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The Director shall issue the permits provided for in §§ 93.122 or 93.124 if, in his or her judgment, the proposed work is desirable and the proposed methods are of a satisfactory nature. Any permit granted shall contain a definite date of expiration. Any permit shall be void if its terms are violated. A fee of $20 shall be imposed for each permit issued under this section, to be paid to the City Clerk before issuance of the permit.
(Prior Code, § 5-5-6) (Ord. 652, passed 4-2-2007)
(A) The planting of shrubs on any city right-of-way green space is prohibited.
(B) (1) Trees may be planted in an area at least three feet by three feet which is free of underground and overhead utilities.
(2) Trees may not be planted closer than ten feet from right-of-way structures, including fiber vaults; fire hydrants; transformers; secondary, communications and meter pedestals; any other structures; and underground utilities installed perpendicular to the right-of-way.
(3) Trees shall be planted a minimum of 20 feet from streetlights.
(4) Trees shall not be planted closer than 25 feet from another street tree, unless buffering is required as approved by the city.
(5) Trees shall be a minimum of one inch in diameter at six inches above ground level.
(6) Trees shall not be planted closer than ten feet from driveways or alleys.
(7) Trees shall not be planted in the triangular area defined by the point of intersection of the traveled portions or curbs of two intersecting streets and points 30 feet in distance measured along the curbs or traveled portions of the intersecting streets.
(C) No persons shall plant the following tree species on any public property: cotton bearing poplar trees, cottonwood, box elder, Siberian elm, Russian olive, silver maple, tree of heaven, mulberry, willow, evergreen or ash varieties. A list of preferable tree species to be planted in the right- of-way green space is available from the Parks Department.
(D) (1) A property owner who desires to plant a tree in adjacent public right-of-way, in accordance with this section, shall make written application on a street tree permit application form provided by the city and shall submit the street tree permit application with a site plan for the planting location and a $20 application fee to the City Clerk. The applicant shall also place a wooden stake painted white at the proposed planting site.
(2) The Public Works and Parks and Recreation Departments of the city will review the street tree permit application and may approve, modify or deny.
(Prior Code, § 5-5-7) (Ord. 652, passed 4-2-2007; Ord. 688, passed 5-18-2009; Ord. 765, passed 7-7-2014) Penalty, see § 93.999
(A) Trees up to 14 feet. In all residentially zoned areas of the city, it is the duty of the owner of any property abutting a street upon which there may be trees or shrubs, to prune such trees or shrubs up to a height of 14 feet such that they will not obstruct or shade the streetlights or obstruct the passage of pedestrians or vehicles on sidewalks or street; obstruct the vision of traffic signs; or obstruct the view of any street intersection. Overhanging branches shall be at least 14 feet above the surface of the street and at least ten feet above the surface of the sidewalk or right-of-way green space.
(1) Such owner shall also remove from such trees all dead, decayed or broken limbs or branches up to 14 feet above the ground that overhang any public highway, street, alley or public place, so that the same cannot fall on the sidewalk, street, alley or other public highway.
(2) All abutting property owners shall trim and maintain trees and shrubs located on private property such that no part overhangs any public property at a height below ten feet nor overhangs any street at a height of less than 14 feet.
(3) Property owners shall also remove all diseased trees and dead or dying limbs from trees located on their property, except a forested property of any area of more than two acres where individual tree maintenance is not practical.
(B) Action compelled. If the abutting property owner fails to trim adjacent trees or shrubs, the city may serve notice on the abutting property owner requiring that such action be taken within 30 days. If such action is not taken within that time, the city may perform the required action and assess the costs against the abutting property owner for collection in the same manner as a property tax.
(C) City’s duties (above 14 feet). The city shall be responsible for the pruning, trimming and removal of dead or diseased trees located on public property or streets as to that portion of any tree more than 14 feet above the ground.
(D) Tree roots. The city shall also be responsible for the removal or trimming of roots from trees located on public property that have displaced or raised portions of the public sidewalk. The Public Works Department shall notify the Parks and Recreation Director when a permit is requested to repair or construct a public sidewalk. The Director will then investigate the circumstances and, if necessary, arrange for roots to be removed in a timely manner.
(E) Highway right-of-way exemption. The provisions of this section do not apply to trees in the Highway 71 or Highway 18 right-of-way. These trees shall be maintained by the city.
(Prior Code, § 5-5-8) (Ord. 652, passed 4-2-2007)
(A) Unless specifically authorized by the Director, no person shall intentionally damage, cut, carve, transplant or remove any tree or shrub; attach any rope, wire, nails or other contrivance to any tree or shrub; allow any gaseous, liquid or solid substance which is harmful to such trees or shrubs on public property to come in contact with them; to impede the free entrance of water or air to the roots; or to set fire or to permit any fire to burn when such fire and heat thereof will injure any portion of any tree or shrub on public property.
(B) No spurs or climbers that injure the bark of a tree on public property shall be used as an aid to climbing such tree, except when such tree is to be removed.
(C) No person shall top a tree that is located on a public street or other public property, except as required because of storm or ice damage or for the protection of utility wires.
(Prior Code, § 5-5-9) (Ord. 652, passed 4-2-2007) Penalty, see § 93.999
(A) In accordance with state law, any owner, occupant or person in charge of any property shall remove, at his or her own expense, any tree, brush, wood or debris infected with pervasive disease found thereon when so notified by the Director. Such owner, occupant or person shall be given written notice by the Director to remove said trees, brush, wood or debris within 30 days from the date of such written notice.
(B) If such owner, occupant or person fails to comply with said notice within 30 days of receipt thereof, the City Council may cause the same to be removed and the cost assessed against the property in the following manner:
(1) The City Council shall direct its agents or employees to remove same and to keep an accurate account of the expense incurred. The expense account shall be fully itemized, verified and filed with the City Clerk. Such expenses shall be paid by the city; and
(2) The City Clerk shall mail a statement of said total cost to such owner, occupant or person failing to comply with said notice by certified mail, without return receipt, addressed to the last known address of same, and if the amount shown by the statement has not been paid within one month, the City Clerk shall certify such cost to the County Auditor, and it shall then be collected with and in the same manner as general taxes.
(Prior Code, § 5-5-10) (Ord. 652, passed 4-2-2007)
The agents or employees of the city shall have access at reasonable times to all trees, brush, wood or debris for the purpose of inspecting or examining the same and carrying into effect the provisions of this subchapter.
(Prior Code, § 5-5-11) (Ord. 652, passed 4-2-2007)
It shall be unlawful for any person to hinder, obstruct or otherwise interfere with the agents or employees of the city while they are engaged in carrying out the provisions of this subchapter.
(Prior Code, § 5-5-12) (Ord. 652, passed 4-2-2007) Penalty, see § 93.999
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