work to be performed;
4. The date or dates on which such work is to be commenced and completed;
5. The name and address of any person or persons employed by, or contracting with, the applicant, for the performance of such work;
6. A statement that the applicant will hold the City harmless from any damage to any property or any injury to any person caused in any way by the performance of any work for which such a permit is issued.
B. The Director shall issue permits to property owners to perform maintenance on or to remove City street trees directly adjacent to their property, only if the following conditions are met:
1. The property owner has established, to the Director's satisfaction, that there is need for the proposed work on the tree; and
2. The property owner has established, to the Director's satisfaction, that the persons who are to perform the work are qualified to do so; and
3. The Director, in his/her sole discretion, has determined that any potential detriment to the City street tree population entailed by the proposed work, is justified in the individual case. In making this determination, the Director shall consider factors such as the probability that the proposed work will destroy or seriously injure the tree, the tree's health, the desirability of that species as a street tree, whether the tree's condition and size threaten serious damage to property, the condition and number of other City street trees in the vicinity, whether there are other less onerous means of accomplishing the applicant's goals, and other related criteria.
C. All work performed on City street trees pursuant to a permit issued by the Director under this section shall be done within a sixty-day period from the issuance of said permit, or within such longer period as the Director shall specify.
D. The Director shall condition any permit granted pursuant to this section for the removal of a City street tree, on the permittee removing, and where the Director determines it to be appropriate, replacing the tree. In such case, the replacement value of the tree shall be borne by the owner and such service shall not be provided by the City.
E. The Director may condition any permit granted pursuant to this section on any such conditions as the Director determines to be necessary.
F. The provisions of this section shall be complied with whenever a person seeks a permit to remove or trim a City street tree to facilitate moving any building or other structure.
(Ord. 2859 § 2 (part), 1995).