(A) Care of the street trees. The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the line of all streets, alleys, avenues, lanes, squares, and public grounds as may be necessary to insure the public safety or to preserve or enhance the symmetry and beauty of such public grounds. No other planting may be done without consent of the City Tree Inspector.
(B) Removal of trees endangering utilities or other public improvements.
(1) The City Tree Inspector may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements or is affected with any injurious fungus, insect, or other pest.
(2) Every tree overhanging any street or right-of-way within the city shall be pruned so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of at least eight feet above the street or sidewalk. Dead, diseased, or dangerous trees, or broken or decayed limbs which endanger the safety of the public shall be removed.
(C) Trees on private property.
(1) The City Tree Inspector shall have the authority to order the trimming, treatment, and removal of trees, shrubs, or plants upon private property when such action is necessary to public safety or to prevent the spread of disease or insects to trees, shrubs, or plants located on public property. Any tree or shrub situated upon private property, but so situated as to extend its branches over the improved portion of a public street or highway easement shall be so trimmed by the owner of the real property upon which the same is located so that there is a clear height of at least eight feet over that portion of such easement that is used for vehicular traffic and over that portion of such easement used for pedestrian travel.
(2) Easements shall be unobstructed by branches and property owners shall remove any dead or diseased branches or stubs of trees which are, or may become, hazardous to the public use of such easement. Any trees obstructing traffic-control signs or devices from the view of the pedestrian or motorist shall be pruned to a height established by the City Council to ensure proper safety for motorists or pedestrians.
(3) All orders to trim or treat trees, shrubs, or plants given pursuant to this section, shall be in writing and shall be served in person or by first class mail upon the owner of the property where such trees, shrubs, or plants are located. Such orders shall afford the owner of notice to comply with such order. It shall be unlawful for an owner of property receiving such an order to fail to comply with the order in the time specified.
(4) If the required action is not taken by the property owner within the specified time, the City Council may cause the trees, shrubs, or plants concerned to be trimmed or treated with the costs being borne by the property owner. If not voluntarily paid to the city by such owner, the costs of such trimming or treatment may be recovered by the city by special assessment upon the property owner.
(Ord. 14-4, passed 11-8-1993) Penalty, see § 94.99