(A) The city shall have control and supervision over all shrubs and trees upon, or overhanging all streets, rights-of-way or other public property, and all grass plats upon streets or other public property.
(B) Every owner of property abutting on any street shall cause the grass and weeds to be cut from the property. If the grass or weeds in such a place attain a height in excess of six inches it shall be prima facie evidence of a failure to comply with this section.
(C) A permit must be obtained at City Hall before planting any tree in any right-of-way within the corporate limits of the city. Trees are to be purchased and planted by the property owner of the land abutting the right-of-way or by the person retained by the property owner. Varieties of trees approved are trees of the hardwood variety, good appearance, adaptable to the climate, long life cycle and generally free from injurious insects and diseases. No person shall plant bushes, shrubs or hedges within a city right-of-way. The City Council shall adopt a tree planting permit policy within city rights-of-way.
(D) The city will perform all trimming of right-of-way trees. Residents, through a permit process, may contract a tree service to trim an adjacent right-of-way tree. The property owner shall bear the entire cost of tree trimming when using a contracted tree service. The City Council shall adopt a tree trimming permit policy within city rights-of-way.
(1) It shall be unlawful as a normal practice for any person, firm or city department to top any street tree, park tree or other tree on public property. Topping is defined as the severe cutting back of limbs to stubs within the tree’s crown to such a degree so as to remove the normal canopy and disfigure the tree. Any person or firm which has received approval for the trimming of trees on public property or right-of-way shall use trimming practices as outlined in the city’s tree policy. Trees severely damaged by storms or other causes, or certain trees under utility wires or other obstructions where other pruninq practices are impractical may be exempted from this subchapter according to city tree policy. Violation of this section shall be considered a misdemeanor.
(2) Every owner of any property upon which any tree overhanging any street or right-of-way is located, shall trim the branches of the tree in a manner that the branches shall not obstruct the light of any street light or the view of any street intersection, and in such a manner that there exists a clear space of eight feet above any sidewalk or right-of-way and 14 feet above any street (mature trees) beneath the tree.
(E) The city will remove trees that are determined by the city’s Park Director to be diseased, dying, dangerous or is a public nuisance or hazard. The City Council shall adopt a tree removal permit policy within city rights-of-way.
(1) In the event an owner of an abutting property request a permit for removal of a tree, the owner shall remove the tree in accordance with policy regulations established and that the owner assume all or any part of the cost of the removal if “just cause” is not verified.
(2) Every such owner shall remove any dead, diseased or dangerous tree, or any broken or decayed limb, in which tree or limb may endanger the public. The city may trim any tree or shrub located on private property, in event tree or shrub obstructs the light of street lights, or obstructs the visibility of any traffic-control device or sign, provided that trimming be confined to the area immediately above the right-of-way.
(F) The city shall serve notice upon the owner of the property to trim or remove the tree, limb, shrub nuisance stating that in the event the owner does not comply with the order, the city shall perform the work, keeping an accurate account of the cost thereof for each lot, piece or parcel of land abutting the street. The city’s Park Director shall prepare and mail to the owner an invoice setting forth the charge for the work, which charge shall be immediately due and payable at City Hall.
(G) If the maintenance work is performed by the city as set forth in the foregoing subdivision, the City Manager shall forthwith upon completion thereof ascertain the cost attributable to each lot, piece or parcel of abutting land. The City Manager shall, at the next regular meeting thereof, present the certificate to the Council and obtain its approval thereof. When the certificate has been approved it shall be extended as to the cost therein stated as a special assessment against such abutting land and the special assessment shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special assessments are certified and collected.
(H) No person shall willfully damage, injure, mar, deface or destroy any street tree, park tree or other trees on public property. Violation of this section shall be considered a misdemeanor.
(Ord. 791, passed 5-7-02)
Penalty, see § 91.99