(a) General Authority. The Street Tree Director is hereby given the responsibility of maintaining all trees which now or which may hereafter exist upon any public place in this City and all trees which exist upon any private property in this City when such trees are in such a condition as to affect adversely the public health, safety and welfare. Prior to pruning, preserving, or removing any such tree or plant, the Street Tree Director shall consult with an arborist or botanist, whichever be appropriate for the specific circumstance, and shall act consistent with the advice given or recommendation made by such expert.
(4-11-11)
(b) Specific Powers and Duties.
(1) Preservation and removal of trees on public property. The 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. Such 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 place.
(2) Order to preserve or remove trees on private property. The Director shall have the authority and 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.
A. Any dead, dangerous or diseased 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 article, a dead tree is any tree with respect thereto the 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 Director or his designated agent finds is in such condition and is so located as to constitute a danger to persons or property on public space in the vicinity of the tree; a diseased tree shall be any tree on private property in such condition of infection from a major pathogenic disease as to constitute, in the opinion of the Director or his designated agent, a threat to the health of any other tree.
B. Specific species as a public nuisance. Any trees, such as Silver Maple, Honey Locust, Poplar, Basswood, Box Elder, Catalpa or Willow, whose roots penetrate through or under the surface of any public place in the City is hereby declared to be a public nuisance.
C. 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 intersection.
(3) Authority of Street Tree Director to enter on private premises. The 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 article.
(4) Desirable and undesirable plant lists. The Director shall prepare lists of trees undesirable for planting in public places in the City, so as to insure 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 Director shall prepare lists of trees desirable for planting in public spaces. Other species and varieties may be added or deleted as experience proves their value. The selection of shrub species for planting in public places shall follow the recommendations of the Director.
(5) Tree surveys. Such Director shall have the authority and duty to conduct tree surveys and keep updated the Master Street Tree Plan for all trees in or upon all public streets, avenues, highways, parks and other public places which, in his opinion, shall effectuate the provisions of this article.
(6) Issuance of permits. The Director is given full authority and control in connection with the issuance of permits hereinafter provided for.
(7) Issuance of conditional permits. The Director shall have the authority to affix reasonable conditions to the grant of a permit issued in accordance with Section 905.05.
(8) Delegation of duties and authority. In the exercise of all or any of the powers herein granted, the 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 assistants in the employ of the City as he may from time to time determine. Such subordinates or assistants may be appointed by the Director as he deems expedient. He may, at any time, remove them from office.
(9) Supervision. The Director or his appointed officer shall have the authority and duty to supervise all work done under a permit issued in accordance with the terms of this article.
(11-10-80)