(A) The city, or its designee, shall plant, prune, maintain and if necessary, remove, all street and park trees, as well as other woody vegetation, within or overhanging public property, including rights-of-way, as determined to be reasonably appropriate to enhance public safety with consideration given to symmetry and beauty of public grounds.
(B) Trees that were planted, and approved, as part of an overall development plan, are the responsibility of the property management group, homeowners association or adjoining property owner to the right-of-way.
(C) Property owners abutting public rights-of-way who have trees encroaching on right-of-way shall be required to remove tree branches that hang above any sidewalk or street to a distance of eight feet above the surface of a sidewalk or a distance of 12 feet above a street.
(D) The city reserves the right to remove any and all trees from public property or rights-of-way when it becomes necessary and expedient to remove in order to carry out any plan of street sidewalk, curb improvement, street improvement or other infrastructure project adopted by the city.
(E) Trees located in a public right-of-way may be removed by the city, or its designee, based on any one of the following criteria. Trees not meeting these criteria may be removed at the abutting property owner’s expense.
(1) Tree(s) is dead or dying
(2) Tree(s) is deemed hazardous for which the condition can not be resolved or corrected through pruning or other reasonable arboricultural practices.
(3) When tree(s) are not deemed dead, dying or hazardous, the following factors will be considered:
(a) Life expectancy of the tree;
(b) Desirability of the tree species;
(c) Amount of space for growth;
(d) Overall quality and structural integrity of the tree;
(e) Persistent and uncontrollable insect, disease or fruiting problems;
(f) Frequency and extensiveness of maintenance requirements;
(g) Feasibility and timeliness in which a replacement may be planted;
(h) Proximity and quality of trees near to tree marked for removal;
(i) Wishes and desires of the abutting property owner;
(j) Quality and extend of past pruning and other tree maintenance practices;
(k) Extent and frequency of damage being caused to surrounding infrastructure such as, but not limited to, sidewalks, streets and sewers; and
(l) Location with regard to street lights, traffic control devices, clear vision triangle and growing space requirements.
(Prior Code, § 34-145) (Ord. 07-27, passed 12-10-2007)