§ 175.005 PLANTS IN PUBLIC WAYS GENERALLY.
Publisher's Note: This Section has been AMENDED by new legislation (Ord. 1539, effective 11-6-2023). The text of the amendment will be incorporated below when the ordinance is codified.
   (A)   No person, other than authorized city employees, shall plant or destroy any ornamental shade tree or shrub located in any public way unless authorized to do so in accordance with the rules and regulations promulgated by the Department of Building and Engineering.
   (B)   New residential and commercial construction shall be required to plant one (1) tree per fifty (50) foot of frontage, and if applicable, one (1) tree per fifty (50) foot of side street frontage in the lawn area between the sidewalk and curb. If front and side street frontages are inadequate for tree planting, the property owner may plant an equal number of trees on the property.
   (C)   All residential and commercial properties inspected under § 171.004 Inspection of Residential Dwellings Prior to Sale or Transfer, Chapter 181: Rental Dwellings and Units, and § 170.096 Certificate of Conformity Required, Issuance, shall be required to plant, where no trees currently exist, one (1) tree per fifty (50) foot of frontage, and if applicable, one (1) tree per fifty (50) foot of side street frontage, in the lawn area between the sidewalk and curb, as a condition of receiving a Certificate of Approval, Certificate of Compliance or Certificate of Conformance. If front and side street frontages are inadequate for tree planting, the property owner may plant the tree on the property, or, contribute to the Tree Replacement Fund as set forth in the rules and regulations promulgated by the Department of Building and Engineering.
(Prior Code, § 36-5) (Ord. 1534, passed 6-5-2023) Penalty, see §  175.999