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§ 98.03 STREET TREE SPECIES TO BE PLANTED.
   No tree species may be planted on public property within the city without the prior permission of the Forestry Department. Prior to the Forestry Department taking action, it shall review all requests for planting to assure that the species are appropriate.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.04 LIST OF TREES APPROVED FOR PLANTING.
   The Forestry Department may determine and prepare a listing, from time to time, of various species of trees, which in the judgement of the Department, are suitable as street trees and the listings prepared are hereby approved.
(Ord. 419, passed 3-9-1992)
§ 98.05 SPACING AND LOCATION OF STREET TREES.
   (A)   Spacing. The spacing of street trees shall be in accordance with tree species size classes provided in this chapter and no trees may be planted closer together than as follows: small trees, 25 feet; medium trees, 35 feet; and large trees, 50 feet; except in special plantings designed or approved by the Forestry Department.
   (B)   Location. The distance trees may be planted from curbs or curblines and sidewalks shall be in accordance with the tree species size classes listed in § 98.01. No trees may be planted closer to any curb or sidewalk than the following: small trees, two feet; medium trees, three feet; and large trees, four feet.
   (C)   Corners, fireplugs and driveways. No street tree shall be planted closer than 35 feet from any street corner, measured from the point of nearest intersecting curbs or curblines. No street tree shall be planted closer than 15 feet from any fireplug, nor ten feet from any driveway.
   (D)   Utilities. No street trees other than those defined as “small trees” in § 98.01, may be planted under or within ten lateral feet from any overhead utility wire or underground water line, sewer line, transmission line or other utility.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.06 PUBLIC TREE CARE.
   (A)   Care of street trees. The city shall have the right to plant, prune, maintain and remove trees, plants, and shrubs within the rights-of-way of all streets, alleys, avenues, lanes and public grounds as may be necessary to ensure the public safety or to preserve or enhance the symmetry and beauty of the public grounds. No other planting may be done without consent of the Forestry Department.
   (B)   Removal of trees endangering utilities or other public improvements. The Forestry Department may remove or cause or order to be removed any tree or part thereof which is in an unsafe condition or 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. 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)   Protection of trees against piling up of building and other materials. No building material or any other material of any description shall be piled against any street or park tree unless the tree is first sufficiently protected by a proper guard to prevent possible injury and all instructions issued for that purpose by authority of the Forestry Department shall be promptly complied with by the persons to whom the instructions are applicable.
   (D)   Trees on private property.
      (1)   The Forestry Department shall have the authority to order the trimming, treatment and removal of trees, shrubs or plants upon private property when action is necessary to protect the public 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 the easement that is used for vehicular traffic and over that portion of the easement used for pedestrian travel; and the persons shall remove the dead or diseased branches or stubs of trees which are or may become hazardous to the public use of the 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 Forestry Department to ensure proper safety for motorists or pedestrians. All orders to trim, remove or treat trees, shrubs or plants given pursuant to this section, shall be in writing and shall be served personally in the same manner as a summons in civil proceedings or by certified mail return receipt requested upon the owner of the property. The notice shall give the owner of the property a period of at least 14 days after the mailing or service of the notice to comply with the order. It shall be unlawful for any owner of property receiving an order to fail to comply with the order in the time specified.
      (2)   If the required action is not taken by the property owner within the specified time, the Forestry Department may cause the trees, shrubs or plants concerned to be trimmed, removed or treated, with the costs being borne by the property owner. If not voluntarily paid to the city by the owner, the costs of the trimming, removal or treatment may be recovered by the city by special assessment levied upon the property owner under M.S. §§ 429.011 et seq., as they may be amended from time to time.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.07 TREE TOPPING.
   It shall be an unlawful practice for any person, firm or city department to top any street tree, park tree or other tree on public property without authorization from the Forestry Department. Topping is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or obstructions where other pruning practices are impractical may be exempted from this chapter at the determination of the Forestry Department.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
§ 98.08 NUISANCE DECLARED AND ABATEMENT.
   (A)   The following things are hereby declared to be public nuisances whenever they may be found within the city:
      (1)   Any standing or living tree or part thereof infected to any degree with the Dutch elm disease fungus, Ceratocystis ulmi (Buisman) Moreau, or which harbors any of the elm bark beetles, Scolytus multistriatur (Eichh) or Hyplurgopinus rufipes (Marsh);
      (2)   Any living or standing tree or part thereof in the red oak group (red oak, pin oak, scarlet oak, black oak) infected to any degree with the oak wilt fungus, Ceratocystis fagacerum (Bretz) Hunt; and
      (3)   Also, any living or standing tree in the white oak group (white oak, bur oak, bicolor oak) that poses a threat of transmission of the oak wilt fungus to other trees of the same species through interconnected root systems.
   (B)   It shall be unlawful for any person to permit any public nuisance as defined in this section to remain on any premises owned or controlled by him or her within the city. The nuisance may be abated in the manner prescribed by this chapter.
(Ord. 419, passed 3-9-1992) Penalty, see § 98.99
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