The purpose of this chapter is to assume charge, custody and control of all trees upon the public streets and upon public property by the City; to provide rules and regulations relating thereto and to define tree nuisances and provide for their abatement, in order to provide for the safety, preserve the health, promote the prosperity, improve the order, comfort and convenience of the City.
For use in this chapter, the following terms are defined:
1. "Parking" means that part of the street, avenue or highway in the City not covered by sidewalk and lying between the lot line and the curb line; or, on unpaved streets, that part of the street, avenue or highway lying between the lot line and that portion of the street usually traveled by vehicular traffic.
2. "Trees" means all woody vegetation except where otherwise indicated.
1. There is hereby established a Tree Division of the City.
2. The Tree Division shall have the responsibility to create a list of recommended trees for streets, parks and other public land. The Tree Division shall also have the authority to add or remove trees from the permitted list at any time to ensure public safety and preserve the symmetry of public places.
3. The Tree Division shall consist of five members. One member will be the City Administrator or designee, the other four members will be appointed by the Mayor and approved by the City Council. The terms of the four appointed members shall be for three (3) years beginning on January 1, 2012. Any Tree Division member appointed prior to January 1, 2012, will serve from the date of the initial appointment plus a three (3) year term beginning January 1, 2012. The appointed members of the Tree Division need not be residents of Mount Vernon, Iowa.
4. The City Administrator or designee shall have the authority to perform and to regulate the planning, maintenance and removal of trees on streets and other public property in order to ensure public safety and preserve the symmetry of public places. The City Administrator or designee shall promote public information on tree planting, maintenance and removal. The City Administrator or designee shall have the authority and duty to supervise or inspect all work done in accordance with the terms of this chapter.
1. Authorized Trees. The City Administrator or designee shall keep a list of authorized trees for street right-of-way or public property as approved by the Tree Division.
2. Whenever any tree shall be planted in conflict with the provisions of this section, it shall be lawful for the City Administrator or designee to require its removal.
3. No tree shall be planted in the parking or public right-of-way without prior written approval of the City Administrator or designee. Before planting any tree, the abutting property owner must demonstrate to the City Administrator or designee the following:
A. That the owner has located all overhead and underground utilities, including City utilities.
B. That the tree planting is in compliance with Section 151.09.
C. That the tree will not be or become a traffic obstruction. (See Section 50.02(15))
D. That the tree is an authorized tree.
1. No tree shall be removed from the parking or public right-of-way without prior written approval of the City Administrator or designee. Written approval must address the need for traffic control, if any, when a tree will be felled or trimmed onto any street. Trees or branches which are felled or trimmed onto public property must be removed immediately.
2. Any person or entity felling or trimming a tree shall agree to indemnify and hold the City harmless for any personal injury, property damage or attorney fees.
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