A. Planting Trees And Landscape Materials:
1. The requirements for tree and other landscape material on both public and private property are:
a. No trees shall be planted in the public right of way;
b. Landscape material shall be planted in such a way as to not obstruct access to a fire hydrant, utility meter or utility pole;
c. Plant materials may be planted in the easement but must be maintained to a height of three feet (3') or less and shall not restrict drainage. Any plant material which is planted within a dedicated easement will be subject to damage, pruning and removal as necessary to allow full utilization of the easement and maintenance of utilities contained therein; (2010 Code § 20-2.2)
d. Plant materials being planted to meet landscape requirements should be planted during the spring or fall months to improve chances of survival. If all other requirements are met, a certificate of occupancy will be issued for properties which are developed during the other times of the year without the landscape materials being installed; provided, however, that the plant materials must be planted within the first planting season following completion of construction. (2010 Code § 20-2.2; amd. 2012 Code)
2. On any corner lot on which a front yard and exterior side yard are required, no wall, fence, sign, other structure, vehicle or plant growth having a height in excess of three feet (3') above the elevation of the lowest point of the crown of the adjacent roadway shall be maintained in the triangle formed by measuring a distance of thirty feet (30') along both property lines from their point of intersection and connecting the points so established to form a triangle; except, however, that a single pole eighteen inches (18") or less in diameter supporting a permitted sign may be placed in the sight triangle. (2010 Code § 20-2.2)
B. Care, Maintenance And Removal:
1. The city shall have the right to prune, spray and preserve trees, plants and shrubs within the right of way of all streets and alleys, public grounds and all public easements and sight triangles as may be necessary to ensure the safety of city utilities, to protect individuals and properties, maintain visibility of traffic signals and other traffic warning or directional signage, or to preserve the symmetry and beauty of the trees, plants or shrubs. Property owners shall be notified by a door knocker twenty four (24) hours prior to work on a tree on their property, or the adjacent street right of way, when the trimming involves removing any branch greater than one and one-half inch (11/2") diameter or more than five (5) branches of less than one-half inch (1/2") diameter.
2. If development plans include preservation of existing trees or other vegetation on site during construction, the building permit plan shall specify the methods to be used to protect the trees or vegetation.
3. When, on the basis of a citizen complaint, the city determines that a tree poses a safety threat to persons in public ways or adjacent private or public property, the city may order the tree, or any portion thereof, to be removed. When the city orders removal of a tree on private property, the owner of the property shall be given ten (10) days' written notice to remove the tree. The property owner may appeal the decision to trim or remove the tree to the planning commission. If the tree has not been trimmed, removed or an appeal to stay action of the officer filed in the specified time, the city shall proceed to have the tree removed and bill the property owner with the cost of removal or trimming. A lien shall also be placed on the property to recover the cost of removal or trimming. For the purposes of this subsection, "removal" shall mean cutting the tree off at ground level.
4. Any property owner having a tree growing in the public right of way may elect to remove such tree prior to a citizen complaint. Such property owner will be given a voucher by the city to purchase a replacement tree of nursery size for each tree so removed. The replacement tree must be planted in a permitted area on the property from which the original tree was removed. (2010 Code § 20-2.3)