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(A) Scope of requirement. No person except the Forester, an agent of the Forester, or a contractor hired by the Forester may perform any of the following acts without first obtaining from the Forester a permit for which no fee shall be charged, and nothing in this section shall be construed to exempt any person from the requirements of obtaining any additional permits as are required by law:
(1) Plant on city-owned property, or treat, prune, remove or otherwise disturb any tree, shrub or other plant located on city-owned property, except that this provision shall not be construed to prohibit owners of property adjacent to city-owned property from watering or fertilizing without a permit any tree, shrub or other plant located on city-owned property;
(2) Trim, top, prune or remove any tree or portions thereof if the tree or portions thereof reasonably may be expected to fall on city-owned property and thereby to cause damage to person or property;
(3) Place on city-owned property, either above or below ground level, a container for trees, shrubs or other plants;
(4) Damage, top, cut, tap, carve or transplant any tree, shrub or other plant located on city-owned property;
(5) Attach any rope, wire, nail, sign, poster or any other manmade object to any tree, shrub or other plant located on city-owned property; and
(6) Dig a tunnel or trench on city-owned property.
(B) Issuance. Within seven days of receipt of the application, the Forester shall issue a permit to perform within 30 days of the day of issuance any of the acts specified in divisions (A)(1) and (A)(2) above for which a permit is requested whenever;
(1) The acts would result in the abatement of a public nuisance;
(2) The acts are not inconsistent with the development and implementation of any regulations or standards of the Arboricultural Specifications and Regulations Manual; and whenever;
(3) An application has been signed by the applicant or the applicant’s agent or representative and submitted to the Forester detailing the location, number, size and species of trees, shrubs or other plants that will be affected by the acts, setting forth the purpose of the acts and the methods to use, and presenting any additional information that the Forester may find reasonably necessary;
(4) The applicant agrees to perform the work for which the permit is sought in accordance with the provisions of this subchapter and with the regulations and standard set forth in the Arboricultural Specifications and Regulations Manual;
(5) The applicant certifies that he or she has read and understands those provisions of this subchapter and of the Arboricultural Specifications and Regulations Manual which are pertinent to the work for which the permit is sought; and
(6) If the work for which a permit is issued entails the falling of any tree or part thereof, located on private property, which, as a result of the falling reasonably, may be expected to fall upon city-owned property, and if the falling is done by one other than the owner of the property of which the falling is done, then the applicant shall agree to indemnify and to hold the city harmless for all damages resulting from work conducted pursuant to the permit and shall deposit with the City Clerk reliability insurance policy in the amount of $100,000 per person/$300,000 per accident for bodily injury liability and $50,000 aggregate for property damage liability, which policy shall name the city as an additional insured.
(1980 Code, § 14.415) Penalty, see § 91.999