The city may plant trees on private property if funding is available, to replace trees that the city has removed as part of a street or electric project, and/or in lieu of planting a replacement tree in the city right- of-way with the conditions that:
(A) The property owner gives written permission for the city to enter upon, work in, and use the property owner’s land to plant the replacement trees.
(B) The property owner signs a waiver of liability absolving the city of any liability, damages, or other actions for the planting of the trees on private property.
(C) The property owner shall take full and complete responsibility for the perpetual care and maintenance of the trees planted by the city.
(D) The location of the tree being planted on private property will be determined by both the city and private property owner to best suit the individual situation and trees being planted.
(E) The distance between the curb and sidewalk will not support proper tree growth.
(F) The distance between from the back of the curb or edge of pavement to within 5 feet of the property line will not support proper tree growth.
(Ord. 16-01, passed 9-17-2001; Am. Ord. 8-17, passed 5-1-2017)