905.08   PUBLIC TREE DAMAGE.
   (a)   No person shall plant, prune, cut, climb, place, or use spikes, nails, wires or any other metal, wooden, plastic or similar materials to injure any street tree or City tree or authorize or procure any persons to do so.
   (b)   No person shall remove or tamper with any device placed for the protection of a street tree or City tree without having first obtained a public tree care permit from the Board, or its designee.
   (c)   No person shall place or maintain any stone, concrete, brick or other impervious material or substance upon the ground around any street tree or City tree in such a manner as to obstruct the free access of air and water to the roots of the tree without first obtaining written permission from the Board, or its designee. Street trees or City trees surrounded by tree grates in sidewalks are excepted.
   (d)   No person shall alter the soil grade (i.e. add soil, mulch, etc) surrounding a street tree or City tree without first obtaining written permission from the Board or its designee.
   (e)   No person, firm or corporation shall intentionally damage a street tree or City tree nor shall any person plant a tree in violation of this chapter.
   (f)   In the event any person, firm, or corporation shall violate this section, the Board shall cause such trees or shrubs to be repaired, removed or replaced. Such repairs, removal or replacement of items shall be at the offender's expense and the costs may be assessed against the lot or land of the offender to a maximum of one hundred dollars ($100.00) per violation.
   (g)   After an accurate record of the expense of such repairs or removal is made by the City Arborist, notice of such assessment shall be given to the owner of the lot or land charged therewith, or his agent, either in person or left at the usual place of residence or sent by mail, and all assessments not paid within 60 days after the giving of such notice shall, after approval by Council, be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected over a five year period.
(Ord. A-2636.  Passed 2-8-10.)