City of Colby, WI Trees and Shrubs

The Common Council has empowered the City Forester to plant, transplant, remove, trim, treat and otherwise care for and protect all trees, shrubs and plants on all public lands not specifically delegated to other City boards, all to ensure public safety and to preserve and enhance the beauty of such public lands.

Public lands under the jurisdiction of the City Forester include but are not limited to all lands within the lines of all public streets and alleys in the City; more specifically, the terrace strip between the lot line and curb or improved portion of any public street or alley.

BOULEVARD OR TERRACE AREAS

The Common Council is empowered to require landowners to remove, trim or treat specified trees, shrubs or plants under certain conditions and to prohibit the planting of certain trees or tree species, shrubs or plants on private lands within the City of Colby.

§ 415-2 Definitions.

[Amended 8-2-2022 by Ord. No. 1-2022]

Whenever the following words or terms are used in this chapter, they shall be construed to have the following meanings:

The land between the normal location of the street curbing and sidewalk. Where there is no curb and gutter, the area four feet from the curbline shall be deemed to be a boulevard for the purpose of this chapter. "Boulevard" shall have the same meaning as "terrace." Where there are no sidewalks, the area five feet from the curb shall be deemed boulevard areas under this chapter.

CITY FORESTER

The Common Council shall designate a City Forester, or assign such duties to a City employer.

EVERGREEN TREE

Any woody plant normally having one stem or trunk and bearing foliage in the form of needles and crowns which extend from ground level throughout its entire height.

MAJOR ALTERATION

Trimming a tree beyond necessary trimming to comply with this chapter.

PERSON

Person, firm, association or corporation.

PUBLIC AREAS

Includes all public parks and other lands owned, controlled or leased by the City, except the terrace areas.

PUBLIC NUISANCE

Any tree or shrub or part thereof which, by reason of its condition, interferes with the use of any public area; is infected with a plant disease; is infested with injurious insects or pests; is injurious to public improvements; or endangers the life, health, safety or welfare of persons or property.

PUBLIC TREES AND SHRUBS

All trees and shrubs located or to be planted in or upon public areas.

SHRUBS

Any woody vegetation or a woody plant having multiple stems and bearing foliage from the ground up.

TREE

Any woody plant, normally having one stem or trunk bearing its foliage or crown well above ground level to heights of 16 feet or more.

§ 415-3 Authority of City Forester to enter private premises.

The City Forester or his authorized representative may enter upon private premises at all reasonable times for the purpose of examining any tree or shrub located upon or over such premises and carrying out any of the provisions of this chapter. If a request to inspect such trees or shrubs is denied by the person responsible for the property, an inspection warrant may be obtained pursuant to § 66.0119, Wis. Stats.

§ 415-4 Interference with City Forester prohibited.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

No person shall interfere with or prevent any acts of the City Forester or his/her authorized representatives while they are engaged in the performance of duties imposed by this chapter or carrying out any work or activities authorized by this chapter. No person shall refuse to permit the City Forester or his/her representative to enter upon his/her premises at reasonable times to exercise the duties imposed by this chapter.

§ 415-5 Abatement of tree disease nuisances.

Dutch Elm and other tree diseases a public nuisance. Whereas the Common Council has determined that there are many trees growing on public and private premises within the City, the loss of which would substantially depreciate the value of public and private property, impair the use and enjoyment of public and private premises and erode the tax base of the City, and that the health and life of such trees is threatened by fatal diseases such as Dutch Elm disease, which is spread by the elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.), the Common Council hereby declares its intention to control and prevent the spread of such disease and the insect pests and vectors which carry such diseases and specifically declares Dutch Elm disease and the elm bark beetles which carry such disease to be public nuisances.

Definitions. As used in this section, unless otherwise clearly indicated by the context, the following terms shall have the meanings indicated::

PERSON

Person, firm or corporation.

PUBLIC NUISANCE

Dutch Elm disease.

Elm bark beetles Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.).

