A. Responsibilities: Adjacent property owners shall:
1. Adjacent property owners are not permitted to plant trees on city property.
2. Established trees that are encroaching city property and are being maintained by adjacent property owners at the time when this chapter was adopted may continue to be so maintained. If determined hazardous, adjacent owner must remove the same immediately. Contractors hired to remove the tree must be licensed and provide the city of Lava Hot Springs with a liability insurance certificate naming the city as an additional insured prior to removal of the tree. Once a street tree being maintained by an adjacent property owner is removed, it cannot be replaced on city property.
3. Meet all requirements for work done (including, but not limited to, pruning and removal) on any public trees that they are responsible for.
4. Meet all requirements necessary prior to commencing repair of damage done to public streets or sidewalk adjacent to any public trees that they are responsible for.
B. Routine Public Tree Maintenance For Trees:
1. Adjacent property owners shall:
a. Prune and maintain trees planted according to ANSI A300, a copy of which is available on the city of Lava Hot Springs website.
b. Topping, heading, shearing or rounding over are not acceptable forms of tree pruning and are not allowed on public trees.
c. Except as otherwise determined by the public works department, branches that overhang sidewalks or streets shall be pruned to provide sufficient vertical clearance over the sidewalk and street so as not to interfere with public travel.
d. Trees shall be pruned to remove dead limbs or other limbs that are considered a public nuisance.
C. Protection/Preservation: Adjacent property owners shall:
1. Obtain a permit from the city before performing any activity which may harm any part of a public tree (inclusive of the critical root zone).
2. Notify the city when any part of a public tree is damaged or destroyed. (Ord. 2015-10, 12-10-2015)