(A) Trees.
(1) Definitions. For the purpose of this division (A), the following definitions apply unless the context clearly indicates or requires a different meaning.
PARK TREES. Trees, shrubs, bushes and all other woody vegetation in public parks having individual names, and all areas owned by the city, or to which the public has free access as a park.
STREET TREES. Trees, shrubs, bushes and all other woody vegetation on land lying within the public right-of-way within the city.
(2) Creation and establishment of a Forestry Department. There is hereby created and established a City Forestry Department. The Forestry Department shall be administered by the Public Works Director of the city.
(3) Duties and responsibilities. It shall be the responsibility of the Forestry Department to study, investigate, counsel and develop and/or update annually, and administer a written plan for the care, preservation, pruning, planting, replanting, removal or disposition of trees and shrubs in parks, along streets and in other public areas. Such a plan will be presented annually to the City Council and, upon its acceptance and approval, shall constitute the official comprehensive city tree plan for the city. The Forestry Department, when requested by the City Council, shall consider, investigate, make finding, report and recommend upon any special matter of question coming within the scope of its work.
(4) Operation. The Forestry Department shall choose its own officers, make its own rules and regulations and keep a journal of its proceedings. A majority of the members shall be a quorum for the transaction of business.
(5) Public tree care. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The Forestry Department may remove, or cause to 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 lines or other public improvements, or is infected with any injurious fungus, insect or other pest.
(6) Tree topping. It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such 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 other obstructions where other pruning practices are impractical may be exempt from this division (A) at the determination of the Forestry Department.
(7) Pruning, corner clearance. Every owner of any tree on private property overhanging any street or right-of-way within the city shall prune the branches so that the branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection. There shall be maintained a clear space of eight feet above the surface of the street or sidewalk. The owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light or interferes with visibility of any traffic-control device or sign.
(8) Removal of stumps. All stumps of street and park trees shall be removed below the surface of the ground so the top of the stump shall not project above the surface of the ground.
(9) Review by City Administrator. The City Administrator shall have the right to review the conduct, acts and decisions of the Forestry Department. Any person may appeal from ruling or order of the Forestry Department to the City Council who may hear the matter and make final decision(s).
(B) Permit to plant or remove trees. It is a misdemeanor for any person to plant or remove any tree upon or overhanging streets without first procuring a written permit from the city.
(C) Duty of property owners to cut grass and weeds. Every owner of property abutting on any street shall cause the grass and weeds to be cut from the property line of the property nearest to the street to the center of the street. If the grass or weeds in the place attain a height in excess of six inches, it shall be prima facie evidence of a failure to comply with this division (C).
(D) City may order work done. The city may, in cases of failure to comply with this section, perform the work with employees of the city, keeping an accurate account of the cost thereof for each lot, piece or parcel of land abutting upon the street.
(E) Assessment. If maintenance work described in the foregoing division (D) is performed by the city, the City Administrator shall forthwith, upon completion thereof, ascertain the cost attributable to each lot, piece of parcel of abutting land. The City Administrator shall, at the next regular meeting thereof, present the certificate to the Council and obtain its approval thereof. When the certificate has been approved, it shall be extended as to the cost therein stated as a special assessment against the abutting land and the special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected.
(Prior Code, § 7.07) (Ord. 29, Third Series, effective 10-18-1986; Ord. 183, Third Series, effective 5-2-1996) Penalty, see § 10.99