The Tree Advisory Board shall develop a list of recommended tree species and also a list of those tree species not recommended. They shall also develop educational material to inform the public on the proper care of trees and recommended practices.
(A) Public tree planting. Any person(s) or organization or group may plant a tree within the Public right-of-way immediately adjacent to their property provided the following conditions are met:
(1) The tree to be planted is not an undesirable tree species.
(2) Undesirable traits for public planting include:
(a) Disease or insect problems;
(b) Dirty, dropping branches;
(c) Objectionable fruit or bark;
(d) Weak-wooded apt to lose large branches in wind or with age;
(e) Short lived;
(f) Unpredictable or irregular habits;
(g) Root problems (shallow or destructive roots); and
(h) Unsafe, thorny or poisonous trees.
(B) Tree topping. It shall be unlawful as a normal practice for any person, firm or city department to top any public tree. "Topping" is defined as the severe cutting back of limbs to stubs larger than three inches in diameter within the tree's crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruning practices are impractical may be exempted from this subchapter at the determination of the Public Works Department. Alternative methods for pruning or removal will be considered where applicable. If replacement of large disfigured trees with small trees is possible, the practice is highly encouraged.
(C) Tree maintenance.
(1) It shall be unlawful for the owner or occupant of any building or lot to permit any tree, including public trees, to grow in a manner which interferes with normal sidewalk traffic located on such lot or on public right-of-way adjoining such lot or street traffic, or to grow so as to pose a threat to safety or public rights-of-way due to obstruction of view, obstruction of passage or any other manner. The codes enforcement office shall notify property owners of any problem areas or concerns in order for correction of the problem.
(2) The owner of the property upon which public trees are planted shall be responsible for all care and maintenance of said trees, which is required in order to insure that the provisions of the preceding division are carried out.
(3) Nothing in the foregoing divisions shall prohibit the city or its authorized agent(s) from making such alterations in public trees as necessary to protect its reasonable interests.
(D) Tree removal.
(1) No person shall remove, cut above the ground or disturb any public tree in the right-of-way without approval of the city. The city shall be notified in writing of the intent to make any changes to trees in the public right-of-way. The Tree Board shall determine if the action is warranted. The person shall then abide by the standards set forth in this chapter.
(a) The entire tree, including the stump is removed.
(b) The area is refilled to ground level with soil, so as to prevent the creation of a hole.
(c) The area is re-seeded or planted in other appropriate manner.
(d) There is no damage done to any property belonging to the city or third party.
(e) The entire removal may be done without danger or inconvenience to the public.
(f) Tree replacement is encouraged where possible and appropriate.
(2) It shall specifically be the responsibility of the landowner to comply with the foregoing. Citations shall be issued to the landowner for any violation or damages resulting from improper tree removal.
(E) Tree care and removal companies. The city does not endorse or certify the expertise of tree care and removal companies. These companies must possess and maintain current contractor and occupational licenses. The companies must have all insurance in place.
(Ord. 06-45, passed 12-12-06)