§ 38.09 TREE AND SHRUB PLANTING, MAINTENANCE AND TRIMMING STANDARDS.
   (A)   Tree list and planting guidelines. The Tree Board and the City Arborist shall create a list of preferred tree species to be planted in the city and establish planting distances and clearances from fire plugs, utilities, sidewalks and other obstructions. The Tree Board shall create additional pruning and maintenance recommendations and best practices to fulfill the Tree Board’s purpose herein. These recommendations shall be mandatory for any tree located (or to be located) within any right of way. The recommendations shall not be mandatory for any tree located on private property.
   (B)   Trees in public areas. The city shall have the right to plant, trim, prune, maintain and remove trees, plants and shrubs within the right of way of all streets and public right of way, as may be necessary for public safety or to preserve or enhance the symmetry and beauty of such public ground. The Tree Board may select locations in the city for planting of new street trees, in consultation with the City Arborist. No person shall be allowed to prune, top, or remove, a tree in the public right of way without the advice and consent of the Tree Board and the City Arborist. The city will perform and pay for the partial removal of any tree, whether in the right of way or not, that due to a storm event, or other natural condition, has been damaged so as to block a public roadway or sidewalk. The obligation of the city shall extend only to clearing of the public roadway or sidewalk and any further restoration or complete removal of the tree and its cost shall be borne by the homeowner.
   (C)   Trees on private property. Property owners are responsible for removing or trimming any tree or shrub that extends over, or obstructs, any street, sidewalk, city sign or right of way. Property owners are also responsible for removing or trimming any diseased, dead or dying tree or shrub; which, if it falls, could obstruct the right of way, endanger life or limb, or impact utilities. The City Arborist shall determine whether any tree or shrub meets these criteria and advise the Citation Officer on pruning or removal; with said pruning or removal by the homeowner to occur within 30 days of the notice.
   (D)   Maintenance of sidewalks and drainage. It shall be unlawful for the owner or resident of any property abutting any public way to permit weeds or vegetation (other than properly cut grass) to grow or remain in the area between his or her property line and the paved portion of the street and it shall be the duty of such abutting owner, or resident, to maintain the grass in the unpaved portion of the public way adjacent to his or her property and to keep sidewalks and drainage swales adjacent to said property free from obstruction.
   (E)   Tree incentive program. The Tree Board and City Arborist, as part of its annual tree work plan, shall submit a proposal to incentivize the planting, re-planting and maintenance of trees in the city. The proposal shall contain specific criteria for a cost-sharing between the property owners and the city, based on clear and certain public purpose spending and accounting standards. Additionally, the details of said incentive program must be approved by the City Council each year as part of the Tree Board’s annual budget and a not to exceed amount for the incentive program shall be set by the City Council each year. Awards of any of the funds after the approval of the incentive program shall be administered by the Tree Board, who shall report on same to the City Council.
(Ord. 5, Series 2013-2014, passed 1-7-2014; Am. Ord. 6, Series 2015-2016, passed 4-5-2016)