Any person growing a tree or shrub on private property, or growing a tree, shrub, garden, or other vegetative growth, or installing landscaping, structures, or other objects located within private property which encroaches upon the public right- of-way or that interferes with the vision triangle as provided in this Code, or any person growing a public tree or shrub, shall comply with the following standards:
A. Maintenance: Trees or shrubs planted within the public right- of-way that extend over public streets or sidewalks, or that obstruct traffic signs or public utilities, shall be maintained by the City. Trees or shrubs planted on private property that extend over public streets or sidewalks, or obstruct traffic signs or public utilities, shall be maintained by owners of abutting property in accordance with this section and the "City Forestry Standards of Practice and Specifications" at the cost of the property owner. Maintenance includes, but is not limited to, watering, fertilizing, insect and disease control, treatment, and pruning. The City reserves the right to perform maintenance of private or public trees or shrubs that are planted or extend into the public right-of-way without notice or compensation to the abutting property owner if the City Forester determines that such maintenance is necessary to promote and protect the public health, safety, and general welfare.
B. Pruning: Subject to the maintenance responsibility provisions cited above, trees or shrubs shall be properly pruned for the purpose of preventing the following potentially hazardous situations: the obstruction of traffic signs; the obstruction of a clear view of street and alley intersections; the obstruction of the proper lighting of public streets and places; and the obstruction of public walks, trails, or streets. The minimum vertical clearance of trees and shrubs shall be fourteen feet (14') between the surface of a street and the lowest branch. The minimum vertical clearance shall be eight feet (8') between the surface of a sidewalk, trail, or other pedestrian way and the lowest branch. All pruning shall be done in accordance with the "City Forestry Standards of Practice and Specifications".
C. Avoid Damage Or Nuisance: The planting of trees, shrubs, gardens, or other vegetative growth, or the installation of landscaping, structures, or other objects on private property which would cause a public danger or nuisance shall be prohibited.
D. Street Or Alley Intersection: The planting of trees, shrubs, gardens, or other vegetative growth, or the installation of landscaping, structures, or other objects on corner lots or lots adjacent to an alley within the area bounded by street or alley lines of such lots and a line joining points along said street or alley lines twenty five feet (25') from the point of intersection of the public right-of-way lines, defined in this Code as the "vision triangle", shall be limited to trees, shrubs, gardens, and other vegetative growth, and landscaping, structures, and other objects located within this area that shall not exceed two feet (2') in height, and the lowest branches of any trees planted outside of this area, but the branches of such trees that extend within this area, must be a minimum of ten feet (10') in height. Height shall be measured from the curb elevation and trees, shrubs, gardens, and other vegetative growth must be pruned or maintained to comply with these height restrictions to create an unobstructed view of the intersection between heights of two feet (2') and ten feet (10') above the curb elevation. Notwithstanding these height restrictions, no trees, shrubs, gardens, or other vegetative growth shall be planted within the vision triangle that create or constitute a vision obstruction to vehicular, bicycle, or pedestrian traffic. Similarly, no landscaping, structures, or other objects shall be placed within the vision triangle that create or constitute a vision obstruction to vehicular, bicycle, or pedestrian traffic. The City shall have sole discretion to determine whether a vision obstruction exists for vehicular, bicycle, and pedestrian traffic. There shall be no compensation by the City to the affected property owner for any damage to or removal of any trees, shrubs, gardens, or other vegetative growth, or any damage to or removal of landscaping, structures, or other objects, encroaching upon the public right- of-way or that interferes with the "vision triangle" as defined in this Code.
E. Dead, Diseased, Or Insect Ridden Trees Or Shrubs: Dead, diseased, or insect ridden trees or shrubs shall be subject to the following conditions:
1. Public Trees Or Shrubs: The City Forester shall coordinate treatment or removal of any public tree or shrub which is so hazardous, diseased or insect ridden as to be deemed a nuisance and constitutes a hazard to other trees or shrubs or the public safety. Public trees that are at risk of becoming diseased or insect ridden may be treated or preemptively removed by the City as part of a management plan approved by the City Council. Trees in the public right-of-way not identified for treatment by the City and not deemed a nuisance or a hazard may be treated by the abutting property owner with an approved permit.
2. Trees Or Shrubs Located Within Private Property: The Code Enforcement Officer shall provide written notice to be served on a property owner by personal service, or by certified mail with return receipt requested and regular mail, requiring the treatment or removal within fourteen (14) calendar days of notification of any trees or shrubs located within private property which are dead, diseased or insect ridden so as to be deemed a nuisance and constitute a hazard to public trees or shrubs, other trees or shrubs on private property, or public safety. Such removal, pruning, or treatment as required by provisions of this section shall be subject to the applicable "City Forestry Standards of Practice and Specifications".
F. Prohibited Trees: Trees prohibited from being planted within public property shall be identified by the City Forester and included on an official list. Copies of this list shall be made available at City offices and on the City website.
G. Appropriate Trees: Any tree planted in the public right-of-way must first meet all requirements listed in the City's tree planting permit. Trees appropriate to be planted within the public right-of-way are those listed in the most recent edition of Iowa State University's extension bulletin Pm-1429e "Street Trees" and Pm-1429d "Low-Growing Trees for Urban and Rural Iowa". Copies of these lists are available at City offices and through the Polk County Extension Office. Other trees or shrubs not listed within these publications, but not prohibited, may be reviewed and approved at the discretion of the City Forester. (Ord. 2192, 12-27-2016)