§ 97.40  LICENSE REQUIRED.
   (A)   The Urban Forester or paid city representative shall issue such licenses as are required by this chapter and shall obtain, as a condition prior to the issuance of such license, the written agreement of each person who applies for such license that he or she will comply with the requirements of this chapter and the Arboricultural Specifications Manual. The Urban Forester shall have the right to inspect all work performed pursuant to such license. If the Urban Forester or paid city representative finds the work performed is not in compliance with the requirements of this chapter and the Arboricultural Specifications Manual, the Urban Forester shall provide written notice of his or her findings to the license applicant. The notice shall contain a copy of this chapter, and
      (1)   The license shall be null and void;
      (2)   The Urban Forester may issue a written order that the license applicant cease and desist all work for which the permit was issued;
      (3)   The license applicant shall be subject to penalty under the terms of this chapter; and
      (4)   The city Urban Forester may take steps to correct the results of the non-complying work and the reasonable costs of such steps shall be charged to the license applicant.
      (5)   The Urban Forester shall be granted under this chapter the authority to administer citations for infractions of this chapter. All citations will be copied to the Noblesville Board of Public Works and Safety.
   (B)   No person shall plant, treat, prune, remove, or spray a street free or hire a certified arborist to care for a street tree unless the Urban Forester or paid city representative has first granted the proper license. Said license may be issued to a certified arborist.
   (C)   Every license issued by the City of Noblesville Street Department shall specifically describe the work to be done and be valid until December 31 of the current year.
   (D)   An annual license may be issued to any public utility for trimming trees in public rights-of-way. The license shall include trimming schedules and procedures and be reviewed annually with the city. The utility subcontractor shall meet the requirement of the Arboricultural Specifications Manual and this chapter.
   (E)   No person shall cut, remove, cover or constrict a street tree’s root system as to cause permanent damage or death to a tree.
   (F)   No person shall disturb soils for the purpose of planting, removal, or grinding a stump without securing proper license/permit from state and local authorities.
   (G)   The current contact number for underground utility locates which are required for license applications is 1-800-382-5544 (Indiana Underground Plant Protection Services).
(Ord. 17-4-98, passed 5-24-99; Am. Ord. 8-3-09, passed 4-28-09)  Penalty, see § 97.99