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No person shall unreasonably hinder, prevent, delay or interfere with the Arborist or his or her agents while engaged in the execution or enforcement of this subchapter.
(1990 Code, § 25-48) (Ord. 94-1576, passed 5-2-1994) Penalty, see § 97.999
Any person who violates any provision of this subchapter or who fails to comply with any notice issued pursuant to the provisions of this subchapter, upon being found guilty of violation, shall be subject to a minimum fine as set forth in § 97.999. Each day during which any violation for the provisions of this subchapter shall occur or continue shall be a separate offense. This person shall also be financially responsible if, as a result of the violation of any provision of this subchapter, the injury, mutilation or death of the tree, shrub, or other plant located on city-owned property is caused. Any person causing the injury, mutilation or death of the tree, shrub or other plant located on city-owned property shall be liable to the city for the cost of repair or replacement of the tree, shrub or other plant. The replacement value of trees and shrubs shall be determined in accordance with the latest revision of A Guide to the Professional Evaluation of Landscape Trees, Specimen Shrubs, and Evergreens, as published by the International Society of Arboriculture.
(1990 Code, § 25-49) (Ord. 94-1576, passed 5-2-1994) Penalty, see § 97.999
EXCAVATIONS AND CUTS GENERALLY
(A) Unless acting under a contract with the city, no person other than a duly authorized city official or employee in the course of his or her employment or a recognized public utility company shall make any excavation or opening in or under any public street or alley or upon any public property without a permit. No permit shall be issued to any person as set forth above unless the applicant has fully complied with the registration requirements set forth in § 150.002(C) of this code.
(B) No railroad company shall be required to obtain a permit for the purpose of repairing the roadbed of its railway or replacing or repairing the pavement or surface between its tracks and two feet outside thereof.
(C) No person shall make any opening in or through any curb of any street or alley except in accordance with plans and specifications established by the City Engineer, nor without a permit; the permit will not be issued under the following conditions:
(1) When the cut is to be made permanent and is within 20 feet of any permanent cut on the same premises;
(2) When the cut is to be made permanent and is intended to be more than 35 feet in its total throat width;
(3) When the cut is on corner property and is within the quadrant of intersection or the sidewalk area;
(4) When in the opinion of the City Manager the cut will interfere with the safety of the public; or
(5) Unless the sidewalk abutting the area of the curb opening is constructed of an approved grade of monolithic concrete not less than six inches in thickness.
(1990 Code, § 25-71) (Ord. 62-672, passed 10-1-1962; Ord. 65-814, passed 6-21-1965; Ord. 15-3479, passed 3-2-2015)
The applicant under this subchapter shall agree to and shall keep the operations carefully barricaded, lighted at night, and otherwise protected as required by the City Manager for the protection of the public. The city will not furnish to any contractor barricades, lights or signs except in an emergency.
(1990 Code, § 25-74) (Ord. 62-672, passed 10-1-1962)
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