(A) The city, on recommendation of the Tree Advisory Board, shall have the right to prune, maintain and remove, or cause to have pruned, maintained and removed trees, plants and shrubs within the right-of-way of all streets, alleys, avenues, lanes and within squares and public grounds as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of the public grounds. The abutting property owner to the right-of-way of streets, alleys and highways shall be responsible for any expense incurred by this process. This expense will be billed to the property owner. Prior to taking any action pursuant to this section, the City Council shall notify the abutting property owner pursuant to § 95.08.
(B) The city, on recommendation of the Tree Advisory Board, may remove or cause to be removed any street 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 an injurious fungus, insect or other pest.
(C) The property owner who has planted a street tree shall maintain the tree after the tree is planted. Maintenance shall include, as necessary, watering, pruning, removal of dead or diseased limbs and insect control. The property owner also shall be responsible for any damage to existing utilities caused by improper tree installation.
(D) All street trees within 10 feet of any excavation or construction of any building, structure, street work or sidewalk shall be guarded with a protective barrier of at least 8 feet square by the person doing the excavation or construction. All building materials, dirt or other debris shall be kept outside the barrier. Any trees damaged or removed due to excavation or construction shall be replaced in the original location or as close to the original location as possible by the person doing the excavation or construction.
(E) (1) No person shall intentionally damage, cut, poison or carve any street tree; nor shall any person attach any rope, wire nails, poster, sign or other contrivance to any street tree; allow any gaseous liquid, herbicide or solid substance which is harmful to trees to come in contact with them; or set fire or permit any fire to burn when the fire or the heat thereof will injure any portion of any tree.
(2) No person shall transplant or remove a street tree without a permit. A permit for the purpose of this section may be granted by the City Council upon the recommendation of the Tree Advisory Board.
(F) It shall be unlawful for any person, firm or city department to top any street tree, park tree or other tree on public property. 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 at the determination of the Tree Advisory Board.
(G) Every owner of any tree, bush or shrub within the city shall prune the branches so that the branches shall not obstruct the light from any street lamp from illuminating the public right-of-way or obstruct the view of any street intersection and so that there shall be a clear space of 7 feet above the sidewalk or 12 feet above the street.
(H) Trees in utility easements may be safely pruned by utility companies at their own expense. The utility companies shall notify the abutting property owners of their intent to prune. This notice must be a minimum of 7 days before work is to be started. Pruning must be done in accordance with ANSI (American National Standards Institute) standards. If the utility company damages a tree so severely that it dies within 12 months, it must replace it with an appropriate tree.
(I) No tree shall be planted in the easements containing underground utilities. The Tree Advisory Board shall provide right-of-way information to citizens.
(Ord. 03-05, passed 6-2-2003) Penalty, see § 94.99