(A) Care of street trees. The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the lines of all streets, alley, avenues, lanes, squares, drives, circles, and public property as may be necessary to insure the public safety or to preserve or enhance the symmetry and beauty of the public property. No other planting may be done without the approval of the Public Works Director.
(B) Removal of trees endangering utilities or other improvements.
(1) The Public Works Department may remove or 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 sewers, electric power lines, gas lines, water lines, or other public improvement, or is affected with any injurious fungus, insect, or other pest.
(2) Every tree overhanging any street or right-of-way within the city shall be pruned so that the branches shall not obstruct the light from a street lamp or obstruct the view of any street intersection, and so that there shall be a clear space of at least ten feet above the street or sidewalk. Dead, diseased, or dangerous trees or broken or decayed limbs which endanger the safety of public shall be removed.
(C) Trees on private property.
(1) The City Council shall have the authority to order the trimming, and removal of trees, shrubs or plants upon private property when this action is necessary to ensure public safety or to prevent the spread of disease or insects to trees, shrubs, or plants located in public property. Any tree or shrub situated upon private property, but so situated as to extend its branches over the improved portion of the public street or highway easement, shall be so trimmed by the owner of the real property upon which the same is located, so that there is a clear height of at least ten feet over the portion of such easement used for pedestrian travel, and such persons shall remove the dead or diseased branches or stubs of trees which are or may become hazardous to the public use of such easement. Any trees obstructing traffic control signs or devices from the view of pedestrian or motorist shall be pruned to a height established by the city to insure proper safety for motorist or pedestrians.
(2) All orders to trim, remove, or treat trees, shrubs, or plants given pursuant to this section, shall be in writing and shall be served in person or by first class mail upon the owner of the property where the trees, shrubs, or plants are located. These orders shall afford the owner of the property not less than 14 days from the date of the mailing to comply with the order in the time specified.
(3) If the required action is not taken by the property owner within the specified time, the city may cause the trees, shrubs, or plants concerned to be trimmed, removed, or treated, with the costs being borne by the property owner. If not voluntarily paid to the city by such owner, the costs of the trimming, removal, or treatment may be recovered by the city by special assessment upon the property owner.
(Ord. 344, passed 2-11-13)