(A) Planting trees prohibited. No person may plant any tree of any type in any part of the street right-of-way between the lot line and the pavement, also referred to as a parkway.
(B) Planting trees permitted. Shade or ornamental trees may be planted on the inside and within five feet of any existing sidewalk (this means on the residence side of the sidewalk, between the sidewalk and the back lot line) but any such tree shall comply with the following standards:
(1) No tree shall be planted in such a location that its roots will be likely to damage any public sidewalk, any part of the street pavement or any driveway or parking area. Consideration shall be given to the type of sidewalk, the nature of the street pavement or parking area and the type of tree; and
(2) No tree shall be planted in such a location that it will at any time impair the view of vehicular traffic approaching an intersection; and
(3) The tree must be of such a nature that it can be trimmed to comply with division (C); and
(4) The approval of the Town Manager must be obtained. If the proposed tree complies with the terms of this chapter, the Town Manager shall give his or her approval in writing by a memo or note designating the location, the type and size of tree permitted. If the Town Manager does not grant approval, he or she shall provide the specific reasons in writing for the disapproval.
(C) Trimmed height. Each tree planted pursuant to the provisions of this chapter shall be kept trimmed so that there will be at least eight feet clearance above any sidewalk, street, payment or adjacent driveway. The owner of the property and/or the occupant of the property upon which the tree is located shall be responsible for such trimming.
(D) Prosecution. No person shall be prosecuted for any violation of this section without first having been notified, in writing, of the violation, and having been given seven calendar days to trim or remove the tree as required by the notice.
(E) Trimming or removal by the town. The town has the authority at any time to trim or remove any tree planted or maintained in violation of this chapter. A person who violates this chapter is in violation of a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each separate violation is punishable by a fine. The fines for violation of this chapter shall be $50. Violations of this chapter shall be processed through the Waterloo Ordinance Violations Bureau.
(Ord. 01-03, passed 3-14-01; Am. Ord. 04-05, passed 7-13-04) Penalty, see § 98.99