(A)   If a property owner wishes to prune, remove or replace a tree, shrub or other vegetation within a public rights-of-way adjacent to their property, the property owner shall obtain permission from the City Arborist in consultation with the Community Services Department, and complete the work at his or her own cost, subject to the standards contained within this chapter.
   (B)   Where it is determined that the complete removal and replacement of a tree is required, the cost of removal and replacement shall be paid by the City. If the adjacent property owner does not wish to have the tree replaced, the cost of removal shall be paid by the adjacent property owner.
   (C)   In the event that pruning (and not complete removal of a tree, shrub or other vegetation) is required, it shall be pruned pursuant to the acceptable standards required herein and under the same requirements as set forth in § 94.06.
   (D)   The City Arborist shall maintain a priority list for tree maintenance, removal and replacement of trees located on property owned by the City, or in public rights-of-way.
   (E)   It shall be the duty of the adjacent property owner abutting any City sidewalk to properly maintain the growth and length of grass, or other ground cover, including the seeding, re-seeding, mowing and eradication of weeds and for the raking, sweeping and removal of leaves, grass clippings and/or any other yard waste, within the tree wells and tree lawns located therein or adjacent thereto. Leaves, grass clippings and other yard waste shall be properly disposed of through the City's normal waste collection procedure or any other disposal program as may be implemented by the City.
   (F)   The City shall be responsible to prune trees, shrubs or other vegetation as to provide for the unobstructed passage of vehicular or pedestrian traffic upon the public rights-of-way and repair. However, the repair and/or replacement of sidewalk panels which become damaged by trees, shrubs or other vegetation shall be the responsibility of the adjacent property owner.
   (G)   No landscape features, including, but not limited to, fencing, large rocks, metal stakes, chains or plants with tall or wide growth habits (over 12 inches), that may present a trip hazard, obscure vehicular or pedestrian sight lines or interfere with the lawful parking, including ingress and egress from vehicles shall be permitted within the tree lawn by anyone other than the City without prior approval. Existing features will be evaluated on a case by case basis for identified hazards related to access and safety.
   (H)   If removed by the property owner, all stumps of trees, shrubs or other vegetation shall be removed below the surface of the ground by at least 4 inches so that the top of their stump shall not project above the surface of the ground, or if replanting 12 to 18 inches.
(Ord. O-2019-011, passed 7-22-2019)