(a) The owner or owners of any new or substantially renovated or reconstructed retail commercial structure or complex of structures which is served by a common parking area shall plant and maintain trees within such parking area in accordance with the provisions of this section when the gross building area of such structure or structures exceeds 35,000 square feet.
(b) One out of each twenty-five spaces of parking required under this Code shall be designated for tree planting and landscaping in accordance with a landscaping plan subject to the approval of the Director of Public Service.
(c) Tree spaces shall be distributed throughout the entire extent of the designated parking area, except that a maximum of four spaces may be combined to form a landscaping grouping, provided such groupings shall also be distributed. The distribution of tree spaces and landscaping groupings shall be subject to the approval of the Director of Public Service. Trees which are planted outside the paved parking area adjacent to streets, highways, access roads, or other required landscaping areas may be utilized toward the fulfillment of no more than fifty percent (50%) of the requirements of this section. Trees on neighboring properties which abut the lot line may not be utilized toward the fulfillment of the requirements of this section.
(d) Vegetation and trees in tree spaces and landscaping groups shall be maintained by the owner or owners of the property in good condition. Dead, diseased, or damaged vegetation or trees in tree spaces or landscaping groups shall be replaced by the owner or owners, in accordance with the original landscaping plan, at the commencement of the next planting season.
(e) Council hereby finds and determines that the existence of dead, diseased, or damaged vegetation or trees in tree spaces or landscaping groups in commercial required parking areas is injurious to the public health and safety, and the same are hereby declared to be a public nuisance.
(f) Upon information that dead, damaged, or diseased vegetation or trees exist in a tree space or landscaping grouping required by this section, the Director of Public Service may cause notice to be served upon the owner or owners of the premises that such vegetation or tree be removed and replaced by a date specified by the Director, which date shall be at least ten days after the date of such notice. Such notice shall be given by certified mail or by personal service upon the owner or owners of the premises. In the event that the owner cannot be located or served by mail or in person, then such notice shall be given by publication in a newspaper of general circulation within the City.
(g) Should the owner or owners of the premises fail to comply with such notice, then the Director of Public Service shall have the right to enter upon the land and cause removal and replacement of such vegetation or tree in accordance with the original approved landscaping plan, and all cost or expense thereof shall be assessed against such land and certified and collected as provided in the case of other assessments levied by Council. The expense so assessed shall include the cost of removal and replacement, the cost of any publication required by this chapter, the cost of calculating, levying, and collecting such assessment, and any other necessary expense. This remedy shall be in addition to, and not in lieu of, any other remedy available to the City under Section 966.99 of this chapter or any other applicable statute or ordinance.
(Ord. 16-1997. Passed 1-21-97.)