(A) Interference with planting, maintenance, and removal unlawful. No person, firm, or corporation shall interfere with city personnel while engaged in planting, mulching, pruning, or removing any tree, shrub, or plant in any street or public place within the city.
(B) Enforcement. Any person violating any provisions of this chapter shall be punishable by a fine equal to the monetary value of the tree as assessed by a certified arborist or tree appraiser using the guidelines established by the International Society of Arboriculture and the degree of damage to the tree. Penalty for violation to be enforced by the City Forester or Code Enforcement Officer.
(C) Resolution of conflicts between trees and structures. Where sidewalk or curb damage due to tree roots occur, every effort shall be made to correct the problem without removing or damaging the tree. The City Forester shall be responsible for developing or approving corrective measures in consultation with the City Engineer. The city shall not be liable for costs incurred by a property owner for resolution of any such conflict.
(D) Liability. Nothing in this chapter or within the Tree Specifications Manual shall be deemed to impose any liability for damages or a duty of care and maintenance upon the city or upon any of its officers or employees, nor to relieve the owner of any private property from the duty to keep the trees, shrubs, or plants upon their property or on street tree area under the private property owner’s control in a safe, healthy condition.
(Prior Code, § 13.16.080) (Ord. 18-2008, passed 11-5-2008) Penalty, see § 153.99