4.20.114.38   Tree trimming.
Cost of tree trimming is to be at expense of franchisee, and the city has the option to decide whether city or franchisee does the trimming. Before the installation of franchisee’s wires and cables and at any time thereafter, a franchisee shall notify the city regarding the need to trim trees and roots upon, and trees and tree branches overhanging, streets of the city so as to prevent the trees, branches and roots of such trees from coming in contact with the wires and cables of the franchisee. At the option of the city, such trimming may be done by the city at the expense of the franchisee, or by the franchisee under the city’s supervision and direction at the expense of the franchisee. When trees, tree branches or roots are located near the wires and cable of both franchisee and other utilities, then the costs of trimming such trees, tree branches or roots are to be allocated pro rata among the franchisee and such other utilities. When authorized, such trimming shall be limited to the area required for clear wiring passage and shall not include major structural branches which materially alter the appearance and natural growth habits of the tree. If such trimming is not performed by the city, the franchisee shall be responsible for any and all damages to any tree as a result of trimming or to the land surrounding any tree whether such tree is trimmed or removed, or for damage to property or person caused by such trimming and removal of any tree to the extent caused by the acts or omissions of the franchisee, its employees or contractors. (Ord. 205 § 3, 2001)