(A)   Requirements. Permission from the City shall be required for any planting, maintenance, construction work or for any other activity deemed to have a potentially negative impact upon any tree, shrub or other vegetation located within any public right-of-way or upon any City owned or controlled property or easement.
   (B)   Grant of permission. The request for permission shall be made in writing, including email, to the City Arborist. The request shall be reviewed by the City Arborist and a written determination shall be issued to the applicant within 10 days of receipt either denying or granting permission for the requested work to be performed. The permitted work to be performed shall be completed in accordance with any plans, specifications or conditions issued therewith by the City Arborist or Director in keeping with the applicable standard and guidelines and the express purposes and intents set forth in this chapter.
   (C)   Rules of conduct. The Community Services Director shall issue written rules of conduct on an annual basis for work to be performed, to local utility companies and those companies regularly engaged in the business of tree maintenance.
   (D)   Revocation. The Director, within his/her discretion, may revoke any permission granted if the work is not completed in full compliance with any of the plans, specifications or conditions made a part thereof; or, if the work is being performed in an unsafe manner or in violation of any provisions of this chapter. In such event the Community Services Department may take appropriate action to remedy or restore to a safe condition any tree, shrub or other vegetation at the expense of the applicant.
   (E)   Exemptions. The requirements for obtaining permission shall exclude any activities located upon private property or within 15 feet of any public owned property.
      (1)   Any public utility serving the City with overhead services shall have the right to trim or otherwise remove trees, tree limbs, shrubs or other vegetation interfering therewith only when an emergency exists and shall coordinate such removal with the Community Services Department or the City Manager. Any other trimming or removal shall be coordinated and scheduled with the City Arborist or Community Services Department.
      (2)   Any person performing emergency utility work, as set forth below and upon the conditions set forth herein, shall be exempt from the necessity of obtaining prior permission:
         (a)   Restoring, but not increasing, the original capacity of underground transmission or distribution systems and located within the existing trench, provided that all applicable and controlling specifications and standards set forth within this chapter are followed and that the Director is notified, in advance, should excavation necessitate cutting roots in excess of 3 inches in diameter.
         (b)   Restoring overhead transmission or services or distribution systems necessitating the cutting of limbs or branches up to 4 inches in diameter as measured outside the branch collar, provided that all applicable and controlling specifications and standards set forth within this chapter are followed and the Director is notified upon completion of the work.
   (F)   Emergencies. In the event of a declared emergency, such as, but not limited to, a natural disaster, snow storm, accident or other such event; or, when a tree, shrub or other vegetation is infested, dead or dying and its presence constitutes a threat to public safety to the general public or an adjacent property; or, when a tree, shrub or other vegetation may be considered a hazard by virtue of obstructing the view of motor vehicle operation or with traffic flow or pedestrian safety, authority is so granted to the City Manager or Director to undertake all necessary work to abate the emergency situation.
(Ord. O-2019-011, passed 7-22-2019)