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Every owner of any tree overhanging any street or right-of-way within the City shall prune the branches of such tree so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light or interferes with the visibility of any traffic control device or sign.
(Ord. 2016-016. Passed 2-1-16.)
The City shall have the right to cause the removal of any dead or diseased tree on private property within the City when such tree constitutes a hazard to life and property or harbors insects or disease which constitutes a potential threat to other trees within the City. The Shade Tree Commission will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within thirty (30) days after the date of service of notice. In the event of failure of any owner to comply with such notice, the City shall have the authority to remove such trees and charge the cost of such removal on the owner’s property tax notice.
(Ord. 2016-143. Passed 10-3-16.)
(a) Notwithstanding any other provision of this chapter, any public service corporation serving the City or its inhabitants, which desires, in connection with its business, to cut, trim, prune, fasten attachments to or otherwise use or make any changes in trees on the public grounds of the City shall, before proceeding to do so, endeavor to obtain the written consent of all abutting property owners. To the extent that such consents are obtained, the consent of the City to the proposed alterations shall not be required. If, after diligent effort by such corporation, the owner of an abutting property cannot be found in the City, and if, in any case, the consent of the property owner to the proposed alterations is withheld, then application for consent to the proposed alterations shall, before proceeding with the same, be made to the City, which shall make a final determination as to whether or not, to what extent and in what manner the alterations desired may be made. If the owner of any abutting property is not found within the City, but an agent for the owner in charge of the property is found within the City, application must be made by the corporation to such agent for the consent required by this section, and the consent of the agent shall be equivalent to the consent of the owner. All acts authorized in this chapter shall be performed by competent persons with due care so as to do as little damage to trees and other property of the City and abutting owners as is reasonably possible, and all such work in front of each abutting property shall be completed and all debris caused thereby shall be removed within forty-eight hours of the time of commencement of the work. All such work shall be at the expense of the corporation desiring the work done, and any damage to the street or abutting property and any damage to trees due to unskillful work shall be paid for by the corporation to the City or other person entitled thereto.
(b) Contractors performing work within the City's Right of Way (ROW) are required to submit a set of plans to the City's Building Department or Planning Commission, that include the plan for refurbishment of City's Tree Lawn, including landscaping. The plans will require contractors to replant any tree(s) that were removed for as part of their work in accordance with the City's Shade Tree Management Plan and in conjunction with the City's Arborist
(Ord. 2016-016. Passed 2-1-16.)
No person shall engage in the business or occupation of pruning, treating or removing street or park trees within the City without first obtaining a license therefor. The license fee shall be twenty-five dollars ($25.00) per year, payable in advance. However, no license shall be required of any public service company or City employee doing such work in the pursuit of its, his or her public service endeavors. Before any license shall be issued, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of one hundred thousand dollars ($100,000) for bodily injury and three hundred thousand dollars ($300,000) for property damage, indemnifying the City or any person injured or damaged as a result of the pursuit of such endeavors as herein described.
(Ord. 2016-016. Passed 2-1-16.)
(a) Upon the issuance of a building permit for construction of a building or structure, or for the alteration of or addition to a present building or site, which would cost in excess of thirty thousand dollars ($30,000), on any lot in any zoning classification in the City, the owner or builder of such building or structure shall pay to the City the sum of three dollars ($4.50) per foot of frontage at the right-of-way. This measurement shall include the side yard frontage on corner lots. This sum shall be deposited with the Director of Finance. Such fee shall be waived if the existing building or structure was destroyed by fire or act of God, and the owner at the time of the hardship is rebuilding.
(b) Monies collected pursuant to subsection (a) hereof, which shall be known as the Tree Fund, shall be used for the purpose of planting approved trees in the tree lawns as described and outlined in The Shade Tree Management Plan.
(c) All moneys accumulated pursuant to this section shall be maintained by the Director of Finance.
(Ord. 2016-016. Passed 2-1-16.)
No person shall interfere with the City or any of its employees or agents while such Commission or any such employee or agent is engaged in planting, cultivating, mulching, pruning, spraying or removing of any street tree, park tree or tree on private grounds, as authorized in this chapter, or in removing any stone, cement or any other substance from about the trunk of a tree.
(Ord. 2016-016. Passed 2-1-16.)
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