1. The City shall be responsible for removing dead, diseased or public safety concern trees from all public areas within the City. Trees in the right-of-way shall only be removed by the City, by an agent of the City or a person or firm approved by the City and has a right of way permit issued in accordance with City Code Section 135.09. No permit shall be required of any public service company or City employee doing such work under contract with the City or as an employee of the City in the pursuit of their public service.
2. The abutting property owner, agent or occupant shall be responsible for trimming and maintaining the trees on the right-of-way abutting his, her or their property. Trees shall be so trimmed that the overhanging branches shall be at least 15 feet above the surface of the street and at least eight feet above the surface of the sidewalk so as not to interfere with the street lighting or the free and safe use of the street and sidewalk by the public, taking into consideration tree maturity, size, and the tree maintenance recommendations in Chapter 165 Appendix C. A permit is not required for this maintenance work.
3. The City may serve notice to abate a nuisance as per City Code Chapter 50 to the abutting property owner, agent or occupant to trim or otherwise maintain the trees on the abutting right-of-way that are not in compliance with the provisions of this subchapter.
4. The City shall have the authority to trim or remove any tree, shrub or other plant material planted on any City right-of-way for non-compliance of this subchapter. This work shall be done at City expense unless abatement proceeding has been initiated in accordance with ordinance Chapter 50.
(Code of Iowa, Sec. 364.12[2c, d, and e])