(A) Duties of adjacent property owner; planting and removal.
(1) No person shall plant or remove trees in or upon parking strips or public grounds without first obtaining an encroachment permit from the city.
(2) A condition of the encroachment permit shall be the acceptance by the permittee of responsibility for the repair and replacement of any damage to sprinkling systems or adjacent property caused during the work under the permit.
(3) No tree shall be planted in the city rights-of-way except of the species recommended in the West Haven Tree Specifications Manual, unless in writing approved by the City Forester. If an existing tree is not on the current tree list, but the City Forester does not consider it an immediate concern due to pests, disease, or hazard, current removal of the tree is not required.
(4) No tree shall be planted so as to cause, in the opinion of the City Forester or a law enforcement officer, a traffic hazard, and all trees shall be planted according to the guidelines.
(5) In parking strips of four and one-half feet or less in width, trees must be centered when planted. In parking strips wider than four and one-half feet, no tree shall be planted closer than three feet from the curb.
(6) Tree damage to curbs, and/or sidewalks, will be the home owner’s responsibility for the cost of removal and/or repair.
(B) Tree maintenance. It shall be the duty of any person growing a tree within a public street right-of-way or responsible for trees growing on property abutting on public grounds supporting trees or plants to provide adequate maintenance:
(1) Sufficient water, mulching, and protection from compaction or injury by vehicles or other causes;
(2) Prune the public trees so as to not cause a hazard to public places or interfere with the proper lighting of public streets by the street lights, and so that the minimum clearance of any overhanging portion thereof shall be nine feet. The trees shall be at least 50 feet from any intersection and shall be so pruned as to not block any traffic signs. See West Haven City Tree Specifications Manual for acceptable pruning methods; and
(3) Treat or remove any tree or plant that has died or that is diseased or insect-infested as to constitute a hazard to trees or plants in public grounds. If there is a new invasive pest or disease that is considered a great threat, the tree will be removed or treated immediately. The stump should be ground or dug out if required by the City Forester.
(C) Unlawful to abuse public tree.
(1) It shall be a violation of this chapter for any person to neglect, abuse, poison, or mutilate any public tree or shrub.
(2) It shall be a violation of this chapter to top any public tree or to flush cut any branch on public trees, except in an emergency.
(Prior Code, § 13.16.040) (Ord. 18-2008, passed 11-5-2008) Penalty, see § 153.99