Any living or standing elm tree or part thereof infected with the Dutch Elm disease fungus or in a weakened condition which harbors any of the elm bark beetles, Scolytus multistriatus (Eichb.) or Hylurgopinus rufipes (Marsh.).

Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle destroying concentrate.

Any other deleterious or fatal tree disease.

Any tree or part thereof which by reason of its condition and location is hazardous or dangerous to persons and property using or upon any public street, sidewalk, alley, park or other public place, including the terrace strip between curb and lot line.

Any tree or part thereof which is infested by the eastern tent caterpillar or other defoliating larvae.

PUBLIC PROPERTY

Owned or controlled by the City, including without limitation because of enumeration, public sites, parks, playgrounds, streets, alleys, sidewalks, boulevards and the terrace strip between the lot line and the curb or improved portion of any public way.

Inspection.

The City Forester shall inspect or cause to be inspected all premises and places within the City to determine whether any public nuisance exists thereon. The City Forester shall also inspect or cause the inspection of any elm tree reported or suspected to be infested with the Dutch Elm disease or any elm bark bearing materials reported or suspected to be infested with elm bark beetles.

Whenever necessary to determine the existence of Dutch Elm disease or elm bark beetles in any tree, the person inspecting such tree shall remove or cut specimens from the tree in such manner as to avoid fatal injury thereto and deliver such specimens to the City Forester, who shall forward them to the Wisconsin Department of Agriculture, Trade and Consumer Protection at Madison for analysis to determine the presence of such nuisances.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

The City Forester or his agents shall have authority to enter upon private premises at reasonable times for the purpose of carrying out any of the provisions of this section.

Abatement of nuisances.

The City Forester shall order, direct, supervise and control the abatement of public nuisances as defined in this section by spraying, removal, burning or by other means which the Forester determines to be necessary to prevent as fully as possible the spread of Dutch Elm disease fungus, other deleterious tree diseases or the insect pests or vectors known to carry such diseases.

Whenever the City Forester, after inspection or examination, shall determine that a public nuisance as herein defined exists on public property in the City, the Forester shall immediately abate or cause the abatement of such nuisance in such manner as to destroy or prevent as fully as possible the spread of Dutch Elm disease, other deleterious tree diseases or the inspect pests or vectors known to carry such disease fungus.

Notice of nuisance; hearing; order to abate.

When the City Forester shall determine with reasonable certainty that a public nuisance exists upon private premises, the Forester shall immediately serve or cause to be served personally or by registered mail upon the owner of such property, if he can be found, or upon the occupant thereof, a written notice of the existence of such nuisance and of a time and place for a hearing before the City Forester, not less than 10 days after service of such notice, on the abatement action to be taken. Such notice shall describe the nuisance and recommend procedures for its abatement, and shall further state that unless the owner shall abate the nuisance in the manner specified in the notice, or shall appear at the hearing to show that such nuisance does not exist or does not endanger the health of trees in the City, the City Forester shall cause the abatement thereof at the expense of the property served. If the owner cannot be found, such notice shall be given by publication in a newspaper of general circulation in the City.

If, after hearing held pursuant to this subsection, it shall be determined by the City Forester that a public nuisance exists, the Forester shall forthwith order the immediate abatement thereof. Unless the property owner abates the nuisance as directed within five days after such hearing, the City Forester shall proceed to abate the nuisance and cause the cost thereof to be assessed against the property in accordance with the procedures provided in this section. The City Forester may extend the time allowed the property owner for abatement work, but not to exceed 10 additional days.

Spraying.

Whenever the City Forester shall determine that any tree or part thereof is infected with a deleterious or fatal tree disease or is in a weakened condition or harbors elm bark beetles, he/she may cause all trees within a 1,000-foot radius thereto to be sprayed with an effective disease-destroying concentrate or other insecticide.

In order to facilitate the work and minimize the inconvenience to the public of any spraying operations conducted under this section, the Forester shall cause to be given advance public notice of such operations by newspaper, radio, television, public service announcements or other effective means and shall also cause the posting of appropriate warning notices in the areas and along the streets where trees are to be sprayed at least 24 hours in advance of spraying.

