913.04 PERMITS REQUIRED.
   (a)    Planting, Maintenance or Removal.  
      (1)    No person shall plant, spray, fertilize, preserve, prune, remove, cut above ground or otherwise disturb any tree on any street or City owned property without first filing an application and procuring a permit from a specified Municipal authority. The person receiving the permit shall abide by the Arboricultural Specifications and Standards of Practice adopted by the Shade Tree Commission.
      (2)    Application for permits must be made at the office of the Mayor’s secretary.
      (3)    The Shade Tree Commission shall issue the permit for planting trees in the curb lawn, and maintaining trees as contemplated in Section (c) below.
      (4)    The Director of Public Service shall have sole discretion to permit the removal of curb lawn trees.
      (5)    The Director of Public Service, or his agent, shall remove, in whole or in part, dangerous and/or dead curb lawn trees.
   (b)    Planting.
      (1)    Application Data. The application required herein shall state the number of trees to be set out; the location, grade, species, cultivar or variety of each tree; the method of planting; and such other information as the Commission shall find reasonably necessary to a fair determination of whether a permit should be issued.
      (2)    Improper Planting. Whenever any tree is planted or set out in conflict with the provisions of this Section, it shall be lawful for the Commission to remove or cause removal of the same, and the exact cost thereof shall be assessed to the owner as provided by law in the case of special assessments.
   (c)   Maintenance. The application required herein shall state the number and kinds of trees to be sprayed, fertilized, pruned, or otherwise preserved; the kind of treatment to be administered; the composition of the spray material to be applied; and such other information as the Commission finds reasonably necessary for a fair determination of whether a permit should be issued.
   (d)    Removal, Replanting and Replacement.  
      (1)    Wherever it is necessary to remove a tree or trees from a lawn strip in connection with the paving of a sidewalk, or the paving or widening of the portion of a street or highway used for vehicular traffic the Director of Public Service shall have the authority to remove said tree or trees. Any property owner wanting to replace trees must contact the Shade Tree Commission.
      (2)    No person or property owner shall remove a tree from the lawn strip for the purpose of construction without the approval of the Director of Public Service. The person or property owner shall bear the cost of removal and replacement of all trees removed.
         (Ord. 040601-37. Passed 6-1-04.)