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§ 94.040 INJURY TO TREES BY MOVING; TRIMMING.
   (a)   No person, whether licensed or not, shall move any building or other structure in a manner as to interfere with or injure any tree in any public area, except as provided in this section. If in moving any building or structure it is necessary to trim or move any tree, all work shall be done under the supervision and control of the director and at the expense of the person moving the building or structure. Should injury or death result to any tree because of trimming or moving, the person moving the building or structure shall, upon direction of the director replace the tree at the expense of the person moving the building or structure.
   (b)   An arborist licensed by the city is required for any tree trimming that may be necessary to move a building or structure in any public area. In addition, any tree trimming above the established height of branches above a street as established in § 94.037 shall require written permission from the abutting property owner of those tree(s). The permission will be attached to the building moving application. If permission from the abutting property owner is denied, the moving route will not be approved by the city.
(1957 Rev. Ords., § 11.906; 1992 Code, § 42-49) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
§ 94.041 DUTIES OF PRIVATE OWNERS.
   Any person growing a tree within the parking strip or other public place or responsible for trees growing on property abutting on public places supporting trees or woody plants shall:
   (a)   Trim trees or woody plants so as not to cause a hazard to public places or interfere with the proper lighting of public streets by the streetlights or interfere with the visibility of any traffic sign. All trees or woody plants shall be trimmed to allow free passage of pedestrians and vehicular traffic and in a manner so as to allow ten feet clearance over sidewalks and 12 feet clearance over all streets; provided, however, that trees along arterial or collector streets shall be trimmed to allow a clearance of 16 feet; and
   (b)   Treat or remove any trees or woody plants that are so diseased or insect ridden as to constitute a hazard to public safety or other trees or plants in public places.
(1957 Rev. Ords., § 11.904; 1992 Code, § 42-50) (Ord. 46-00, passed 5-15-2000; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
§ 94.042 ASSESSMENT FOR MAINTENANCE.
   The city council may, at the time of making its annual tax levy for other purposes, levy for the purpose of maintaining, repairing, planting and otherwise improving and caring for boulevards a special front foot assessment.
(1992 Code, § 42-56) (Ord. 117-95, passed 9-5-1995; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
§ 94.043 ORDER TO REMOVE; PROCEDURE.
   When the director determines that the removal of trees or other woody plants upon private property is necessary to preserve public health and safety, protect the health of the urban forest, the director may serve a written order to correct the dangerous condition upon the owner, operator, occupant or other person responsible for its existence.
(1957 Rev. Ords., § 11.905; 1992 Code, § 42-51) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
§ 94.044 ORDER TO REMOVE; TIME FOR COMPLIANCE.
   The order to remove trees or other woody plants shall set forth a time limit for compliance, dependent upon the hazard and danger created by the violation. In cases of extreme danger to persons or public properly, the director may require compliance immediately upon service of the order.
(1957 Rev. Ords., § 11.905; 1992 Code, § 42-52) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
§ 94.045 ORDER TO REMOVE; APPEAL OR ORDER.
   A person to whom an order to remove trees or other woody plants is directed may, within three days of the service of the order, appeal to the board who shall set a day for hearing thereon and give notice thereof to the person appealing. Upon the hearing and review the board may affirm, modify or revoke the order of the director. Unless the order is revoked or modified it shall remain in full force and be obeyed by the person to whom directed. No person to whom an order is directed shall fail to comply with the order within five days after an appeal shall have been determined.
(1957 Rev. Ords., § 11.905; 1992 Code, § 42-53) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
§ 94.046 ORDER TO REMOVE; FAILURE TO COMPLY.
   When a person to whom an order to remove trees or other woody plants is directed fails to comply within the specified time, the director shall remedy the condition or contract with others for that purpose and charge the cost thereof to the person to whom the order is directed. The person remedying a condition under a contract made under this section may enter the premises for that purpose.
(1957 Rev. Ords., § 11.905; 1992 Code, § 42-54) (Ord. 11-77, passed 2-14-1977; Ord. 94-08, passed 7-21-2008; Ord. 37-12, passed 6-12-2012)
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