(A) It is the purpose of this section to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other plants within the city.
(B) There is hereby created and established a City Tree Board which shall consist of seven members, citizens and residents of the city, who shall be appointed by the Mayor with the approval of the City Council. Members of the Board shall serve without compensation.
(C) The term of the seven persons to be appointed by the Mayor shall be three years, except that the term of three of the members appointed to the first Board shall be for only one year, and the term of three members of the first Board shall be for two years. In the event that a vacancy shall occur during the term of any member, his or her successor shall be appointed for the unexpired portion of the term.
(D) This section provides for full power and authority over all trees, plants and shrubs located within street rights-of-way, parks and public places of the city; and to trees, plants and shrubs located on private property that constitute a hazard or threat as described herein.
(E) It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying or otherwise treating trees, shrubs or vines within the city without first producing evidence of certification or license before the city. The requirements of § 152.02 shall be complied with.
(F) In new subdivisions or when the development of commercial property occurs, the City Forester shall review landscaping plans and may require street trees to be planted in any of the streets, parking lots, parks and other public places abutting lands henceforth developed and/or subdivided.
(G) (1) Size classes. The Tree Board develops and maintains a list of desirable trees for planting along streets in three size classes: small, medium and large.
(2) Tree spacing. The spacing of street trees will be in accordance with the three species size classes listed in division (G)(1) above, and no trees may be planted closer together than the following, except in special planting designed or approved by a landscape architect:
Small trees | 30 feet |
Medium trees | 40 feet |
Large trees | 50 feet |
(3) Utilities. No street trees other than those species listed herein as small trees may be planted under or within ten lateral feet of any overhead utility wire, or over or within five lateral feet, or any underground water line, sewer line, transmission line or other utility.
(4) Distance from curb and sidewalk. The distance trees may be planted from curbs or curb lines or sidewalks will be in accordance with the three species size classes listed in division (G)(1) above, and no trees may be planted closer to any curb or sidewalk than the following:
Small trees | 2 feet |
Medium trees | 3 feet |
Large trees | 4 feet |
(5) 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. For the purpose of this section, TOPPING is defined as the severe cutting back of limbs to stubs 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 exempted from this section at the determination of the City Tree Board.
(H) No person shall plant, remove, cut above the ground or disturb any tree on any street, park or other public place without first filing an application and procuring a permit from the City Forester. The person receiving the permit shall abide by the standards set forth in this section.
(I) Upon the discovery of any destructive or communicable disease or other pestilence which endangers the growth or health of trees, or threatens to spread disease of insect infestations, the City Forester shall at once cause written notice to be served upon the owner of the property upon which such diseased or infested tree is situated, and the notice shall require such property owner to eradicate, remove or otherwise control such condition within reasonable time to be specified in such notice.
(J) The City Forester or his or her official designee has the authority to enter onto private property whereon there is located a tree, shrub, plant or plant part that is suspected to be a public nuisance and to order its removal if necessary.
(K) If within 30 days of receipt of such notice the owner or occupant makes a written request for hearing before the City Council, further proceedings shall be suspended until a hearing is held before the City Council. The suspension shall not apply to a nuisance and notice that exists with reference to § 91.16. At such hearing, the owner, occupant, lessee or mortgagee of the property may present evidence to rebut the determination that a nuisance exists. After considering all relevant evidence, the City Council may order the nuisance abated or removed within the time specified by the City Council, the Mayor or his or her designee shall cause the city to remove the nuisance. Statement of the costs of such work shall be transmitted to the City Council, and after notice and hearing the governing body may levy the cost as a special assessment against the property. Such special assessment shall be a lien on the property and shall be collected in the manner provided for special assessments.
(Prior Code, § 8-501) (Ord. 650, passed 4-8-2003) Penalty, see § 10.99