When appropriate warning notices and temporary "no parking" notices have been given and posted in accordance with Subsection E(2) of this section, the City shall not allow any claim for damages to any vehicle caused by such spraying operations.

When trees on private property are to be sprayed, the Forester shall notify the owner of such property and proceed in accordance with the requirements of Subsection D(3).

§ 415-6 Planting of trees and shrubs.

[Amended 8-2-2022 by Ord. No. 1-2022]

Purpose; permit requirements.

General. The Common Council hereby states that planting, care, and protection of public trees within the City of Colby is desirable for the purposes of beauty, shade, comfort, noise abatement and economic betterment, and hereby encourages all persons to assist in a program of tree planting, care and protection.

Tree permit required for planting on public property. No person, except upon the issuance of a tree permit from the City, shall plant, transplant, move, spray, brace, trim, prune, cut above or below ground, disturb, alter or do surgery on a public tree or shrub in the City of Colby's right-of-way, or cause such act to be done by others, without first getting a written tree permit for such work from the City Forester, Public Works Operator or Clerk-Treasurer as herein provided. Other instances are specified in this chapter where a tree permit is required.

Exemptions. No tree permit shall be required to cultivate, fertilize, perform minor cutting, pruning or watering of public trees or shrubs.

Requirements and conditions of permits.

If the City Forester determines that the proposed work or planning described in an application for a tree permit is necessary and in accord with the purposes of this chapter, taking into account the safety, health and welfare of the public, location of utilities, public sidewalks, driveways, and street lights, general character of the area in which the tree or shrub is located or proposed to be located, type of soil, characteristics, and physiological needs of the species or variety of trees or shrub, he/she shall issue a tree permit to the applicant. Said permit must indicate in detail the location, number, size, and species of trees, shrubs, or other plants that will be affected by such action and any additional information that the City Forest may find reasonably necessary. The applicant shall agree to perform the work for which the tree permit is sought in accordance with the provisions of this chapter.

As a condition of granting any tree permit to remove the public tree or shrub, the City Forester or designee may require that the permittee plant one or more trees or shrubs in place of the one removed, and no permittee under such a conditional tree permit shall fail, refuse or neglect to plant trees or shrubs of the type, size, and location specified in his/her permit. Failure to do so shall result in the City performing the work, and the cost thereof charged to the property owner.

Form, expiration, and inspection. The application for a tree permit shall include a description of the work to be done and shall specify the species or variety, size, nursery grade, and location of trees or shrubs to be planted, if any. Any work done under such tree permit must be performed in strict accordance with the terms thereof and the provisions of this chapter. Tree permits issued under this chapter shall expire 12 months after date of issue.

Proof of responsibility. It shall be unlawful for any person to engage in the business of planting, cutting, trimming, pruning, removing, spraying, or otherwise treating public trees, shrubs or other plants without permission of the public Works Operator or City Forester.

Permits to public utilities. Whenever a tree permit is issued under this chapter to a public utility to move, trim, prune, cut, disturb, alter or do surgery on any public tree or shrub, the City Forester shall limit the work to be done to the actual necessities of the utility and may assign an inspector to supervise the work done under provision of the permit, and the expense of such inspection or supervisions shall be charged to the utility.

Tree planting program. The City Forester shall recommend to the Common Council a program for tree planting, care and protection for public parks. The Common Council shall also encourage the planting, care and protection of trees and shrubs on private premises within the City of Colby.

Prohibited tree species.

Cottonwood and box elder trees prohibited. No person shall plant within the City of City any female tree of the species Populus Deltoides, commonly called the "cottonwood," or any tree commonly called the seed-bearing box elder Acer Negundo, which may now or hereafter become infested with box elder bugs, and such trees are hereby declared a nuisance. Any person planting any such trees on his/her premises shall cause the same to be removed. If any owner shall fail to remove any such tree within 30 days after receiving written notice from the City Forester, the City shall cause the removal of such tree and report the full cost thereof to the City Clerk-Treasurer who shall place such charge upon the next tax roll as a special charge against the premises.

