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(A) No person shall cut down, destroy, remove, relocate or destructively damage or cause to be cut down, destroyed, removed, relocated or destructively damaged any tree without first obtaining a permit from the city as herein provided, except that the following types of trees shall be exempt from the provisions of this subchapter:
(1) Schinus terebinthinfolius (Brazilian Pepper Tree/Florida Holly);
(2) Metopium toxiferum (Poison Wood);
(3) Casurina equisetifolia (Australian Pine);
(4) Melaleuca Quinquenervia (Melaleuca);
(5) Araucaria Heterophylla (Excelsa) (Norfolk Island Pine);
(6) Brassala Actinophylla (Schefflera).
(7) Bischofia auriculaeformis (Bischofia);
(8) Acacia auriculaeformis (Ear leaf Acacia);
(9) Leucaena Leucacephala (Lead Tree);
(10) Cupaniiopsis anacardiopsis (Carrotwood)
(B) Owner-occupied properties developed for detached single-family usage are exempt from all of the provisions of this chapter except as follows:
(1) Provisions of division (A) remain applicable to trees with trunk diameter of two inches or more measured 4.5 feet above grade.
(2) All provisions of § 106.03.
(3) Where a tree is to be removed from the property without being relocated, the city shall be notified and given the option to relocate the tree elsewhere at no cost to the property owner.
(C) Utilities franchised by the city may remove without permit, after prior written notice to and approval by the city, trees which endanger public safety and welfare by interfering with utility service, provided such utilities cooperate with the city to preserve such trees by relocation or replacement in the same vicinity or as determined by the city for the best public benefit; except that where such trees are on owner-occupied properties developed for detached single-family usage, disposition of such trees shall be at the option of the property owner, subject to the provisions of § 106.29(B).
(D) During emergency conditions caused by a hurricane or other disaster, the provisions of this subchapter may be suspended by the City Manager or his or her designee, until the end of said emergency period.
(E) All city and county licensed nurseries, botanical gardens, and commercial grove operations shall be exempt from the provisions of this subchapter, but only in relation to those trees which are planted and growing for the sale or intended sale to the general public in the ordinary course of said licensee's business.
(‘72 Code, § 22½-2) (Ord. O-73-31, passed 5-16-73; Am. Ord. O-76-100, passed 12-15-76; Am. Ord. O-85-14, passed 3-20-85; Am. Ord. O-88-71, passed 10-19-88; Am. Ord. 0-99-35, passed 10-20-99; Am. Ord. O-2001-23, passed 6-30-01; Am. Ord. O-2003-42, passed 12-17-03; Am. Ord. O-2004-26, passed 10-20-04) Penalty, see § 106.99