§ 99.10  PLANTING, MAINTENANCE AND REMOVAL.
   (A)   Permit requirements.
      (1)   Permit required.  No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground or otherwise disturb any tree on any street or city-owned property without first filing an application and procuring a permit from the Tree Conservator. The person receiving the permit shall abide by the standards established by the city.
      (2)   Application for permit. Application for permit must be made at the city office not less than 15 days in advance of the time the work is to be performed.
      (3)   Application data. The application required herein shall state the number and kind of trees to be trimmed, sprayed, preserved or removed; the kind of treatment to be administered; the kind and condition of nearest trees upon the adjoining properties, and such other information as the Tree Conservator, or his or her agent, shall find reasonably necessary.
      (4)   Standards of issuance. The Tree Conservator shall issue the permit provided for herein, if, in his or her judgement, the proposed work is desirable and the proposed method and workmanship thereof are of satisfactory nature. Any permit granted shall contain a definite date of expiration. The work shall be completed in the time allowed on the permit and in the manner as therein described. Any permit shall be void if its terms are violated.
      (5)   Notice of completion. Notice of completion shall be given within five days to the Tree Conservator, or his or her agent, for inspection.
   (B)   Planting.
      (1)   Application data. The application required herein shall state the number of trees to be set out, the location, grade, species, cultivar or variety of each tree, and such other information as the Tree Conservator, or his or her agent, shall find reasonably necessary to a fair determination of whether a permit should be issued.
      (2)   Improper planting. Whenever any tree shall be planted or set out in conflict with the provisions of this chapter, it shall be lawful for the Tree Conservator, or his or her agent, to remove or cause removal of the same, and the cost thereof assessed to the owner.
   (C)   Maintenance.  The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned or otherwise preserved, the kind of treatment to be administered, the composition of the spray material to be applied, and such other information as the Tree Conservator shall find reasonably necessary to a fair determination of whether a permit should be issued.
   (D)   Removal, replanting and replacement.
      (1)   Replacement by city.  Whenever it is necessary to remove a tree or trees from a parkway in connection with the re-pavement of an existing sidewalk or the paving or widening of the portion of a street or highway used for vehicular traffic, the municipality shall replace same.
      (2)   Replacement by owner or contractor.  No contractor or property owner shall remove a tree from the parkway for the purpose of construction, or for any other reason, without first filing an application and procuring a permit from the Tree Conservator, or his or her delegate, and without replacing the removed tree or trees in accordance with adopted city specifications. Such replacement shall meet the standards of size, species and placement as provided for in the permit issued by the Tree Conservator or his or her delegate. The contractor or property owner shall bear all costs of removal and replacement.
      (3)   Community notification.  Whenever it is necessary for the city to remove a tree, painting an “X” on the tree to be removed shall provide sufficient notice that this tree will be cut down. This marking on the tree to be removed shall be painted upon the tree no later than three days before the scheduled removal.
   (E)   Tree location.  Any completed application to do work on a city tree shall identify the location of the tree in accordance with the standards established by the City Tree Board and the Tree Conservator.
(Ord. 1426, passed 11-16-10; Am. Ord. 1558, passed 1-19-16)