Planting of certain trees restricted. Except in public parks, no person shall hereafter plant any catalpa, Chinese elm, white poplar, weeping willow, evergreen, lombardy poplar, silver maple, or any fruit, nut or fir/pine tree in or upon any public street, parkway, terrace or other public place within the City of Colby, unless he/she first secures written permission from the City Forester, who shall not approve any such planting if, in his/her opinion, said tree will constitute a nuisance to the public or the operation of any sewer or water system. The City Forester shall cause the removal of any tree planted in violation of this subsection.

Planting; location.

Planting standards.

All new street trees shall be selected from a list of approved trees complied by the City Forester. No other species may be planted without the written approval of the City Forester.

New trees must be single stemmed with a minimum diameter of 1 1/4 inches measured at six inches above ground level.

(c)

The tree shall be planted in a well-prepared hole at the same depth as it was originally growing. All trees less than 12 feet high shall be staked. All trees 12 feet or more in height shall be supported by guide wires in such a way as not to injure the bark. The support shall be removed after a year.

(d)

The tree shall be kept well-watered and mulched or cultivated in a two foot diameter around its base to conserve moisture and as a protection from lawn mower damage.

(e)

The good health of all trees planted hereunder shall be guaranteed for one year by the applicant, after which time such trees shall become the property of the City of Colby.

Spacing. The spacing of right-of-way trees will be in accordance with the three species size classes listed in this chapter. No trees may be planted closer together than the following, except in special plantings designed by a landscape architect and recommended by the City Forester, with final approval of the Common Council;

Small trees: 30 feet.

Medium trees: 40 feet.

(c)

Large trees: 50 feet.

(d)

Less than five feet in width: no planting area.

(e)

Five feet to eight feet in width: small or medium trees.

(f)

Eight feet and over in width: small, medium, or large trees.

Distance between curbs and sidewalks. Where required, curbs and sidewalks must be installed prior to street tree planting. Distance between the face of the curb and the outer edge of the sidewalk must be at least five feet. Trees must be planted half way between the sidewalk and curb unless underground utilities prevent such planting. No tree shall be planted closer than two feet from the curb.

Prohibited right-of-way planting. Trees shall not be planted in the terrace closer than:

Eight feet to a driveway or alley.

Eight feet to a fire hydrant, water stop box or gas shutoff. If possible, allow more distance than eight feet.

(c)

Twenty-five feet to the intersection of two streets from either corner measured on the property line.

(d)

Tree spacing requirements.

[1]

Small trees: minimum 20-foot spacing.

[2]

Medium trees: minimum 30-foot spacing.

[3]

Large trees: minimum 35-foot spacing.

(e)

No trees may be planted closer to any sidewalk than the following:

[1]

Small trees: two feet.

[2]

Medium trees: three feet.

[3]

Large trees: four feet.

(f)

No street trees larger than small trees shall be planted under any utility line. Applicant shall notify all utilizes when planting, pruning, or removing any tree or shrub.

Stump removal. New street trees shall not be planted over an existing tree stump within two years of removal unless the stump is removed to a depth of four feet.

Underground utilities determination. The property owner has the responsibility to locate underground utilities before digging by contacting Digger's Hotline.

Unlawfully planted trees. Trees, plants or shrubs planted within any right-of-way or planting easement without the authorization and approval of the City Forester may be removed. The City Forester shall notify the abutting owner in writing, listing the unlawfully planted trees, plants or shrubs, ordering their removal, and establishing a reasonable time within which such removal shall be accomplished. In the event that removal is not to be accomplished within the time specified, the City of Colby may remove such trees, plants or shrubs and assess the costs thereof to the owner as a special charge.

Frames; tree grates.

Frames. Any person, adjacent to whose land any shade or ornamental tree or shrub is growing in any street, may, for the purpose of protecting such tree or shrub, surround the same with a suitable box or frame for protection, but all such work shall be performed under the supervision and direction of the City Forester.

