(A) The Director may cause street trees or other plant material planted in a parkway or easement to be removed by the city if they are deemed by the Director to be unhealthy, hazardous, undesirable or causing excessive damage to existing public improvements or street trees.
(B) Any property owner desiring to remove a tree from the parkway or easement abutting his or her property shall make application to the Department. The Director shall determine whether or not the tree is required to be retained in order to preserve the intent and purpose of the Street Tree Plan. In making a determination, the Director shall consider the inconvenience or hardship which retention of the tree would cause the property owner, and consider also the condition, age, desirability of tree species and location. If the Director finds that the tree may be removed without violating the intent and spirit of the Street Tree Plan, the property owner may be authorized to remove such tree at the property owner’s own expense and liability providing that any trees removed shall be replaced by street trees in that location or elsewhere in the city as approved by the Director. Any replacement shall be made based upon evaluation by the Director of the condition of the site to determine whether replacement is warranted. If a permit is granted for removal of a street tree, all removal work shall be completed within 60 days from the date of issuance of the permit and shall be under the general supervision of, and in accordance with, rules established by the Director. All tree stumps shall be removed to a depth specified by the Director. All removal permits shall be null and void after the expiration of 60 days from the date of issuance, unless extended by the Director or designee.
(C) In determining whether a tree may be removed and replaced, the Director shall consider, among other things, the following:
(1) Whether the tree or trees pose a potential for safety problems despite a sound maintenance program;
(2) Whether the roots from adjacent parkway trees are interfering with sewer lines
servicing the abutting property to the extent that the property owner requires frequent repair of said sewer lines;
(3) Whether the tree is dead, dying or incurably diseased;
(4) Whether the tree is diseased and weakened by age, storm, fire or other injuries so as to pose a danger to persons, property, improvements or other trees;
(5) Whether the tree is of an undesirable species;
(6) Whether the tree poses a hardship to the adjacent property owner such as, but not limited to, the cracking or raising of a garage floor or, in the case of a handicapped person, special circumstances exist which cause the location of the tree to become a hindrance for vehicle, and handicapped access; and
(7) Whether removal is necessary for construction of a street widening or other public improvement project, or necessary street or public improvement repair work.
(1995 Code, § 8.32.110) (Ord. 08-12, passed 7-15-2008)