Notwithstanding the requirements of Section 1028.06, the following activities are allowed without a tree permit, unless otherwise prohibited by statute or ordinance:
(a) On occupied property for which a valid certificate of occupancy has been issued within a woodlands area, the removal or transplanting of no more than ten percent of the total number of trees on the property of less than eight inches DBH per calendar year.
(b) The removal or transplanting of a pear (pyrus), apple (malus), cherry (prunus), peach (prunus) or plum (prunus) tree.
(c) The removal of dead trees where the damage resulted from an accident or nonhuman cause.
(d) The trimming or care of trees, or other woody vegetation, provided that the work is accomplished in accordance with standardized forestry and horticultural practices as established by the American Association of Nurserymen or the National Arborist Association.
(e) Actions made necessary by an emergency such as a tornado, windstorm, flood, freeze, dangerous and infectious insect infestation, or other man-made or natural disaster, in order to prevent injury or damage to persons or property.
(f) (1) Tree removal in order to perform maintenance or repair of lawfully located roads, sewers, structures and of facilities used in the service of the public to provide transportation, electric, gas, water, telephone, telecommunication, or other services, provided that such roads, sewers, structures, or facilities are not materially changed or enlarged, and provided that the work is conducted using best management practices to ensure that the woodlands areas are not adversely impaired.
(2) Notwithstanding this provision, the owner or person in charge or control of any lot or parcel of land in the City, upon which any tree or shrub grows adjacent to any public way, shall trim, either at the property line or to a clear height of at least eight feet above the surface of such public way the public sidewalk and at least fifteen feet above the public street, all branches which overhang any portion of such public way or which obstruct or interfere with the passage of light from any street lighting system, and shall not plant or maintain any tree or shrub so close to any property line as to obstruct thereby the vision of travelers along the streets. The owner shall remove from such tree, shrub, plant or vine, all dead, decayed, unsightly, broken or dangerous limbs and branches that overhang or are close to the public way, and when any such tree or shrub is dead, the owner shall remove the same.
(Ord. 682. Passed 8-18-99; Ord. 829. Passed 6-14-06.)