(A) Removal permit for trees in public right-of-way.
(1) Before cutting down or otherwise removing a tree or branch of a tree located in the publicly owned property or right-of-way abutting the owner’s property, the owner shall first obtain a free permit from the City Administrator or the City Administrator’s designee.
(2) Application for such permit shall state the location, kind and approximate size of the tree to be removed and by whom the work is to be done.
(B) Liability of owner.
(1) The property owner shall be liable for all damages to any person or property resulting from the removal of shrubs, trees or branches from the property owner’s property or the publicly owned property or right-of-way abutting the owner’s property.
(2) Without in any way limiting the liability of such owner, this liability shall specifically include damages to public sidewalks, curbing, pavement and public utility equipment.
(C) Trimming of trees. The owner or agent of the abutting property shall keep the trees on, or overhanging, the street trimmed so that all branches will be at least 15 feet above the surface of the street and eight feet above the sidewalks.
(D) Trees not trimmed. The leaving of any tree defined in division (C) above untrimmed for a period of five days, subject to commercial removal service availability, after either written or oral notice from the City Administrator or the City Administrator’s designee shall be regarded as a nuisance and will be enforced under § 10.99(B) of this code of ordinances.
(E) PARKING is defined as 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.
(F) Planting restrictions. No tree shall be planted in any street or parking unless a permit has been issued in accordance with the following.
(1) Application. An application or permit to plant a tree or trees shall be filed with the city. Said application shall show the following:
(a) Name and application of the owner of property adjacent to the area in which it is desired to plant a tree or trees;
(b) Street address of property adjacent to the area trees are to be planted if different than above; and
(c) Species and exact location of each tree for which permit is desired.
(2) Agreement. There shall be submitted with each application an agreement signed by the owner or owners agent of adjacent property whereby said owner agrees to indemnify the city against all costs or losses which may accrue now or in the future in connection with the requested planting. This agreement shall be in such form as approved by the City Attorney and shall be filed with the county recorder upon approval by the Council.
(3) Review by City Administrator. The City Administrator shall review and approve, approve with modifications or deny such application.
(4) Council appeal. The applicant may appeal the decision of the City Administrator to the Council who shall affirm or modify the decision of the City Administrator.
(G) Removal of trees.
(1) The City Administrator shall cause to be removed, on the order of the Council, any tree on the streets or property of the city which interferes with the making of improvements or with travel thereon.
(2) The City Administrator shall additionally cause to be removed any trees on the street or city property, not on private property, which have become diseased, which constitute a danger to the public or which may otherwise be declared a nuisance.
(H) Trees subject to removal. The Council, having determined by specific resolution, that the health of the trees within the city is threatened by a fatal disease, fungus or infestation, whatever is injurious to health, indecent, unreasonably offensive to the senses, and/or an obstruction to the free use of property so as essentially to interfere unreasonably with the comfortable enjoyment of life or property hereby declares the following shall be removed:
(1) Living or standing trees. Any living or standing tree or part thereof infected with the disease, fungus or infestation;
(2) Dead trees. Any dead tree or part thereof including logs, branches, stumps, firewood or other material which has not received effective treatment of the disease, fungus or infestation; and
(3) Cottonwood trees. Cotton-bearing cottonwood trees and all other cotton-bearing poplar trees are subject to removal as a general nuisance.
(I) Duty to remove. No person, firm or corporation shall permit any tree or material as defined in division (H) above to remain on the premises owned, controlled or occupied by the person, firm or corporation within the city.
(J) Inspection. The City Administrator shall inspect or cause to be inspected all premises and places within the city to determine whether any condition as defined in division (H) above exists thereon, and shall also inspect or cause to be inspected any elm trees reported or suspected to be infected with the Dutch Elm Disease or any elm bark-bearing material reported or suspected to be infected with a fatal disease, fungus or infestation.
(K) Removal from city property. If the City Administrator upon inspection or examination, in person or by some qualified person acting for the City Administrator, shall determine that any condition as defined in division (H) above exists in or upon any public street, alley, park or any public place, including the strip between the curb and the lot line of private property, within the city and that the danger of other trees within the city is imminent, the City Administrator shall immediately cause it to be removed and burned or otherwise correct the same in such manner as to destroy or prevent as fully as possible the spread of disease or the insect pests or vectors known to carry such disease fungus.
(L) Removal from private property.
(1) If the City Administrator upon inspection or examination, in person or by some qualified person acting for the City Administrator, shall determine with reasonable certainty that any condition as defined in division (H) above exists in or upon private premises and that the danger to other elm trees within the city is imminent, the City Administrator shall immediately notify by certified mail the owner, occupant or person in charge of such property, to correct such condition within 14 days of said notification. If such owner, occupant or person in charge of said property fails to comply within 14 days of receipt thereof, the Council may cause the nuisance to be removed and the costs assessed against the property as provided herein.
(2) If the City Administrator is unable to determine with reasonable certainty whether or not a tree in or upon private premises is infected with disease, fungus or infestation, the City Administrator is authorized to remove or cut specimens from said tree and obtain a diagnosis of such specimens.
(2011 Code, § 13.0207) (Ord. 2209, passed 6-4-2013; Ord. 2348, passed 1-7-2019)
Penalty, see § 10.99