Damages caused to street improvements by street trees shall be handled in the following manner:
(a) The City, at City expense, shall make the initial repairs of street improvements damaged by tree roots. After the City has once made such repairs with respect to a given tree, and the owner desires to retain the tree in place, it will thereafter be the property owner’s responsibility to pay for any future repairs necessitated by maintaining the tree or trees which caused the damage. Non-fronting residential curbs and sidewalks shall be the responsibility of the appropriate local community association, where one exists, or of the individual property owner, where no such association exists, after the City has made its initial repairs on the sidewalk or street improvements. If the property owner or community association fails to make such improvements, the City will make the repairs at the owner's expense, as provided by law.
(b) The City, at City expense, shall remove trees within the public rights-of-way when such trees are causing damages to sidewalks or other street improvements; provided, however, this provision shall not apply to oak trees and other historic trees which are provided for by resolution or specific sections of this Code and, in addition, shall not apply when the property owner on whose property the tree fronts agrees to be responsible for any and all future repairs that may be necessitated due to the maintenance of the tree.
(c) Any tree which is removed shall be replaced with an appropriate City-approved street tree at City expense.
(d) The City shall replace the curbs and gutters and make the necessary repairs to the street improvements at the City’s expense.
(§ I, Ord. 549-NS, eff. November 13, 1975)