Tree grates. Tree grates shall be provided for right-of-way trees surrounded by concrete by the adjacent property owner and shall be level with adjacent concrete.

Acceptable trees. Certain plants are more suited than other to provide these benefits under various landscape conditions. The lists following provide a range of sizes and tree variety; they are not inclusive of all the better plants, but are representative of them.

Alder, black (Alnus glutinosa).

Alder, speckled (Alrus rugosa).

American beech.

Amur cherry.

Birch, river (Betula nigra).

Cherry, sargent (Prunus saragentii).

Chinese catalpa.

(8)

Chokecherry, schubert (Prunus virginiana "Schubertii").

(9)

Common hackberry.

(10)

Corktree, amur (Phellodendron amurense).

(11)

Crabapple.

(12)

Dogwood, kousa (Cornus kousa).

(13)

Dogwood, corrcliancherry (Cornus mas).

(14)

Downy serviceberry.

(15)

Elm, Chinese (Ulmus parvifolia; not Siberian elm).

(16)

Elm, frontier.

(17)

Elm, Jefferson.

(18)

Exclamation London planetree.

(19)

Ginkgo (Ginkgo biloba), male clones only.

(20)

Hackberry (Celtis occidentails), especially Chicagoland, Prairie Pride and Windy City.

(21)

Honey locust, thornless common (Gledisia triacanthos inermis).

(22)

Hornbeam, American (Carpinus caroliniana).

(23)

Hornbeam, European (Carpinus betulus).

(24)

Horse chestnut.

(25)

Hophornbeam, American (Ostrya virginiana).

(26)

Ironwood.

(27)

Japanese tree lilac.

(28)

Katsuratree (Cercidiphyllum japonicum).

(29)

Kentucky coffetree.

(30)

Lilac, peking.

(31)

Linden, crimean (Tilia X euchlora).

(32)

Linden, littleleaf (Tilia cordata) especially Glenleven, Greenspire, and June Bride.

(33)

Linden, silver (Tilia tomertosa).

(34)

Maple, hedge (Acer campestre).

(35)

Maple, miyable (Acer miyabei).

(36)

Maple, norway (Acer platanoides), especially Cleveland, Emerald Queen, Schwedler, Summershade and Superform.

(37)

Maple, paperback (Acer griseum).

(38)

Maple, purpleblow (Acer truncatum).

(39)

Maple, red (Acer rubrum), especially autumn blaze, marmo, morgan, northwood, October glory, and red sunset.

(40)

Maple, shantung.

(41)

Maple, sycamore (Acer pseudoplatanus).

(42)

Maple, three-flower (Acer triflorum).

(43)

Maple, tartarian (Acer tataricum).

(44)

Northern catalpa.

(45)

Oak, bur (Quercus marocarpa).

(46)

Oak, English (Quercus robur).

(47)

Oak, pin.

(48)

Oak, red (Quercus rubra or Q. borealis).

(49)

Oak, swamp white.

(50)

Ohio buckeye.

(51)

Pear, callery (Pyrus calleryana), especially Chanticleer and Fauriei.

(52)

Water-ash.

(53)

Yellowood.

§ 415-7 Trimming and pruning.

[Amended 8-2-2022 by Ord. No. 1-2022]

Right-of-way planting strip. In consideration that the right-of-way planting strip is the property of the public and under the management of the City, the responsibility for terrace tree planting, removal and maintenance is allocated in this subsection as follows:

City responsibilities. It shall be the responsibility of the City to remove and trim trees in the right-of-way planting strip in the following instances:

Trees, or parts thereof, that are considered by the City Forester to be a public nuisance; and

Trees, or parts thereof, that are found to be in conflict with City-initiated public improvements and the construction/maintenance of the same.

Abutting property owner responsibilities.

It shall be the responsibility of the property owner abutting the right-of-way planting strip to remove or trim trees or parts thereof that interfere with sidewalk or driveway use, replacement, repair or installation, or with the movement of pedestrians, vehicles, large objects, structures or buildings, or the construction of the same.

