(A) Street trees.
(1) No street trees shall be planted unless and until the Urban Forester shall have first approved the kind, size, variety, and location thereof, and granted a permit therefor. This permit is in addition to any permit required by Chapter 155 of this code of ordinances. Trees proposed within ten feet of any water, sanitary sewer or drainage system component shall be subject to the approval of the Director of Public Works. The permit shall be issued without charge.
(2) A street tree list and brochure shall be developed by the Urban Forester and approved by the Urban Forestry Board.
(3) Maintenance of street trees shall be the responsibility of the owner of the abutting property.
(4) It is unlawful for any person to top any street tree or other tree on public property. TOPPING is defined as the severe cutting back of limbs to stubs larger than six inches in diameter within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other causes, or trees under utility wires or other obstructions where other pruning practices are impractical may be topped only with the approval of the Urban Forestry Board.
(5) All stumps of street and park trees shall be cut below the surface of the ground so that the top of the stump shall not project above the surface of the ground.
(B) Trees on public property.
(1) The city shall have the right to plant, prune, maintain, and remove trees, plants, and shrubs within the public right-of-way and on public grounds, as it may determine.
(2) The city may remove or cause or order to be removed any tree or part thereof which is in unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, waterlines, or other public improvements, or is infested with any pest. This section shall not prohibit the planting of street trees by owners of adjacent property provided that the selection and location of the tree is made in accordance with division (A) above.
(C) Trees on private property.
(1) The city shall have the right to inspect and cause the removal of any tree, or any part thereof, on private property within the city if the tree or any part thereof:
(a) Is dead, diseased, or has obvious visible defects; and
(b) Either:
1. Constitutes a hazard to life or property; or
2. Harbors pests which constitute a threat to other trees within the city.
(2) The city shall notify the owner(s) of such trees, in writing, to remove or trim the trees within such reasonable time as shall be determined by the Urban Forester. All tree work shall be arranged and completed at the owner’s expense. In the event of failure of owners to comply with the provisions, the city shall have the authority to remove the trees and charge the cost of removal to the owners or to assess the costs thereof against the property.
(3) Any person claiming an interest in any tree ordered to be removed under division (B)(2) above may appeal the order to the Urban Forestry Board within seven days of the date of the order.
(4) Obvious visible defects include, but are not limited to, dead limbs greater than six inches in diameter, an unseasonable lack of leaves, visible decay, lightning damage, and perilously leaning trunks.
(5) This provision shall not be construed to relieve from liability any party owning land on which a hazardous tree or any part thereof is located for damages to persons or property caused by the hazardous tree. This provision shall not be construed as imposing upon the city any liability or responsibility resulting from damage caused by any tree located on private property, nor shall the city or its employees be held as assuming any liability or responsibility by reason of an authorized inspection under this section.
(D) Requirement for removal of mountain pine beetle-infested trees. Trees infested with mountain pine beetle are declared a public nuisance. If a property contains trees infested with mountain pine beetle, the city shall notify the owner in writing. Infested trees must be removed by the property owner within 60 days after notification. Upon written request, the Director of Parks or her or his designee may provide an extension not to exceed an additional 30 days. Infested trees identified between June 1 and September 1 of any year shall be removed as soon as possible. The city’s Urban Forester shall have discretion to impose a time frame for removal that is less than 60 days for infested trees that are discovered between these dates. If the tree(s) are not removed within the timeframe allowed, the tress may be abated or otherwise removed pursuant to state law and/or Chapter 92. The city may defray the cost of abating or removing this nuisance by taxing the cost thereof by special assessment against the real property on which the nuisance occurred.
(E) Trimming of trees overhanging streets, sidewalks, and alleys. All trees overhanging any city sidewalk shall be kept trimmed so that the space between the sidewalk and the lowest branch overhanging the sidewalk is not less than eight feet. All trees overhanging any street or alley in the city shall be kept trimmed so that the space between the street or alley and the lowest branch overhanging said street or alley is not less than 12 feet.
(Ord. 38, passed 1-7-2016) Penalty, see § 10.99