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6-2-8: STREET TREES; PRIVATE PROPERTY OWNERS:
   A.   Care And Maintenance: Any owner of private property, abutting city parking strips shall assume the following responsibilities:
      1.   Periodic watering and fertilization of street trees when necessary to maintain good health and vigor.
      2.   Protection of street trees against mechanical damage due to lawn mowers, weed trimmers and lawn edgers. The private property owner abutting parking strips shall have the right to plant and care for street trees in accordance with section 6-2-6 of this chapter.
      3.   Pruning and maintaining street trees and other vegetation within the right of way so as not to permit or allow the continuation of a public nuisance as defined by section 6-2-10 of this chapter and after obtaining a permit as required by section 6-2-9 of this chapter.
      4.   Providing notice to the city engineer of the displacement of sidewalk, or curb and gutter either horizontally or vertically to a point that one section, or any part of a section, is separated by at least one-half inch (1/2") from the other and that results from or is associated with the growth of a street tree or a tree on the owner's property.
   B.   Financial Responsibility:
      1.   In cases where an owner of private real property abutting city property requests a permit to take actions on street trees, said abutting property owner shall assume financial responsibility for work to accomplish the following:
         a.   Removal of trees, limbs or roots preventing house moving or other construction or demolition activities, or interfering with sewer laterals.
         b.   Removal of trees, limbs or roots for the alteration of tree or abutting property appearance where no public nuisance exists.
         c.   Spraying, fertilizing or treatment other than what may be regularly conducted on citywide basis by the public ways and parks division.
      2.   Financial responsibility does not eliminate the legal requirement to obtain necessary permits, including those required under this chapter or the city's excavation ordinance, or avoid adherence to the arboricultural regulations of the city.
(Ord. 2016-13, 3-1-2016)