(a) Wherever it is necessary to remove a tree or shrub from a treelawn in connection with the paving of a sidewalk, or the paving or widening of a portion of a street, alley or highway used for vehicular traffic, the City shall require the contractor or person to replant such trees or shrubs or replace them, removing all stumps below the surface of the ground; provided, that this requirement may be satisfied if an equivalent number of trees or shrubs of the same size and species as specified by the Shade Tree Commission are planted in an attractive manner on the adjoining property.
(b) No person or property owner shall remove a tree or shrub from a treelawn for the purpose of construction, or for any other reason without first filing an application and obtaining a permit from the City Manager or his designee, which application shall include a written finding by an arborist or tree-related professional reasonably acceptable to the City that such tree(s) and/or shrub(s) require removal. Such person or property owner shall, at his own expense, replace the removed tree or shrub in accordance with the standards, size and species set forth by the Commission. Such person or property owner shall remove at his own expense, any stumps to below the surface of the ground.
(c) When in good faith, the City Manager or his designee determines that a tree or trees located within a treelawn constitutes a hazard to the public's use of the streets, then the owner of the property abutting the treelawn shall, at his own expense, remove such tree or trees. Should any property owner fail to comply with an order of removal and/or replacement, and after prior written notice to the owner of the property that includes an estimate of costs for said tree removal and/or replacement, City may cause such tree or trees to be removed and/or replaced and the cost thereof to be assessed against the owner as provided by law. All expenses and labor costs incurred shall, when approved by Council, be paid out of City funds not otherwise appropriated. Council shall make a written return to the County Auditor of its action, with a statement of the charges for its services, the amount paid for labor and material, the fees of the officers serving such notices, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate and be a lien upon such lands from and after the date of entry and be collected as other taxes and returned to the City.
(d) In the event the City enters a lien upon the tax duplicate as provided in subsection (a) hereof, the Finance Director shall certify to the County Auditor for recording such lien such that the amount due shall be divided into eight (8) semiannual payments and collected with the immediate and subsequent tax years as applicable. The Finance Director shall add to the amount due interest at the rate of the Federal Reserve Prime Interest Rate as of June 1 of the current year, but in no event an amount less than twenty-five dollars ($25.00).
(Ord. 2023-13. Passed 6-13-23.)