151.01 Purpose 151.06 Obstruction 151.02 Definitions 151.07 Disease Control 151.03 Tree Division 151.08 Interference with Clerk 151.04 Authorized Trees and Planting Restrictions 151.09 Arboricultural Specifications and Standards of Practice 151.05 Felling or Trimming of Trees 151.10 Decision-Appeal 151.01 PURPOSE.

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.

151.02 DEFINITIONS.

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.

151.03 TREE DIVISION.

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.

151.04 AUTHORIZED TREES AND PLANTING RESTRICTIONS.

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.

151.05 FELLING OR TRIMMING OF TREES.

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.

151.06 OBSTRUCTION.

1.   Trees on public or private property bordering on any street shall be trimmed to sufficient height to allow free passage of pedestrians and vehicular travel and so they will not obstruct or shade the street lights, the vision of traffic signs or the view of any street intersections. The minimum clearance of any overhanging portion of such trees shall be nine (9) feet over sidewalks and eighteen (18) feet over all streets.

2.   Public Property. The maintenance of the parking or terrace of public right of way shall conform to Section 135.10.

3.   Private Property. When the City Administrator or designee shall find it necessary to order obstructing trees on private property to be trimmed, the City Administrator or designee shall cause written notice to be served on the property owner requiring such trees to be trimmed to the minimum heights set out above within thirty (30) days after receipt of the said notice. The notice required herein shall be served by mailing a copy of the notice to the last known address of the property owner by certified mail. If the City Administrator or designee is unable to secure notice on the property owner, said written notice may be served on the occupant or person in charge of the property in the same manner as set out herein.

4.   Failure to Comply. When a person to whom such notice is directed shall fail to comply within the specified time, the City Administrator or designee shall cause the trees to be trimmed and the exact cost of such work shall be certified by the City Administrator or designee to the County Treasurer to be collected with and in the same manner as general property taxes.

151.07 DISEASE CONTROL.

Any dead, diseased or damaged tree or shrub which may harbor serious insect or disease pests or disease injurious to other trees is hereby declared to be a nuisance. The City Administrator or designee shall inspect or cause to be inspected any trees or shrubs in the City reported or suspected to be dead, diseased or damaged, and such trees and shrubs shall be subject to the following:

1.   City Property. If it is determined that any such condition exists on any public property, including the strip between the curb and the lot line of private property, the City Administrator or designee may cause such condition to be corrected by treatment or removal. The City Administrator or designee may also order the removal of any trees on the streets of the City which interfere with the making of improvements or with travel thereon.

2.   Private Property. If it is determined with reasonable certainty that any such condition exists on private property and that danger to other trees or to adjoining property or passing motorists or pedestrians is imminent, the Clerk shall notify by certified mail the owner, occupant or person in charge of such property to correct such condition by treatment or removal within fourteen (14) days of said notification. If such owner, occupant or person in charge of said property fails to comply within fourteen (14) days of receipt of notice, the City Administrator or designee may cause the condition to be corrected and the cost assessed against the property.

151.08 INTERFERENCE WITH CLERK.

No person shall hinder, prevent, delay or interfere with the City Administrator or designee or any of the City Administrator or designee's assistants while they are engaged in carrying out the execution or enforcement of this chapter; provided, however, that nothing herein shall be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the protection of property rights by the owner of any property within the City.

151.09 ARBORICULTURAL SPECIFICATIONS AND STANDARDS OF PRACTICE.

The following Arboricultural Specifications and Standards of Practice are hereby adopted by the City:

1.   Planting. All trees planted on the streets shall be of sufficient size to warrant satisfactory results and stand the abuse common to street trees. Unless otherwise allowed for substantial reasons, all standard sized trees shall have comparatively straight trunks, well developed leaders, top and root characteristics of the species or variety showing evidence of proper nursery pruning. All trees must be free of insects, disease, mechanical injuries and other objectionable features at the time of planting. To compensate for any serious loss of roots, the top of the tree should be reduced by thinning or cutting back as determined by the growth characteristics of the tree species. The leader shall not be cut off in such trimming. Trees cannot be planted on the parking if it is less than four feet in width for columnar trees, five to eight feet for others, or contains less than twenty-five square feet of exposed soil surface. Trees should not be planted to obstruct or shade the street lights, vision of traffic signs or the view of street intersection. If it is at all possible, trees should be planted inside the property lines and not between the sidewalk and curb. In all newly platted additions, trees are to be placed inside the property lines rather than on the parking. Trees may be guyed or supported in an upright position according to accepted arboricultural practices. The guys or supports shall be fastened in such a way that they will not girdle or cause serious injury to the trees or endanger public safety.

2.   Pruning. Trees can be pruned anytime of the year, except during initial bud break. Utilize the three step method of pruning to protect the branch collar and to promote natural sealing. Do not use pruning paints or sealers. No topping or dehorning of public trees shall be permitted.

3.   Cotton-bearing Trees. Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees are prohibited.

151.10 DECISION-APPEAL.

Any decision of the City Administrator or designee under this Chapter may be appealed to the Tree Division within five (5) business days of the decision.