(A) Purpose. The city values its open spaces, both natural and enhanced, and recognizes the importance of trees within the community. Not only do trees add to the beauty of the community, but they stabilize surface drainage and soil erosion. A well-designed landscape can reduce air and sound pollution, regulate solar radiation and help with wind control.
(B) City Arborist.
(1) Created. The City Manager or designee shall appoint a City Arborist.
(2) Duties and responsibilities. The City Arborist shall have authority over all trees and shrubs located within the city’s rights-of-way, parks and public places. On private, commercial and residential property, the City Arborist shall have the authority over trees and shrubs which constitute a public hazard or threat as described in the standards for specification manual.
(C) Planting trees, landscaping in city right-of-way. Tree planting on public ways shall be coordinated with required open landscaping areas to achieve the most effective use of these areas and to accomplish the purposes of aesthetics and conservation. Street trees shall be selected based on growth characteristics that are well suited to their environment. For a list of permitted street trees, contact the City Arborist.
(D) Public rights-of-way tree and plant care. It is the duty of the owner and occupant of any real property with frontage along a public sidewalk to maintain any trees, shrubs and plant material between such property and the curb line of the street. The city shall have the right, as determined by its sole discretion after attempting to contact property owners, to plant, prune, maintain and remove trees, plants, and shrubs within rights-of-way, streets, and public property as may be necessary to ensure public safety or to preserve or enhance public grounds.
(E) Clear vision. All trees, shrubs and other plant material located within the public rights-of-way or in public places shall comply with the clear vision standards of this subchapter.
(F) Illegal to cut, injure or top trees.
(1) It shall be unlawful for any person to remove trees situated on city property, including streets and roadways of the city, without obtaining permission from the City Arborist for that purpose.
(2) It shall be unlawful as a normal practice for any person, firm or city department to top any tree on city property. TOPPING is the severe cutting back of limbs to stubs larger than three inches in diameter within the tree’s crown to such a degree as to remove the normal canopy and disfigure the tree. Trees severely damaged by storms or other cause, or other obstructions where other pruning practices are impractical, may be exempted from this division (F)(2) at the determination of the City Arborist.
(G) Pruning, corner clearance. Every owner of any tree or shrub overhanging any street, sidewalk or right-of-way within the city, shall prune the branches so that such branches shall not severely obstruct the light from any street lamp, obstruct the view of any street intersection, or obstruct and create a hazard on a sidewalk. Said owners shall remove all dead, diseased or dangerous trees and shrubs, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right after attempting to contact property owners to prune any tree or shrub on private property when it interferes with visibility of any traffic control device, sign or sight triangle at intersections or constitutes a hazard on a sidewalk. Any costs incurred by the city will be collected from the adjacent property owner.
(H) Appeal. Any person may appeal a decision of the City Arborist to the City Manager, who may hear the matter and make a final decision within 60 days.
(Ord. 13-2022, passed 7-6-2022)