(A) (1) It shall be the duty of the Public Works Director, with the assistance from the Public Works Department to plant, trim and prune all trees within the city right-of-way and to remove all objectionable or unsafe tree(s). Prior to removal of any tree(s) within the right-of-way, the Public Works Director will:
(a) Post a notice on the tree for ten calendar days which states: "This tree is scheduled for removal. Concerned citizens may file an appeal with the Public Works Director until 5 p.m. on (state date)." The appeal shall include the name and contact number of the person filing the appeal and the reason for the appeal.
(b) Notice shall also be mailed to owners of property immediately adjacent to the tree proposed for removal and to all such persons or entities requesting such notice. Notice of proposed tree removal shall also be posted at City Hall.
(c) If a timely appeal is not submitted, the tree may be scheduled for removal.
(d) If an appeal is filed, the Public Works Director shall consult with a licensed arborist as to whether the roots can be cut without killing the tree or causing a hazard to falling or in the case of disease or structural problems whether the tree can be treated for the disease or trimmed in such a way as to remove the structural problems. The Public Works Director shall consider the licensed arborist's recommendation before ruling on the appeal.
(e) The Public Works Director shall make a written determination regarding any appeal, and a copy thereof shall be mailed to the appellant. The appellant may appeal the Public Works Director's determination to the City Council by submitting a written statement of appeal within ten calendar days of the Public Works Director's determination. The decision of the City Council shall be final.
(2) The above notice requirements will not apply if the Public Works Director determines that the subject tree constitutes an immediate threat to public safety.
(B) The Public Works Director shall have the power to designate the kind or variety of trees to be planted in conformity with the master tree plan. The owners of property fronting on any street, alley or public place may petition the Parks and Recreation Commission that the trees shall be a certain kind or variety, and the decision of the Commission shall be merely advisory to the action of the City Council which shall make the final decision.
(`61 Code, § 23A.6) (Ord. 419, passed 2-5-1963; Am. Ord. 998, passed 5-19-09)