(A) Any property owner desiring to plant vegetation which, for purposes of this section and § 102.31 and § 102.33, means any tree, shrub, bush, flowers, plants or other vegetation which will attain a height of more than 36 inches from the ground, in the public right-of-way strip abutting that owner’s property shall obtain a permit per § 100.02.
(B) If, in the opinion of the Street Commissioner, Traffic Engineer, Director of Public Works and Engineering Services, or one of their respective designees, vegetation located in the public right-of-way has become dangerous to the health and welfare of the general public, they may remove, or cause to be removed, any such vegetation.
(C) If a property owner wishes to remove vegetation from the public right-of-way, but same is not deemed by the Street Commissioner to be a threat to the general public, then the property owner may seek a permit to remove the vegetation as per §§ 100.02 through 100.05; and all costs of removing the vegetation shall be borne by the property owner. Permission to remove vegetation from public right-of-way may be denied if, in the opinion of the Board of Public Works and Safety, the removal of the vegetation would cause significant loss of shade to adjoining properties.
(D) The city reserves the right to remove any and all vegetation from public right-of-way or public easement when it becomes necessary and expedient to remove same in order to carry out any plan of street, sidewalk, utility or curb improvement adopted by the city.
(E) In no case shall the planting of vegetation, as defined in § 102.30(A), be permitted within the triangular area established by measuring along the pavement edge or curb line a distance of 50 feet in each direction from the intersection of either two public streets or a public street and an alley and connecting the farthest end points with a string.
(F) No property owner shall plant vegetation, as defined in § 102.30(A), within an alley right-of-way.
(Ord. 21-C-18, passed 10-8-18) Penalty, see § 102.99