(a) The planting of the following trees is prohibited within the right of way of any public street or within twenty-five feet of a public sewer within the City: Silver Maple, Poplar, Box Elder, Basswood, Willow, Cottonwood, American Elm, nut and fruit trees, Ailanthus, Mountain Ash, Oregon Maple, or any similar tree with excessively thick foliage, low branches or large root systems.
(b) Silver Maple, Poplar, Basswood, Box Elder, Willow and Cottonwood trees, if planted on private property in the City, shall not be located within 100 feet of any public sewer.
(c) Any Silver Maple, Poplar, Basswood, Box Elder, Cottonwood or Willow tree upon private property in the City in such proximity to any public place as will permit the roots of such tree to penetrate through or under the surface of any public place is hereby declared to be a public nuisance and may be abated forthwith by order of the Director of Public Service who is authorized to direct the Director of Law to file an appropriate action in a court of competent jurisdiction to abate such nuisance.
(d) In addition to the requirements contained herein at Section 905.05, no tree may be planted in a tree lawn within the public right of way unless the tree lawn is at least five feet square.
(e) Notwithstanding the issuance of a permit for the planting of any tree within the right of way of any public street, the abutting private property owner shall be liable for any damage caused by such tree to the right of way, driveway aprons, sewers, water lines, water hydrants and abutting sidewalks.
(Ord. 89-18. Passed 7-25-89. )