1030.05   PERMITS REQUIRED.
   (a)   Planting, Maintenance or Removal.
      (1)   Application for permit.  No person shall plant, preserve, prune, remove, cut above ground or otherwise disturb any tree on any public right-of-way, easement or license, without first filing an application and procuring a permit from the office of the City Engineer.
   (b)   Planting.
      (1)   Application data. The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; and, such other information as the Tree Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
      (2)   Improper planting.  Whenever any tree shall be planted or set out in conflict with the provisions of this section, it shall be lawful for the Tree Commission to remove or cause 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.  The application required herein shall state the number and kinds of trees to be sprayed, pruned, or otherwise preserved; and, such other information as the Tree Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
   (d)   Removal, Replanting and Replacement.
      (1)   Whenever it is necessary to remove a lawfully placed tree or trees from a lawn strip in connection with the construction or replacement of a sidewalk, or the paving or widening of a portion of a street or highway used for vehicular traffic, the City shall replant such tree(s) or replace them at a cost not to exceed two hundred fifty dollars ($250.00). Provided that 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 are planted in an attractive manner on the adjoining property.
      (2)   No person or property owner 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 from the Tree Commission, and without replacing the removed tree or trees in accordance with the adopted Arboricultural Specifications.  Such replacement shall meet the standards or size, and placement as provided for in a permit issued by the Tree Commission. The person or property owner shall bear the cost of removal and replacement of all trees removed subject to the City's Tree Removal/ Replacement Guidelines.
(Ord. 03-01.  Passed 1-7-03; Ord. 08-112.  Passed 11-18-08.)