1026.03  PLANTING, MAINTENANCE AND REMOVAL.
   (a)   Permit Required; Application; Issuance; Inspections.
      (1)   No person shall plant, spray, preserve, prune, remove, cut above ground or otherwise disturb any tree on any street or City-owned property without first filing an application and procuring a permit from a specified City authority. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the Shade Tree Commission.
      (2)   Application for permits must be made at the office of the Public Service Director or from a designated member of the Commission.
      (3)   The Commission shall issue the permit provided for herein if, in its judgment, the proposed work is desirable and the proposed method and workmanship thereof are of a satisfactory nature. Any permit granted shall contain a definite date of expiration and the work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated.
      (4)   Notice of completion shall be given within five days to the Commission for an inspection.
   (b)   Planting; Application Data; Authority to Remove.
      (1)   The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Commission finds reasonably necessary to a fair determination of whether or not a permit should be issued.
      (2)   Whenever any tree is planted or set out in conflict with any provision of this section, the Commission may remove or cause the removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
   (c)   Maintenance; Application Data. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Commission finds reasonably necessary to a fair determination of whether or not a permit should be issued.
   (d)   Removal, Replanting and Replacement
      (1)   Wherever it is necessary to remove a tree from a lawn strip in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic, the Municipality shall replant such tree or replace it. If conditions prevent planting on lawn strips, this requirement will be satisfied if any equivalent number of trees of the same size and species, as provided for in the Arboricultural Specifications, is planted in an attractive manner on the adjoining property.
      (2)   No person shall remove a tree from the lawn strip for the purpose of construction, or for any other reason, without first filing an application and procuring a permit therefor from the Commission and without replacing the removed tree in accordance with the adopted Arboricultural Specifications. Such replacement shall meet the standards of size, species and placement as provided for in a permit issued by the Commission. The person removing the tree shall bear the cost of removal and replacement of all trees removed.
(Ord. 2059.  Passed 4-9-84.)