The abutting property owner is encouraged to plant, water, and fertilize trees on the right-of-way planting strip pursuant to this chapter.

Permit requirement. Prior to major trimming activity by a private property owner involving a public tree, the tree permit requirements of § 415-6 shall be complied with. Any person growing a tree, plant or shrub on any private property abutting on public streets or public places shall:

Hazard prevention. Trim trees so as not to be a hazard to persons using the streets or to interfere with the proper lighting of the streets.

Disease treatment. Treat or remove any tree, plant or shrub which the City Forester shall determine is diseased or insect-ridden or a hazard to persons using the streets.

Disease or insect host trees. Remove and refrain from planting any tree, plant or shrub designated by the City or the Wisconsin Department of Agriculture, Trade and Consumer Protection (WisDATCP) and published in its regulations to be a host or carrier of a dangerous plant disease or insect pest.

Optional right-of-way tree work by the City. Owners of any property may arrange at times not directed by the City Forester to have any terrace or utility easement tree, plant or shrub, pruned, trimmed or removed by the City of Colby or its agent and pay for such service at the rates established by the Common Council.

Trimming/pruning.

Street clearance. Trees and shrubs standing in or upon any right-of-way, public area or upon any private premises adjacent to any public right-of-way or public areas shall be kept trimmed by their owner so that the lowest branches projecting over the public street or alley provide a clearance of not less than 14 feet. The City Forester may waive the provisions of this section for newly planted trees if they determine that they do not interfere with public travel, obstruct the light of any street light or endanger public safety.

Sidewalk clearance.

Clearance from sidewalk to lower branches shall not be less than 10 feet. All trees standing upon private property in the City, the branches of which extend over the line of the sidewalk lower than 10 feet above the level of the sidewalk, shall be pruned.

No tree shall be permitted to grow in such a manner as to excessively obstruct the proper diffusion of light from any public lamp.

City Forester to determine pruning necessity. The necessity of the pruning of public trees shall be determined by the City Forester.

Topping or extreme pruning of public trees. It shall be unlawful as a normal practice for any person, firm or City department to top any public tree. Trees severely damaged by storms or other causes where other pruning practices are impractical may be exempted from this Chapter if determined first by the City Forester. Trimming or pruning of more than 2/3 of the crown shall be considered to be a major alteration and shall require authorization from the City Forester.

Tree ownership disputes. When ownership of a tree is disputed, the property owner must establish where the property line is before any work commences.

Removal standards; stumps. In cutting down trees located in public and right-of-way areas, the tree must be removed with the root stump grubbed out, or ground out to a depth of at least nine inches below grade measured in a straight line with the normal grade of sidewalk to top of nine inches below grade measured as a straight line, normal grade of sidewalk to top of nine inches below grade measured as a straight line, normal grade of sidewalk to the top of curb. All wood and debris must be removed from the street prior to the end of each working day and all holes shall be shall be filled to normal grade level with topsoil as soon as practicable. The abutting property owner shall have a right of first refusal to keep the wood, provided such wood is not diseased. All stumps of street and park trees shall be removed below the surface of the ground within 60 days. Failure to remove said stumpage within the proper time period shall result in the City removing said stumpage and charging removal fees to the permit holder.

Additional standards. The City may establish additional policies regarding the pruning of trees and shrubs and said policies once adopted shall become a part of the standards and specifications of this chapter.

§ 415-8 Trees and shrubbery obstructing view at intersection or view of traffic signs.

Notwithstanding any other provision of this chapter, no person shall maintain, plant or permit to remain on any private or public premises situated at the intersection of two or more streets or alleys in the City any hedge, tree, shrub or other growth which may obstruct the view of the operator of any motor vehicle or pedestrian approaching such intersection.

It is unlawful for any person to plant, cause to grow, allow to grow or maintain any trees, bushes, shrubbery or vegetation of any kind which is an obstruction to the clear and complete vision of any traffic sign or driveway approach to a street in the City. It shall be the duty of every owner of such tree, bush, shrubbery or vegetation to remove such obstruction.

