[Ord. No. 467, § 2.]
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
- Any person building a residence or causing to have built a residence.
- The area between a sidewalk and curb.
- STREET TREE AREA
- That area between the sidewalk and the line five feet from the property line on the private property side.
- STREET TREE PLAN
- The street tree plan of the city, as adopted and made a part of this chapter and as the same may hereafter be from time to time amended.
- STREET TREES
- Trees approved by this chapter for planting in street tree areas and parkways.
[Ord. No, 467, § 3.]
All trees and shrubs planted in the street tree areas and parkways shall conform as to species and location with the street tree plan of the city.
[Ord. No. 467, § 4.]
The building official is empowered and directed to enforce the provisions of this chapter.
[Ord. No. 467, § 5.]
No trees or shrubs shall be planted in any street tree or parkway area without permission of the building official and the building official shall require that all new plantings of street trees shall be in accordance with the provisions of this chapter and the street tree plan.
[Ord. No. 467, § 6.]
It shall be unlawful to plant in the street tree or parkway area the following trees: Acacia, Palm, Poplar, Tree of Heaven, Conifers, Sycamore.
It shall be unlawful to plant Willow, Cottonwood or Poplar trees anywhere in the city, unless the city administrator approves the site as one where the roots are not within one hundred feet of, and will not interfere with, a public sewer.
[Ord. No. 467, § 7.]
Before the final inspection on any new residential construction, the builder shall have planted the street trees in either the street tree areas or parkways in accordance with this chapter and the street tree plan and the planting thereof shall be as directed by the building official. Watering and care of the trees thereafter shall be the responsibility of the owners of the property.
[Ord. No. 467, § 8.]
No person shall cut, prune, remove, injure or interfere with any tree upon or in any street tree area or other public place in the city without prior permission and approval therefor from the building official. The building official is hereby authorized to grant such permission at his discretion and where necessary. Except those issued to public utility companies, as provided in section 32-8, no such permission granted shall be valid for a longer period than thirty days after its issuance.
[Ord. No. 467, § 9.]
Public utility companies shall be required to secure annual permits to trim or prune trees which create a hazard to their facilities.
[Ord. No. 467, § 10.]
Any person engaging in the business of pruning, trimming or removing of trees in the city shall secure an annual permit to so operate from the building official. This permit is in addition to all other business licenses required by this Code. No fee shall be charged for the issuance of the permit. As a condition to obtaining the permit, the person shall furnish satisfactory proof to the building official that he has public liability insurance covering the pruning, trimming or removing trees, in minimum amounts of twenty-five thousand dollars for injury to any one individual, fifty thousand dollars in the aggregate, and property damage insurance in the minimum amount of five thousand dollars. The policy of insurance, or certificate thereof, shall be filed with the building official, prior to the issuance of the license, and such person shall keep the insurance in full force and effect during the term of the permit.
[Ord. No. 467, § 11.]
Any tree or shrub growing in a street tree area or public place which is endangering or which in any way may endanger the security or usefulness of any public street, sidewalk or other public place or the full and safe operation of public utility wires, is hereby declared to be a nuisance and the building official may cause the same to be trimmed or removed. The building official shall notify the owner, or his duly authorized agent, in writing, that such trees or shrubs are a nuisance and shall be trimmed or removed. Failure of the property owner or his duly authorized agent to remove or trim such trees or shrubs within thirty days after receipt of the notice by the building official, shall be a violation of this chapter, and the building official may then cause the trees or shrubs to be removed or trimmed and assess the cost against the property owner. If existing street trees are removed, they shall be replaced with trees which conform to the street tree plan.
[Ord. No. 467, § 12.]
Mistletoe growing in any tree in the city is hereby declared to be a nuisance. The building official may cause mistletoe growing in any tree in the street tree area to be removed. In the case of mistletoe growing on trees on private property, or in the private property portion of the street tree area, the building official, or his duly authorized representative, shall notify the owner, or his duly authorized agent, in writing that such mistletoe is a nuisance and should be removed. Failure of the property owner to remove or to have such mistletoe removed within thirty days, after receipt of the notice shall be a violation of this chapter and the building official may then remove, or cause to be removed, such mistletoe and the cost of removal shall be assessed against the property owner.
[Ord. No. 467, § 13.]
It shall be a violation of this chapter to abuse, destroy or mutilate any tree, plant or shrub in a street tree area or any other public place in the city or to attach or place any rope, wire (other than one used to support a young or broken tree), sign, poster, handbill or other things to or on any tree growing in a public place or to cause or permit any wire charged with electricity to be placed or attached to any such tree, except for temporary Christmas decorations, or allow any gaseous, liquid or solid substances which are harmful to such trees to come in contact with their roots or leaves.
[Ord. No. 467, § 14.]
Appeals from any direction or order given by the building official shall be made in writing to the city administrator. Further appeal to the city council from any direction or order given or made by the city administrator under the provisions of this chapter may be made by filing written notice thereof with the city clerk within ten days after the receipt of such direction or order, stating in substance that the appeal is being made from such direction or order to the city council. The city clerk shall thereupon call such appeal to the attention of the city council at their next regular meeting, at which time and place the appellant and city administrator may present evidence. Action by the city council after such hearing shall be conclusive and final and in the event the city council shall uphold the direction or order of the city administrator, the property owner, or his duly authorized agent, shall within fifteen days thereafter comply with such direction or order.
[Ord. No. 467, § 15.]
Nothing contained in this chapter shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any street, park, pleasure ground, boulevard, alley or public place within the city.
[Ord. No. 467, § 16.]
The street tree plan of the city is as follows:
All trees approved for parkways may be planted in street tree areas.