(a) General Authority. The Safety-Service Director is hereby given complete authority, control and supervision of all trees which now or which may hereafter exist upon any public place in this City and over all trees which exist upon any private property in this City when such trees are in such a hazardous condition as to affect adversely the public health, safety and welfare.
(b) Specific Powers and Duties.
(1) Preservation and removal of trees on public property. The Safety-Service Director shall have the right and duty to prune, preserve or remove any tree or other plant existing upon any public place when such tree, or part thereof, is so infected with any injury, fungus, insect or other plant disease or when such tree, or part thereof, constitutes an interference with travel. Said Director is further authorized to take such measures with regard to such trees or plants as he deems necessary to preserve the function and to preserve or enhance the beauty of such public places.
(2) Order to preserve or remove trees on private property. The Safety-Service Director shall have the authority and it shall be his duty to order the pruning, preservation or removal of trees or plants upon private property when such trees constitute a public nuisance or when he shall find such action necessary to preserve the public health, safety and welfare.
(3) Dead, dangerous, diseased or public nuisance trees. Any dead, dangerous, diseased or public nuisance tree insofar as it affects the public health, comfort, safety and welfare is hereby declared a public nuisance dangerous to life and limb. For the purposes of this chapter, a dead tree is any tree with respect thereto the Safety-Service Director or his designated agent has determined that no part thereof is living; a dangerous tree is any tree, or part thereof, living or dead, which the said Safety-Service Director or his designated agent shall find is in such a condition and is so located as to constitute a danger to persons or property on public space in the vicinity of the said tree; a diseased tree shall be any tree on private property in such a condition of infection from a major pathogenic disease as to constitute, in the opinion of the said Safety-Service Director or his designated agent, a threat to the health of any other tree.
(4) Obstructions as a public nuisance. Any hedge, tree, shrub or other growth situated at the intersection of two or more streets, alleys or driveways in the City is hereby declared to be a public nuisance to the extent that such hedge, tree, shrub or other growth obstructs the view of the operator of any motor vehicle with regard to other vehicles or pedestrians approaching or crossing the said intersection.
(5) Authority of Safety-Service Director to enter on private premises. The Safety-Service Director or any designated member of his staff shall have the authority to enter upon private premises at any and all reasonable times to examine any tree or shrub located upon or over such premises and to carry out the provisions of this chapter.
(6) Desirable and undesirable plant lists. The Safety-Service Director shall provide lists of trees undesirable for planting in public places in the City so as to ensure the public safety and welfare. These shall not be recommended for general planting and their use, if any, shall be restricted to special locations where, because of certain characteristics of adaptability or landscape effect, they can be used to advantage. The Safety-Service Director shall provide lists of trees desirable for planting in public spaces. Other species and varieties may be added or deleted as experience proves their value.
(7) Issuance of permits for trimming, removal and planting. The Safety- Service Director is given full authority and control in connection with the issuance of permits hereinafter provided for.
(8) Issuance of conditional permits. The Safety-Service Director shall have the authority to affix reasonable conditions to the grant of a permit issued in accordance with Section 905.07
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(9) Delegation of duties and authority. In the exercise of all or any of the powers herein granted, the Safety-Service Director shall have the authority to delegate all or part of his powers and duties with respect to supervision and control to his subordinates and/or assistants in the employ of the City, as he may from time to time determine. Such subordinates or assistants may be appointed by the Safety-Service Director as he deems expedient. He may at any time, remove them from their duties.
(10) Supervision. The Safety-Service Director or his appointed officer shall have the authority and it shall be his duty to supervise all work done under a permit issued in accordance with terms of this chapter.
(Ord. 32-94. Passed 5-16-94.)