§ 155.469 PROTECTION.
   (A)   A permit to remove a designated heritage tree shall be required.
   (B)   If an application to remove a heritage tree is sought, the applicant shall demonstrate that the burden imposed on the property owner, or, if the tree is located within the public right-of-way under city or county jurisdiction, then the burden imposed on the respective city or county by the continued presence of the tree outweighs the public benefit provided by the tree. For the purposes of making this determination, the following impacts shall not be considered unreasonable burdens on the property owner, or if appropriate the city or county:
      (1)   View obstruction;
      (2)   Routine pruning, leaf raking and other maintenance activities; and
      (3)   Infrastructure impacts or tree hazards that can be controlled or avoided by appropriate pruning or maintenance.
   (C)   Unless the permit is to remove a dead or hazardous tree, the applicant requesting to remove the heritage tree shall be required to mitigate for the loss of the tree by planting one tree of the same species, with a minimum size of a two-inch diameter trunk at a point three feet above the root ball, for each tree removed. If the applicant asserts that the tree is dead or in hazardous condition, the applicant shall have such determination made by a licensed arborist.
   (D)   Any person who removes a heritage tree without the proper permit shall be subject to penalties as established by § 10.99 of this code of ordinances.
(Prior Code, § 16.95.020)