(A) No person shall plant, remove, or destroy any tree or shrub in any street, alley, or public place without first obtaining a written permit to do so from the Superintendent of Streets and Bridges, except that no permit shall be required to remove a tree which has been condemned as a public nuisance under this chapter. The size, species, spacing, and placement of any planting in any street, alley, or public place is subject to the approval of the Superintendent of Streets and Bridges or his or her designee.
(B) No person shall plant on any property, public or private, any cottonwood or box elder tree, or permit any such tree to be seeded naturally.
(C) No person in charge of the erection, repair, alteration, or removal of any structure shall fail to guard or protect any tree in the public street or on abutting property, public or private, in such manner as to prevent injury to any such tree.
(D) The City Manager is hereby empowered, subject to approval by the Council, to make any additional rules and regulations pertaining to the planting, removal, care, maintenance, and protection of trees, shrubs, and plants as are necessary to protect public property or the health or safety of the public, and no persons shall fail to comply with any such rule or regulation.
(E) (1) The legal title owner of record of real property in the city may make a request in writing to the Superintendent of Street and Bridges that the city plant one or more trees or shrubs in that portion of the owner of record’s property that is reserved as the public right-of-way for a street, alley, or other public place. The city shall review such requests and shall, in its sole discretion, permit or deny the request.
(2) In the event the request is granted, the cost of the planting shall be borne by the owner of record. The amount charged to the owner of record shall be set by regulation by the City Manager. The owner of record may request that the city incur the initial cost of the planting and that such amount, as established by regulation, be therefor a lien assessed against the property and collected as provided in § 33.21. The city reserves the right to grant or deny such requests as the city, in its sole discretion, may deem to be in the best interest of the city.
(Prior Code, § 95.01) (Ord. D-1583, passed 2-20-1989, effective 3-2-1989) Penalty, see § 95.99