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CHAPTER 20: TREES; SHRUBS
20-1. Duties of parks and facilities superintendent
20-2. Prohibited acts; exception
20-3. Unlawful to interfere with superintendent
20-4. Protection during certain construction work
20-5. Removal of trees
20-6. Notice of removal
20-7. Appeal of notice
20-8. Hearing officer
20-9. Scheduling hearings; notice
20-10. Conduct of hearings
The parks and facilities superintendent or designee (“superintendent”) shall have the following duties:
(A) Monitor, regulate and encourage the preservation, culture, and planting of trees, plants and shrubbery on public property;
(B) Prune, spray, cultivate and maintain trees, plants and shrubbery located on public property;
(C) Trim and direct the time and method of trimming trees, plants and shrubbery on public property; and
(D) Control and exterminate insects, pests and plant diseases that may be injurious to trees, plants and shrubbery on public property.
(`64 Code, Sec. 32-1) (Ord. No. 2454)
(A) No person shall trim, remove, plant, injure or destroy any tree, plant or shrub on public property.
(B) Notwithstanding subsection (A) above, a person may trim, remove, or plant a tree, plant or shrub on public property with the prior written consent of the superintendent.
(`64 Code, Sec. 32-2) (Ord. No. 2454)
No person shall hinder, prevent or interfere with the superintendent while the superintendent is lawfully engaged in carrying out the provisions of this chapter.
(`64 Code, Sec. 32-3) (Ord. No. 2454)
No person in charge of any construction work involving any building or structure shall leave any tree on public property in the vicinity of such construction work without sufficient protection to prevent injury to the tree arising out of the construction work.
(`64 Code, Sec. 32-4) (Ord. No. 2454)
The superintendent may remove any tree or any part thereof that appears to be dead, liable to fall, dangerous or obstructing the public right-of-way, if the tree is on public property or if the tree is on private property and overhangs or projects into any public right-of-way.
(`64 Code, Sec. 32-5) (Ord. No. 2454)
Except in the case of imminent public danger and immediate necessity, the superintendent shall not wholly cut down or remove a tree unless ten days' written notice is provided to the owner, tenant, or occupant or the agent of the owner, tenant or occupant of the property upon which the tree is located.
(`64 Code, Sec. 32-6) (Ord. No. 2454)
Any person having an objection to a notice provided pursuant to section 20-6 shall file with the city clerk a written request for an appeal before a hearing officer within ten days of receiving the notice.
(`64 Code, Sec. 32-7) (Ord. No. 2454)
The city manager shall act as hearing officer.
(`64 Code, Sec. 32-8) (Ord. No. 2454)
(A) After receipt of a request for hearing, accompanied by the hearing fee, the city clerk shall send the request to the hearing officer.
(B) The hearing fee shall be established by resolution of the city council. The hearing officer shall promptly schedule the matter for hearing. At least ten days before the hearing, the hearing officer shall mail written notice of the date, time and location of hearing to the person requesting the hearing and to the superintendent.
(`64 Code, Sec. 32-9) (Ord. No. 2454)
(A) All hearings shall be open to the public.
(B) The person requesting the hearing shall first present evidence to justify the tree not being removed. Thereafter, the superintendent may present evidence. The burden of proof to justify having the tree remain is on the person requesting the hearing.
(C) The hearing officer shall conduct the hearing in an informal fashion and shall not be bound by the technical rules of evidence.
(`64 Code, Sec. 32-10) (Ord. No. 2454)
Within 14 days of the conclusion of the hearing, the hearing officer shall issue and mail to the person requesting the hearing and to the superintendent a written decision containing a statement of the reasons on which the decision is based. The decision of the hearing officer shall be final.
(`64 Code, Sec. 32-11) (Ord. No. 2454)