(A) Scope of requirement. No person except the Arborist, an agent of the Arborist or a contractor hired by the Arborist may perform any of the following acts without first obtaining from the Arborist a permit, for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:
(1) Plant on city-owned property, or treat, prune, remove or otherwise disturb any tree, shrub or other plant located on city-owned property, where advanced notification is not possible, the Arborist shall be notified immediately after any emergency public safety-related activities, except that this provision shall not be construed to prohibit owners of property adjacent to or appurtenant to city-owned property from watering or fertilizing without a permit any tree, shrub or other plant located on the city-owned property;
(2) Trim, prune or remove any tree or portion thereof if the tree or portion thereof reasonably may be expected to fall on city-owned property and thereby to cause damage to persons or property;
(3) Place on city-owned property, either above or below ground level, a container for trees, shrubs or other plants;
(4) Damage, cut, tap, carve or transplant any tree, shrub or other plant located on city-owned property; or
(5) Attach any rope, wire, nail, sign, poster, or any other human-made object to any tree, shrub or other plant located on city-owned property.
(B) Issuance. Within seven days of receipt of the application, the Arborist shall issue a permit to perform within 30 days of the day of issuance any of the acts specified in divisions (A) and (B), immediately above, for which a permit is requested whenever:
(1) The acts would result in the abatement of a public nuisance; or
(2) (a) The acts are not inconsistent with the development and implementation of the general plan for optimizing the tree, shrub and other plant resources of the city or with any regulations or standards of the Arboricultural Specifications Manual;
(b) Whenever an application has been signed by the applicant and submitted to the Arborist detailing the location, number, size and species of trees, shrubs or other plants that will be affected by the acts, setting forth the purpose of the acts and the methods to be used, and presenting any additional information that the Arborist may find reasonably necessary to a determination of whether the acts are consistent with this subchapter and with provisions of the Arboricultural Specifications Manual;
(c) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this subchapter and with the regulations and standards set forth in the Arboricultural Specifications Manual;
(d) The applicant certifies that he or she has read and understands those provisions of this subchapter and of the Arboricultural Specifications Manual which are pertinent to the work for which the permit is sought; and
(e) If the work for which a permit is issued entails the felling of any tree or part thereof, located on private property, which, as a result of the felling reasonably may be expected to fall upon city-owned property, and if the felling is done by one other than the owner of the property on which the felling is done, then the applicant shall agree to indemnify and to hold the city harmless for all damages resulting from work conducted pursuant to the permit and shall deposit with the City Clerk a liability insurance policy in the amount of $300,000 per person/$300,000 per accident for bodily injury liability and $100,000 aggregate for property damage liability, which policy shall name the city as an additional insured.
(C) Public utility companies. Nothing in this section shall be construed to exempt public utility companies or their agents from any of the requirements of this subchapter.
(1990 Code, § 25-46) (Ord. 62-672, passed 10-1-1962; Ord. 94-1576, passed 5-2-1994)