(A) Standards. All public trees must be pruned to National Arborist Association Pruning Standards for Shade Trees. These standards shall be adopted as part of the city tree program.
(B) Adjacent property owners to maintain private and street trees. Unless identified in a written agreement or memorandum of understanding, every adjacent property owner of any tree overhanging any right-of-way within the city shall prune the branches so that the branches shall not obstruct the light from a street lamp, or obstruct the view of any street intersection. The owner of a tree at or within 20 feet of a street intersection shall follow the criteria for the vision clearance areas as described in §§ 152.050. The owner of a tree which is encroaching on or adjacent to electric wires is required to notify the city people’s utility district (PUD) prior to removal of hazardous limbs or branches. It is PUD’s responsibility to remove, prune or trim tree from electric wires. The owner shall maintain a clear space of 14 feet over the street, and a safe pedestrian way. Owners shall remove all dead, diseased or dangerous trees or broken or decayed limbs which constitute a menace to public safety.
(1) In reviewing trees, tree size will be factored in where possible so as to be realistic in clearance concerns.
(2) With small trees, there will be small limbs that will be less than the seven foot height requirement, over a walkway. As long as there is still a wide enough safe pedestrian way, aesthetics and viability will be used to determine if further pruning or cutting would not be required at present and in fact could damage the tree or effect viability in certain conditions such as wind, criminal mischief and the like.
(3) With larger trees, aesthetics and viability will also be taken in account. If cutting off a major limb would affect tree viability, as long as there is a safe pedestrian way, that limb would be allowed to exist but would be reviewed on a regular basis.
(C) Adjacent property owners liable. Unless identified in a written agreement or memorandum of understanding, the owner of property abutting trees on a right-of-way shall be liable for injury, damage or loss to persons or property caused by the property owner’s negligent failure to comply with division (B) above.
(Prior Code, § 93.07) (Ord. 1266, passed 4-16-2012; Ord. 1303, passed 9-8-2015; Ord. 1332, passed 12-18-2017) Penalty, see § 93.99