(a) Generally. Trees, plants, shrubbery or vines on public property can help provide beauty and shade, lessen surrounding noise, prevent erosion, remove dust, ash, pollen and smoke from the air, give oxygen to the air, and absorb carbon dioxide produced from the combustion of various fuels. Trees, plants, shrubbery or vines planted or growing upon public ways, streets or alleys can create potential safety, health and welfare hazards for the public, so they must be properly managed. The responsibility for care of the trees, plants, shrubbery or vines on public property is the duty of the Director of Public Service.
(b) Harming a Tree or Plant. No person shall plant, remove, destroy, cut, prune, fertilize, treat, break, climb, injure or spray any tree, plant, shrubbery or vine within this City, or authorize or procure a person to do so, without the permission of the property owner or on any public grounds without written permission from the Director of Public Service. No person shall remove or tamper with a device placed for the protection of a tree, or attach a rope, wire, chain, sign or other device to such tree or to a device placed for the protection of the tree, or authorize or cause the same to be done, without the permission of the property owner or on any public grounds without written permission from the Director.
(Ord. 77-2005. Passed 11-28-05.)
(a) Public Property. Trees, plants, shrubbery or vines growing within the right-of-way, curb strip, or on any other City-owned or controlled property are under the control and jurisdiction of the City. The City may plant, trim, prune, maintain or remove trees, plants, shrubbery or vines within the bounds of all roads, streets, alleys, avenues, rights-of-way, or any other public property, as necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public property.
(1) The Director of Public Service shall keep trees, plants, shrubbery or vines standing upon public ways, streets or alleys within the City trimmed or pruned so that any branches of the tree, plant, shrubbery or vine projecting over any public sidewalk, private driveway, or into any public street beyond the curb line, shall not conflict with the public safety or welfare.
(2) The Director of Public Service may remove, cause or order to be removed, any tree or part thereof which is in an unsafe condition, or which, by reason of its nature, is injurious to electric power lines, sewers, gas lines, water lines or other public improvements, or which is infected with any injurious fungus, insect or other pest. All tree stumps shall be removed below the surface of the ground to facilitate landscaping.
(b) Planting. Before a permit is issued for planting on any public grounds, the Director of Public Service shall have the authority to deny a permit to any person who proposes to plant a tree, plant, shrubbery or vine of a size, type or species found to be undesirable; or found to be undesirable for the location proposed; or the Director may deny a permit to any person who proposes to plant a tree or shrub at a location found to be unsuitable for planting of trees, plants, shrubbery or vines. No person shall plant trees, plants, shrubbery or vines too close to intersections, curbs, sidewalks, and fire hydrants. No person shall plant trees, plants, shrubbery or vines over underground water, sanitary or storm sewer lines, nor plant trees, plants, shrubbery or vines under utility wires, without the written approval of the Director.
(c) Trimming by Public Utility. A public utility company shall first request permission from the City's Director of Public Service to trim trees, plants, shrubbery or vines growing within the right-of-way, curb strip, street or on any other City property. When permission is given to the public utility company to trim or remove trees, plants, shrubbery or vines or perform other operations affecting such trees, plants, shrubbery or vines, the work shall be limited to that which is necessary for maintaining the service of the public utility company. Such work shall be done, in a neat and professional manner according to specifications outlined by the Director. A public utility, or a person, firm or corporation working for or on behalf of a public utility, shall not be charged for the permit or permission to trim trees, plants, shrubbery or vines growing within the public right-of-way areas that pose a potential danger to the public utility's service or property.
(d) Permit Required. No person, firm or corporation shall plant, trim, remove or work on a tree, plant, shrubbery or vine standing upon any public right-of-way or any other public property without first obtaining a permit from the Director of Public Service. The Director shall set a reasonable fee for such permit.
(Ord. 77-2005. Passed 11-28-05.)
(a) Private Property. Care and treatment of a tree, plant, shrubbery or vine on private property is the responsibility of the property owner. A permit from the City is not necessary to trim, prune, top or remove trees, plants, shrubbery or vines on private property. The property owner may contract or hire out such work to another person, firm or corporation.
(b) Nuisance. A tree, plant, shrubbery or vine located on private property, or where any part thereof overhangs and interferes with the use of any street, sidewalk, or other public place, or obstructs a clear and unobstructed view of traffic or traffic control devices from all directions so as to endanger the life, health, safety or property of the public using such public place, is hereby declared a public nuisance. The owner of a lot or land upon which a tree, plant, shrubbery or vine stands with any part upon or overhanging a public way shall comply with the following:
(1) The owner shall remove or trim the tree, plant, shrubbery or vine so that a clear height of eight feet between the lowest branches and a sidewalk or sidewalk area is maintained.
(2) There shall be a clear space of 12 feet above that portion of a street or right-of-way subject to vehicular traffic.
(3) The owner shall remove or trim any tree, plant, shrubbery or vine that interferes with the proper spread of light along the street from a street light or interferes with visibility of any traffic control device or sign.
(4) The owner shall remove or trim, as the case may require, every dead, decayed or broken tree, plant, shrubbery or vine or part thereof, so it shall not fall to the street, sidewalk, public right-of-way or other public grounds.
(c) Removal Notice. The City shall have the right to trim or remove any tree, plant, shrubbery or vine on private property when it interferes with the proper spread of light along the street from a street light, or when it is a potential safety hazard, or when it interferes with the visibility of any traffic control device or sign.
(1) The owner of private property shall remove any tree, plant, shrubbery or vine, or part thereof, dead or otherwise in bad condition, which overhangs or poses a potential safety hazard to persons, adjacent property or public thoroughfares.
(2) The Director of Public Service is hereby authorized to immediately serve upon the owner of such property a written notice that such tree, plant, shrubbery or vine is a safety hazard and must be treated or removed within ten days of the service of such notice. Such notice may be left with the owner, another person at the property location or sent to the owner by certified mail. In cases where the property owner cannot be found, or when a certified letter is returned as undeliverable by the United States Postal Service for any reason, a notice or sign shall be posted upon the affected tree, plant, shrubbery or vine. If such tree, plant, shrubbery or vine is not treated or removed within ten days after the service or posting of such notice or sign, the Director shall cause the tree, plant, shrubbery or vine to be treated or removed, at his or her reasonable discretion, and, if removed, to be disposed of in accordance with current City practices.
(d) Immediate Action. In the event that the Director of Public Service determines that a tree, plant, shrubbery or vine constitutes an immediate danger to public property, public safety, public health or the public welfare, or when it constitutes a public nuisance so as to require immediate action, the Director, upon reasonable determination, shall be empowered to cause the immediate treatment or removal of such tree, plant, shrubbery or vine and assess the costs as set forth in this chapter.
(Ord. 77-2005. Passed 11-28-05.)
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