Any shrub, tree or other plant which obstructs the view at an intersection or the view of a traffic sign shall be deemed to be dangerous to public travel and the City Forester may order, by written notice, the owner or occupant of any private place or premises on which there stands a tree or shrub which unreasonably interferes with or encroaches upon the street or sidewalk to take such steps as are necessary to remove such interference. If such owner or occupant fails, within 10 days of receipt of notice, to take such necessary steps, the City Forester shall order City employees to remove the interference. The cost of removing the interference shall be levied and collected as a special tax upon the property upon which or in front of which such tree or shrub stands.

Any person who is an owner or occupant or firm or corporation failing to obey the written notice of the City Forester as specified in Subsection C above shall, upon conviction thereof, be subject to a forfeiture as established in § 1-3, General penalty, of this Code.

§ 415-9 Removal of trees and stumps.

Dangerous, obstructive and infected trees. Any tree or part thereof, whether alive or dead, which the City Forester shall find to be infected, hazardous or a nuisance so as to endanger the general public or other trees, plants or shrubs growing within the City, or to be injurious to sewers, sidewalks or other public improvements, whether growing upon public or private premises, shall be removed, trimmed or treated by the owner of the property upon or adjacent to which such tree or part thereof is located. The City Forester shall give written notice to said owner to remedy the situation, which shall be served personally, mailed or posted upon the affected tree. Such notice shall specifically state the period of time within which the action must be taken, which shall be within not less than 24 hours nor more than 14 days as determined by the City Forester on the basis of the seriousness of the condition of the tree or danger to the public. If the owner shall fail to remove, treat or trim said tree within the time limit, the City Forester shall cause the tree to be removed, treated or trimmed and shall report the full cost thereof to the City Clerk-Treasurer, who shall thereupon enter such cost as a special charge against the property.

Removal standards. In cutting down trees located in public and terrace areas, the tree must be removed with the root stump grubbed out, or ground out to a depth of at least nine inches below grade measured in a straight line with the normal grade of sidewalk to top of curb. All wood and debris must be removed from the street prior to the end of each working day and all holes shall be filled to normal grade level with topsoil as soon as practicable. The abutting property owner shall have a right of first refusal to keep the wood, provided such wood is not diseased.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Private removal. No person, firm, organization or corporation shall plant, injure, trim, remove or destroy any tree or shrub located in or upon any public place until a permit shall have been issued by the City Forester. Such permit shall be issued only when the removal, trimming or cutting of the tree or shrub is necessary, as determined by the City Forester, because of disease, damage, hazardous condition and/or location, or its location is such that substantial detriment is done to the property upon which the tree or shrub stands, or property abutting the same. Such permit shall expressly state the premises upon which the tree stands and the location of the tree thereon.

§ 415-10 Prohibited acts.

Damage to public trees. No person shall, without the consent of the owner in the case of a private tree or shrub, or without written permits from the City Forester in the case of a terrace-area tree, public tree or shrub, perform or cause to be performed by others any of the following acts:

Secure, fasten or run any rope, wire, sign, unprotected electrical installation or other device or material to, around or through a tree or shrub.

Break, injure, mutilate, deface, kill or destroy any tree or shrub or permit any fire to burn where it will injure any tree or shrub.

Permit any toxic chemical, gas, smoke, oil or other injurious substance to seep, drain or be emptied upon or about any tree or shrub or place cement or other solid substance around the base of the same.

Remove any guard, stake or other device or material intended for the protection of a public tree or shrub, or close or obstruct any open space about the base of a public tree or shrub designed to permit access of air, water and fertilizer.

Attach any sign, poster, notice or other object on any tree, or fasten any guy wire, cable, rope, nails, screws or other device to any tree; except that the City may tie temporary "no parking" signs to trees when necessary in conjunction with street improvement work, tree maintenance work or parades.

Cause or encourage any fire or burning near or around any tree.