A. Purpose: The city prides itself on its many areas of public and private landscapes, both natural and enhanced, and recognizes the importance of trees within the community. It is declared to be a policy of the city that:
1. City property will be landscaped to enhance the natural beauty of the city.
2. Responsibilities of city departments be coordinated to encourage quality landscaping.
3. Landscaped city properties be effectively managed.
4. The city plant species of trees that are aesthetically pleasing, require less maintenance (so as to prevent damage to sidewalks and streets and reduce risks to pedestrians and motorists), work with utilities, and conserve natural resources.
5. The street environment be made hospitable through landscaping.
6. Residents of the city be encouraged to participate in beautification efforts through installing and maintaining quality trees and landscaping on private property.
To fulfill this policy, this section is enacted and intended to establish a tree stewardship ordinance. This section may be referred to as the TREE STEWARDSHIP ORDINANCE.
B. Urban Forester: The city shall designate a qualified person or entity as the city's urban forester, who shall:
1. Be responsible for the long term management, health, maintenance, inventory, planting, and design of city trees in cooperation with the director.
2. Foster and maintain partnerships between public and private parties for the benefit of trees.
3. Facilitate communication, coordination, cooperation, and education for the stewardship of city and private trees.
4. Keep abreast of new information and research in arboriculture.
5. Train and supervise city crews or contract providers so the best methods of tree care are practiced in the community.
6. Work with engineers, architects, and the community development department during the design phase of development.
C. Citizen Responsibilities: Citizens/property owners, occupants, and their agents shall have the following responsibilities for the protection of trees in park strips abutting their real property except in those park strips that are maintained by the city.
1. Periodic watering and fertilization of city trees as necessary to maintain good health and vigor.
2. Protect city trees in park strips from damage caused by lawn mowers, weed trimmers, snowblowers, and similar equipment.
3. Protect city trees in park strips from damage caused by attachment of any items such as signs, nails, wires, ropes, and chains.
4. The species of trees planted in the park strips should comply with the city street tree guide or otherwise approved by the director.
5. Remove private trees or limbs that have fallen upon a city street, property, or sidewalk.
6. Maintain ground covers except in those park strips maintained by the city.
7. Notify the city of any hazard tree.
8. Raking, cleanup, and properly disposing of leaves that fall from city and private trees so leaf fall does not impede the stormwater system.
9. The city shall have no liability for the failure of any tree or landscaping installed by private parties on other than city maintained property.
D. City Responsibilities: The city shall assume responsibility for:
1. Tree care in city owned and operated parks, on the grounds of city buildings, and in park strips that the city administration has designated will be maintained by the city.
2. Pruning of city trees, as necessary, after appropriate notification to property owners.
3. Pruning of city trees in the public rights of way and utility easements.
4. Removal of diseased or dying city trees that are beyond reclamation.
5. Removal of city trees and/or limbs that the city determines to be a hazard after appropriate notification.
6. Maintenance of planted areas on city property and specifically designated city rights of way.
E. Responsibility For Correcting Private Hazard Trees: Where a hazard tree exists upon private property, the property owner and all other persons having control of the property on which such hazard tree exists shall be responsible to mitigate, abate, remove, or correct the hazard. Any tree that is a hazard tree is a public nuisance.
1. It is unlawful for any person, firm, or corporation, either as owner, agent, or occupant, to create, aid in creating, or maintain a hazard tree.
2. If the city determines that a particular tree is a hazard tree, the city may give a written notice to the owner, occupant, or agent of any lot, building, or premises in or upon which a hazard tree is found, or to the person who may be the cause of such hazard tree to remove, mitigate, abate, or correct the hazard, including its recommendation as to the most effective method of doing so.
3. Notice under this section may be served by personal service or by mailing the notice to the person, firm, or corporation by certified mail (return receipt requested), and posting a copy on the property a minimum of twenty eight (28) calendar days in advance of further action.
4. If the hazard tree is not mitigated, abated, removed, or corrected within twenty eight (28) additional calendar days after the notice is complete, the city may mitigate, abate, correct, or remove the hazard tree at the expense of such person, firm, or corporation or may take further action as determined.
5. The city may recover the costs and expenses incurred in mitigating, abating, correcting, or removing the hazard tree, serving notice, and the costs of a lawsuit, if any.
6. If the person, firm, or corporation disputes or denies the city's determination that the tree is a hazard tree or refuses to remove or permit removal, the city may bring an action to abate the hazard tree as a public nuisance. If the city is granted a judgment, the city may recover the costs of having the public nuisance abated.
7. The city, its agents, or employees, if acting in good faith, incur no liability for causing removal of a hazard tree.
8. Notice of appeal of the city's determination that a tree is a hazard tree may be filed with the city recorder within ten (10) days of service of the notice to abate. Appeals of the urban forester's decisions shall be heard by the mayor or his designee within fifteen (15) days of receipt of the appeal, which decision is final.
F. Protection Of City Trees:
1. It shall be unlawful for any person to do any of the following:
a. Construct a concrete, asphalt, brick, or gravel sidewalk within eighteen inches (18") of a city tree that damages any part (roots, crown, trunk) of the tree so as to cause injury or death to the tree.
b. Fill up the ground area around any city tree so as to shut off air, light, or water from its roots.
c. Pile building material, equipment, or other substance on or near a city tree so as to cause injury to the tree.
d. Pour or spray any injurious matter on or around a city tree.
e. Injure any city tree, tree stake, or guard with any vehicle or animal, or in any other manner causing injury to any city tree, shrub, ground cover, or lawn.
f. Post any sign, tree stake, or guard, or by fastening any guywire, cable, or rope to any city tree, tree stake, or guard.
g. Prune trees for commercial exposure.
2. Any person doing construction, excavation, or demolition work in the near vicinity of a city tree shall protect the tree from injury or damage with a substantial protective barrier. Said barrier shall not be less than four feet (4') high and have a two foot (2') radius or to a distance in feet from the tree equal to the diameter of the tree trunk in inches measured four and one- half feet (41/2') aboveground, whichever is greater. All building materials, extra dirt, or other debris shall be kept outside the barrier. The city engineer must be consulted about any deviation to this standard.
3. No person shall use a city tree for any unauthorized purpose.
G. Trees Planted In Park Strips: Trees planted in park strips or other public rights of way should be in conformance with the streetscape plan.
H. Interference With Service: It shall be unlawful for any person to interfere with city personnel or city contractors under the direction of the city's designee in the performance of their duties.
I. Preservation Of Trees During Development: Tree surveys must identify both city and private trees or groves of trees of at least two inch (2") caliper and shall indicate which, if any, may be preserved or relocated. Where practically possible, site designs should be modified to accommodate significant tree cover. Proper care should be taken during the construction phase to protect tree root zones from compaction and excessive excavation. Clear cutting an area of trees on a site will not be allowed unless determined appropriate by the director.
J. Violation And Penalty: Any person who violates any provision of this chapter shall be guilty of an infraction. In addition to other remedies provided for herein or otherwise provided by law, if the violation of any provision of this chapter causes the injury, mutilation, or death of a tree, shrub, or other plant located on city owned or maintained property, the violating party shall pay the cost of repair or replacement of such tree, shrub, or other plant. The replacement value of trees and/or shrubs shall be determined in accordance with the latest edition of the "Guide For Plant Appraisal" as published by the International Society Of Arboriculture. The city may pursue criminal or civil actions against any person or entity who violates this chapter as is deemed appropriate, including abatement or injunctive relief. (Ord. 12-15, 7-11-2012)