(a) No person shall hereafter plant any tree or shrub upon any public way, street or alley unless he first obtains a permit in writing from the Service Director specifying the size, type, species and location on the public way, street or alley of the tree or shrub to be planted.
(b) The Service Director shall have authority to deny a permit to any person who proposed to plant any tree or shrub upon a public way, street or alley of a size, type or species found to be undesirable for the location proposed, or he may deny a permit to any person who proposes to plant any tree, or shrub upon a public way, street or alley if at a location found by the Service Director to be of size or type unsuitable for planting of trees or shrubs.
(c) Tree lawn requirements shall be as follows:
(1) "Tree lawn" means that unpaved space between the street curb and the sidewalk.
(2) A tree lawn shall be planted in living grass or other living ground cover.
(3) A tree lawn may be planted with trees as approved by the Service Director.
(d) The owner or agent of the owner of any lot or parcel of land fronting or abutting on any street or public ground in the City shall trim or cause to be trimmed all trees growing on or in the front or side of such premises, where branches of trees overhang any portion of the street or public ground, or overhand any portion of the sidewalk, so as not to obstruct the passage of light from any street lamp near such trees, or any street signage, and shall trim all branches overhanging any sidewalk or roadway so as to have a clear height of ten feet above the surface of the sidewalk or fourteen feet above the surface of the roadway unobstructed by branches, and shall remove from such trees all dead, decaying and broken limbs or branches that overhang the sidewalk or street, or that are liable to fall thereon. When any of the trees are dead, the owner or agent of the owner shall take up or cause to be taken up such dead trees and remove the same from such lot or parcel of land.
(e) In the event the owner does not trim or remove any tree, plant or shrubbery, or any part thereof in accordance with the provisions of this chapter, then the Service Director is hereby authorized to enforce the provisions of this chapter, and cause such tree, plant or shrubbery, or part thereof to be trimmed or removed.
(f) Whenever any tree, plant or shrubbery, or part thereof, is growing in any street or public place, or upon private property contiguous to a street or sidewalk or public place, in violation of this chapter and is trimmed or removed by the Municipality, then, after the work is done, the Municipality shall give five days' notice, by regular mail, to the owner of such lot or parcel of land, at his last known address, to pay the cost of such trimming or removal of trees, plants, shrubbery, or parts thereof, which notice shall be accompanied by a statement of the amount of cost incurred, and, in the event the same is not paid within thirty days after the mailing of such notice, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(g) Vegetation shall not obstruct the clear site distances at intersections. Vegetation higher than 36" shall not be allowed within a sight triangle of 25 feet of the intersection of the edge of pavement going in all directions.
(h) The following acts, things and conditions done or existing within the City are hereby declared to be nuisances:
(1) Any tree, plant or shrub infected with a known fungus that causes disease or death to the tree, plant or shrub.
(2) Any limbs, wood, cuttings or portions of a tree, plant or shrub infected with a fungus that causes disease or death to the tree, plant or shrub.
(3) Any tree, plant or shrub infested with a known pest that causes disease or death to the tree, plant or shrub.
(4) Any dead limbs or trees of any kind which, because of their location, are a hazard to persons or property.
(i) No person shall harbor or maintain any of the nuisances defined in this section.
(j) When the nuisance exists on property owned by the City, the Service Director shall abate the nuisance at the expense of the City, and no notice shall be required preliminary to the abatement.
(k) All above herein provisions shall apply except when a tree in the public way causes damage to a sidewalk in the public way and the following conditions are met:
(1) The property owner requests the removal of the tree;
(2) The tree was installed in accordance with city subdivision regulations requiring trees to be planted within a subdivision that also has sidewalks or was required by the Shade Tree Commission within a subdivision that also has sidewalks;
(3) The property owner acknowledges that the tree shall not be replaced;
(4) The property owner executes a hold harmless agreement which is approved by the director of law and countersigned by the Service Director; and
(5) The property owner acknowledges responsibility for repair of the sidewalk in accordance with T.C.O. 909.01
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(6) When such conditions exist, the city shall remove the tree at the request of the property owner and shall not assess such removal to the property owner. (Ord. 95-2018. Passed 1-24-19.)